Florida Senate - 2024 SB 1230
By Senator Bradley
6-01006A-24 20241230__
1 A bill to be entitled
2 An act relating to sexual predators and sexual
3 offenders; amending s. 775.21, F.S.; revising the
4 definitions of the terms “conviction,” “permanent
5 residence,” “temporary residence,” and “transient
6 residence”; specifying that, in order to qualify for
7 removal of certain registration requirements, certain
8 sexual offenders must meet specified criteria;
9 authorizing sexual predators to report to the
10 Department of Law Enforcement through the department’s
11 online system within a specified timeframe required
12 vehicle information changes after any change in
13 vehicles owned; requiring sheriffs’ offices to report
14 to the department transient residence information in a
15 manner prescribed by the department; requiring
16 sheriffs’ offices to electronically submit to and
17 update with the department specified information
18 within a specified timeframe after the sexual predator
19 provides it to the sheriff’s office; requiring sexual
20 predators to register all changes to vehicles owned
21 through the department’s online system; requiring the
22 department to establish an online system through which
23 sexual predators may securely access, submit, and
24 update all vehicles owned; revising the reporting
25 requirements and applicable timeframes with which a
26 sexual predator must comply if he or she intends to
27 establish a certain permanent, temporary, or transient
28 residence or to travel; requiring sheriffs’ offices to
29 electronically submit to and update with the
30 department, in a manner specified by the department,
31 specified information within a specified timeframe
32 after the sexual predator provides it to the sheriff’s
33 office; revising the list of requirements for which a
34 sexual predator’s failure to comply constitutes a
35 criminal offense; specifying that each instance of a
36 failure to register or report changes to specified
37 required information constitutes a separate offense;
38 conforming provisions to changes made by the act;
39 making technical changes; amending s. 943.0435, F.S.;
40 revising the definition of the term “convicted”;
41 authorizing sexual offenders to report to the
42 department through the department’s online system
43 within a specified timeframe required vehicle
44 information changes after any change in vehicles
45 owned; requiring sheriffs’ offices to report to the
46 department transient residence information in a manner
47 prescribed by the department; requiring sheriffs’
48 offices to electronically submit to and update with
49 the department specified information within a
50 specified timeframe after the sexual offender provides
51 it to the sheriff’s office; requiring sexual offenders
52 to register all changes to vehicles owned through the
53 department’s online system; requiring the department
54 to establish an online system through which sexual
55 offenders may securely access, submit, and update all
56 vehicles owned; requiring that, if a sexual offender
57 is in the custody of a local jail, the custodian of
58 the local jail register a sexual offender within a
59 specified timeframe after intake of the sexual
60 offender for any reason and upon release; requiring
61 the custodian to take a digitized photograph of the
62 sexual offender and forward the photograph and such
63 registration information to the department; revising
64 the reporting requirements and applicable timeframes
65 with which a sexual offender must comply if he or she
66 intends to establish a certain permanent, temporary,
67 or transient residence or to travel; revising the list
68 of requirements for which a sexual offender’s failure
69 to comply constitutes a criminal offense; specifying
70 that each instance of a failure to register or report
71 changes to specified required information constitutes
72 a separate offense; specifying that, in order to
73 qualify for removal of certain registration
74 requirements, certain sexual offenders must meet
75 specified criteria; requiring sheriffs’ offices to
76 electronically submit to and update with the
77 department, in a manner specified by the department,
78 specified information within a specified timeframe
79 after the sexual offender provides it to the sheriff’s
80 office; conforming provisions to changes made by the
81 act; making technical changes; reenacting s.
82 944.606(1)(d), F.S., relating to the definitions of
83 the terms “permanent residence,” “temporary
84 residence,” and “transient residence,” to incorporate
85 the amendment made to s. 775.21, F.S., in a reference
86 thereto; reenacting s. 1012.467(1)(b), F.S., relating
87 to the definition of the term “convicted,” to
88 incorporate the amendment made to s. 943.0435, F.S.,
89 in a reference thereto; reenacting ss. 320.02(4),
90 775.25, 938.10(1), 944.607(4)(a) and (9),
91 985.481(1)(a) and (d), and 985.4815(1)(b) and (f) and
92 (9), F.S., relating to registration required,
93 application for registration, and forms; prosecutions
94 for acts or omissions; additional court cost imposed
95 in cases of certain crimes; notification to department
96 of information on sexual offenders; sexual offenders
97 adjudicated delinquent and notification upon release;
98 and notification to department of information on
99 juvenile sexual offenders, respectively, to
100 incorporate the amendments by to ss. 775.21 and
101 943.0435, F.S., in references thereto; providing an
102 effective date.
103
104 Be It Enacted by the Legislature of the State of Florida:
105
106 Section 1. Section 775.21, Florida Statutes, is amended to
107 read:
108 775.21 The Florida Sexual Predators Act.—
109 (1) SHORT TITLE.—This section may be cited as “The Florida
110 Sexual Predators Act.”
111 (2) DEFINITIONS.—As used in this section, the term:
112 (a) “Change in status at an institution of higher
113 education” means the commencement or termination of enrollment,
114 including, but not limited to, traditional classroom setting or
115 online courses, or employment, whether for compensation or as a
116 volunteer, at an institution of higher education or a change in
117 location of enrollment or employment, whether for compensation
118 or as a volunteer, at an institution of higher education.
119 (b) “Chief of police” means the chief law enforcement
120 officer of a municipality.
121 (c) “Child care facility” has the same meaning as provided
122 in s. 402.302.
123 (d) “Community” means any county where the sexual predator
124 lives or otherwise establishes or maintains a permanent,
125 temporary, or transient residence.
126 (e) “Conviction” means a determination of guilt which is
127 the result of a trial or the entry of a plea of guilty or nolo
128 contendere, regardless of whether adjudication is withheld. A
129 conviction for a similar offense includes, but is not limited
130 to, a conviction by a federal or military tribunal, including
131 courts-martial conducted by the Armed Forces of the United
132 States, and includes a conviction or entry of a plea of guilty
133 or nolo contendere resulting in a sanction in any state of the
134 United States or other jurisdiction. A sanction includes, but is
135 not limited to, a fine, probation, community control, parole,
136 conditional release, control release, or incarceration in a
137 state prison, federal prison, private correctional facility, or
138 local detention facility.
139 (f) “Department” means the Department of Law Enforcement.
140 (g) “Electronic mail address” has the same meaning as
141 provided in s. 668.602.
142 (h) “Entering the county” includes being discharged from a
143 correctional facility or jail or secure treatment facility
144 within the county or being under supervision within the county
145 for the commission of a violation enumerated in subsection (4).
146 (i) “Institution of higher education” means a career
147 center, a community college, a college, a state university, or
148 an independent postsecondary educational institution.
149 (j) “Internet identifier” means any designation, moniker,
150 screen name, username, or other name used for self
151 identification to send or receive social Internet communication.
152 Internet identifier does not include a date of birth, social
153 security number, personal identification number (PIN), or
154 password. A sexual offender’s or sexual predator’s use of an
155 Internet identifier that discloses his or her date of birth,
156 social security number, PIN personal identification number
157 (PIN), password, or other information that would reveal the
158 identity of the sexual offender or sexual predator waives the
159 disclosure exemption in this paragraph for such personal
160 information.
161 (k) “Permanent residence” means a place where the person
162 abides, lodges, or resides for 3 or more consecutive days. For
163 the purpose of calculating a permanent residence under this
164 paragraph, the first day that a person abides, lodges, or
165 resides at a place is excluded and each subsequent day is
166 counted. A day includes any part of a calendar day.
167 (l) “Professional license” means the document of
168 authorization or certification issued by an agency of this state
169 for a regulatory purpose, or by any similar agency in another
170 jurisdiction for a regulatory purpose, to a person to engage in
171 an occupation or to carry out a trade or business.
172 (m) “Social Internet communication” means any communication
173 through a commercial social networking website as defined in s.
174 943.0437, or application software. The term does not include any
175 of the following:
176 1. Communication for which the primary purpose is the
177 facilitation of commercial transactions involving goods or
178 services;
179 2. Communication on an Internet website for which the
180 primary purpose of the website is the dissemination of news; or
181 3. Communication with a governmental entity.
182
183 As used in For purposes of this paragraph, the term “application
184 software” means any computer program designed to run on a mobile
185 device such as a smartphone or tablet computer, that allows
186 users to create web pages or profiles that provide information
187 about themselves and are available publicly or to other users,
188 and that offers a mechanism for communication with other users
189 through a forum, a chatroom, electronic mail, or an instant
190 messenger.
191 (n) “Temporary residence” means a place where the person
192 abides, lodges, or resides, including, but not limited to,
193 vacation, business, or personal travel destinations in or out of
194 this state, for a period of 3 or more days in the aggregate
195 during any calendar year and which is not the person’s permanent
196 address or, for a person whose permanent residence is not in
197 this state, a place where the person is employed, practices a
198 vocation, or is enrolled as a student for any period of time in
199 this state. For the purpose of calculating a temporary residence
200 under this paragraph, the first day that a person abides,
201 lodges, or resides at a place is excluded and each subsequent
202 day is counted. A day includes any part of a calendar day.
203 (o) “Transient residence” means a county where the a person
204 lives, remains, or is located for the purpose of abiding,
205 lodging, or residing for a period of 3 or more days in the
206 aggregate during a calendar year and which is not the person’s
207 permanent or temporary address. The term includes, but is not
208 limited to, a place where the person sleeps or seeks shelter and
209 a location that has no specific street address. For the purpose
210 of calculating a transient residence under this paragraph, the
211 first day that a person lives, remains, or is located in a
212 county for the purpose of abiding, lodging, or residing is
213 excluded and each subsequent day is counted. A day includes any
214 part of a calendar day.
215 (p) “Vehicles owned” means any motor vehicle as defined in
216 s. 320.01, which is registered, coregistered, leased, titled, or
217 rented by a sexual predator or sexual offender; a rented vehicle
218 that a sexual predator or sexual offender is authorized to
219 drive; or a vehicle for which a sexual predator or sexual
220 offender is insured as a driver. The term also includes any
221 motor vehicle as defined in s. 320.01, which is registered,
222 coregistered, leased, titled, or rented by a person or persons
223 residing at a sexual predator’s or sexual offender’s permanent
224 residence for 5 or more consecutive days.
225 (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT.—
226 (a) Repeat sexual offenders, sexual offenders who use
227 physical violence, and sexual offenders who prey on children are
228 sexual predators who present an extreme threat to the public
229 safety. Sexual offenders are extremely likely to use physical
230 violence and to repeat their offenses, and most sexual offenders
231 commit many offenses, have many more victims than are ever
232 reported, and are prosecuted for only a fraction of their
233 crimes. This makes the cost of sexual offender victimization to
234 society at large, while incalculable, clearly exorbitant.
235 (b) The high level of threat that a sexual predator
236 presents to the public safety, and the long-term effects
237 suffered by victims of sex offenses, provide the state with
238 sufficient justification to implement a strategy that includes:
239 1. Incarcerating sexual predators and maintaining adequate
240 facilities to ensure that decisions to release sexual predators
241 into the community are not made on the basis of inadequate
242 space.
243 2. Providing for specialized supervision of sexual
244 predators who are in the community by specially trained
245 probation officers with low caseloads, as described in ss.
246 947.1405(7) and 948.30. The sexual predator is subject to
247 specified terms and conditions implemented at sentencing or at
248 the time of release from incarceration, with a requirement that
249 those who are financially able must pay all or part of the costs
250 of supervision.
251 3. Requiring the registration of sexual predators, with a
252 requirement that complete and accurate information be maintained
253 and accessible for use by law enforcement authorities,
254 communities, and the public.
255 4. Providing for community and public notification
256 concerning the presence of sexual predators.
257 5. Prohibiting sexual predators from working with children,
258 either for compensation or as a volunteer.
259 (c) The state has a compelling interest in protecting the
260 public from sexual predators and in protecting children from
261 predatory sexual activity, and there is sufficient justification
262 for requiring sexual predators to register and for requiring
263 community and public notification of the presence of sexual
264 predators.
265 (d) It is the purpose of the Legislature that, upon the
266 court’s written finding that an offender is a sexual predator,
267 in order to protect the public, it is necessary that the sexual
268 predator be registered with the department and that members of
269 the community and the public be notified of the sexual
270 predator’s presence. The designation of a person as a sexual
271 predator is neither a sentence nor a punishment but simply a
272 status resulting from the conviction of certain crimes.
273 (e) It is the intent of the Legislature to address the
274 problem of sexual predators by:
275 1. Requiring sexual predators supervised in the community
276 to have special conditions of supervision and to be supervised
277 by probation officers with low caseloads;
278 2. Requiring sexual predators to register with the Florida
279 department of Law Enforcement, as provided in this section; and
280 3. Requiring community and public notification of the
281 presence of a sexual predator, as provided in this section.
282 (4) SEXUAL PREDATOR CRITERIA.—
283 (a) For a current offense committed on or after October 1,
284 1993, upon conviction, an offender shall be designated as a
285 “sexual predator” under subsection (5), and subject to
286 registration under subsection (6) and community and public
287 notification under subsection (7) if:
288 1. The felony is:
289 a. A capital, life, or first degree felony violation, or
290 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
291 is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
292 violation of a similar law of another jurisdiction; or
293 b. Any felony violation, or any attempt thereof, of s.
294 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
295 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
296 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
297 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
298 s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
299 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
300 the court makes a written finding that the racketeering activity
301 involved at least one sexual offense listed in this sub
302 subparagraph or at least one offense listed in this sub
303 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
304 985.701(1); or a violation of a similar law of another
305 jurisdiction, and the offender has previously been convicted of
306 or found to have committed, or has pled nolo contendere or
307 guilty to, regardless of adjudication, any violation of s.
308 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
309 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
310 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
311 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
312 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
313 excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
314 makes a written finding that the racketeering activity involved
315 at least one sexual offense listed in this sub-subparagraph or
316 at least one offense listed in this sub-subparagraph with sexual
317 intent or motive; s. 916.1075(2); or s. 985.701(1); or a
318 violation of a similar law of another jurisdiction;
319 2. The offender has not received a pardon for any felony or
320 similar law of another jurisdiction that is necessary for the
321 operation of this paragraph; and
322 3. A conviction of a felony or similar law of another
323 jurisdiction necessary to the operation of this paragraph has
324 not been set aside in any postconviction proceeding.
325 (b) In order to be counted as a prior felony for purposes
326 of this subsection, the felony must have resulted in a
327 conviction sentenced separately, or an adjudication of
328 delinquency entered separately, prior to the current offense and
329 sentenced or adjudicated separately from any other felony
330 conviction that is to be counted as a prior felony regardless of
331 the date of offense of the prior felony.
332 (c) If an offender has been registered as a sexual predator
333 by the Department of Corrections, the department, or any other
334 law enforcement agency and if:
335 1. The court did not, for whatever reason, make a written
336 finding at the time of sentencing that the offender was a sexual
337 predator; or
338 2. The offender was administratively registered as a sexual
339 predator because the Department of Corrections, the department,
340 or any other law enforcement agency obtained information that
341 indicated that the offender met the criteria for designation as
342 a sexual predator based on a violation of a similar law in
343 another jurisdiction,
344
345 the department shall remove that offender from the department’s
346 list of sexual predators and, for an offender described under
347 subparagraph 1., shall notify the state attorney who prosecuted
348 the offense that met the criteria for administrative designation
349 as a sexual predator, and, for an offender described under this
350 paragraph, shall notify the state attorney of the county where
351 the offender establishes or maintains a permanent, temporary, or
352 transient residence. The state attorney shall bring the matter
353 to the court’s attention in order to establish that the offender
354 meets the criteria for designation as a sexual predator. If the
355 court makes a written finding that the offender is a sexual
356 predator, the offender must be designated as a sexual predator,
357 must register or be registered as a sexual predator with the
358 department as provided in subsection (6), and is subject to the
359 community and public notification as provided in subsection (7).
360 If the court does not make a written finding that the offender
361 is a sexual predator, the offender may not be designated as a
362 sexual predator with respect to that offense and is not required
363 to register or be registered as a sexual predator with the
364 department.
365 (d) An offender who has been determined to be a sexually
366 violent predator pursuant to a civil commitment proceeding under
367 chapter 394 shall be designated as a “sexual predator” under
368 subsection (5) and subject to registration under subsection (6)
369 and community and public notification under subsection (7).
370 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
371 as a sexual predator as follows:
372 (a)1. An offender who meets the sexual predator criteria
373 described in paragraph (4)(d) is a sexual predator, and the
374 court shall make a written finding at the time such offender is
375 determined to be a sexually violent predator under chapter 394
376 that such person meets the criteria for designation as a sexual
377 predator for purposes of this section. The clerk shall transmit
378 a copy of the order containing the written finding to the
379 department within 48 hours after the entry of the order;
380 2. An offender who meets the sexual predator criteria
381 described in paragraph (4)(a) who is before the court for
382 sentencing for a current offense committed on or after October
383 1, 1993, is a sexual predator, and the sentencing court must
384 make a written finding at the time of sentencing that the
385 offender is a sexual predator, and the clerk of the court shall
386 transmit a copy of the order containing the written finding to
387 the department within 48 hours after the entry of the order; or
388 3. If the Department of Corrections, the department, or any
389 other law enforcement agency obtains information which indicates
390 that an offender who establishes or maintains a permanent,
391 temporary, or transient residence in this state meets the sexual
392 predator criteria described in paragraph (4)(a) or paragraph
393 (4)(d) because the offender was civilly committed or committed a
394 similar violation in another jurisdiction on or after October 1,
395 1993, the Department of Corrections, the department, or the law
396 enforcement agency shall notify the state attorney of the county
397 where the offender establishes or maintains a permanent,
398 temporary, or transient residence of the offender’s presence in
399 the community. The state attorney shall file a petition with the
400 criminal division of the circuit court for the purpose of
401 holding a hearing to determine if the offender’s criminal record
402 or record of civil commitment from another jurisdiction meets
403 the sexual predator criteria. If the court finds that the
404 offender meets the sexual predator criteria because the offender
405 has violated a similar law or similar laws in another
406 jurisdiction, the court shall make a written finding that the
407 offender is a sexual predator.
408
409 When the court makes a written finding that an offender is a
410 sexual predator, the court shall inform the sexual predator of
411 the registration and community and public notification
412 requirements described in this section. Within 48 hours after
413 the court designates designating an offender as a sexual
414 predator, the clerk of the circuit court shall transmit a copy
415 of the court’s written sexual predator finding to the
416 department. If the offender is sentenced to a term of
417 imprisonment or supervision, a copy of the court’s written
418 sexual predator finding must be submitted to the Department of
419 Corrections.
420 (b) If a sexual predator is not sentenced to a term of
421 imprisonment, the clerk of the court shall ensure that the
422 sexual predator’s fingerprints are taken and forwarded to the
423 department within 48 hours after the court renders its written
424 sexual predator finding. The fingerprints shall be clearly
425 marked, “Sexual Predator Registration.” The clerk of the court
426 that convicts and sentences the sexual predator for the offense
427 or offenses described in subsection (4) shall forward to the
428 department and to the Department of Corrections a certified copy
429 of any order entered by the court imposing any special condition
430 or restriction on the sexual predator that restricts or
431 prohibits access to the victim, if the victim is a minor, or to
432 other minors.
433 (c) If the Department of Corrections, the department, or
434 any other law enforcement agency obtains information which
435 indicates that an offender meets the sexual predator criteria
436 but the court did not make a written finding that the offender
437 is a sexual predator as required in paragraph (a), the
438 Department of Corrections, the department, or the law
439 enforcement agency shall notify the state attorney who
440 prosecuted the offense for offenders described in subparagraph
441 (a)1., or the state attorney of the county where the offender
442 establishes or maintains a residence upon first entering the
443 state for offenders described in subparagraph (a)3. The state
444 attorney shall bring the matter to the court’s attention in
445 order to establish that the offender meets the sexual predator
446 criteria. If the state attorney fails to establish that an
447 offender meets the sexual predator criteria and the court does
448 not make a written finding that an offender is a sexual
449 predator, the offender is not required to register with the
450 department as a sexual predator. The Department of Corrections,
451 the department, or any other law enforcement agency shall not
452 administratively designate an offender as a sexual predator
453 without a written finding from the court that the offender is a
454 sexual predator.
455 (d) A person who establishes or maintains a residence in
456 this state and who has not been designated as a sexual predator
457 by a court of this state but who has been designated as a sexual
458 predator, as a sexually violent predator, or any other by
459 another sexual offender designation in another state or
460 jurisdiction and was, as a result of such designation, subjected
461 to registration or community or public notification, or both, or
462 would be if the person was a resident of that state or
463 jurisdiction, without regard to whether the person otherwise
464 meets the criteria for registration as a sexual offender, shall
465 register in the manner provided in s. 943.0435 or s. 944.607 and
466 shall be subject to community and public notification as
467 provided in s. 943.0435 or s. 944.607. A person who meets the
468 criteria of this section is subject to the requirements and
469 penalty provisions of s. 943.0435 or s. 944.607 until the person
470 provides the department with an order issued by the court that
471 designated the person as a sexual predator, as a sexually
472 violent predator, or any other by another sexual offender
473 designation in the state or jurisdiction in which the order was
474 issued which states that such designation has been removed or
475 demonstrates to the department that such designation, if not
476 imposed by a court, has been removed by operation of law or
477 court order in the state or jurisdiction in which the
478 designation was made, and provided that such person no longer
479 meets the criteria for registration as a sexual offender under
480 the laws of this state. To qualify for removal of the
481 registration requirements under this paragraph, a sexual
482 offender described in this paragraph must meet the criteria for
483 removal under s. 943.0435.
484 (6) REGISTRATION.—
485 (a) A sexual predator shall register with the department
486 through the sheriff’s office by providing the following
487 information to the department:
488 1. Name; social security number; age; race; sex; date of
489 birth; height; weight; tattoos or other identifying marks; hair
490 and eye color; photograph; address of legal residence and
491 address of any current temporary residence, within this the
492 state or out of state, including a rural route address and a
493 post office box; if he or she has no permanent or temporary
494 address, any transient residence within this the state; address,
495 location or description, and dates of any current or known
496 future temporary residence within this the state or out of
497 state; electronic mail addresses; Internet identifiers and each
498 Internet identifier’s corresponding website homepage or
499 application software name; home telephone numbers and cellular
500 telephone numbers; employment information; the make, model,
501 color, vehicle identification number (VIN), and license tag
502 number of all vehicles owned; date and place of each conviction;
503 fingerprints; palm prints; and a brief description of the crime
504 or crimes committed by the offender. A post office box may not
505 be provided in lieu of a physical residential address. The
506 sexual predator shall produce his or her passport, if he or she
507 has a passport, and, if he or she is an alien, shall produce or
508 provide information about documents establishing his or her
509 immigration status. The sexual predator shall also provide
510 information about any professional licenses he or she has.
511 a. Any change that occurs after the sexual predator
512 registers in person at the sheriff’s office as provided in this
513 subparagraph in any of the following information related to the
514 sexual predator must be reported as provided in paragraphs (g),
515 (i), and (j): permanent, temporary, or transient residence;
516 name; electronic mail addresses; Internet identifiers and each
517 Internet identifier’s corresponding website homepage or
518 application software name; home and cellular telephone numbers;
519 employment information; and status at an institution of higher
520 education.
521 b. If the sexual predator’s place of residence is a motor
522 vehicle, trailer, mobile home, or manufactured home, as those
523 terms are defined in chapter 320, the sexual predator shall also
524 provide to the department written notice of the vehicle
525 identification number (VIN); the license tag number; the
526 registration number; and a description, including color scheme,
527 of the motor vehicle, trailer, mobile home, or manufactured
528 home. If a sexual predator’s place of residence is a vessel,
529 live-aboard vessel, or houseboat, as those terms are defined in
530 chapter 327, the sexual predator shall also provide to the
531 department written notice of the hull identification number; the
532 manufacturer’s serial number; the name of the vessel, live
533 aboard vessel, or houseboat; the registration number of the
534 vessel, live-aboard vessel, or houseboat; and a description,
535 including color scheme, of the vessel, live-aboard vessel, or
536 houseboat.
537 c. If the sexual predator is enrolled or employed, whether
538 for compensation or as a volunteer, at an institution of higher
539 education in this state, the sexual predator shall also provide
540 to the department the name, address, and county of each
541 institution, including each campus attended, and the sexual
542 predator’s enrollment, volunteer, or employment status. The
543 sheriff, the Department of Corrections, or the Department of
544 Juvenile Justice shall promptly notify each institution of
545 higher education of the sexual predator’s presence and any
546 change in the sexual predator’s enrollment, volunteer, or
547 employment status.
548 d. A sexual predator shall report to the department through
549 the department’s online system or in person to the sheriff’s
550 office within 48 hours after any change in vehicles owned to
551 report those vehicle information changes.
552 2. Any other information determined necessary by the
553 department, including criminal and corrections records;
554 nonprivileged personnel and treatment records; and evidentiary
555 genetic markers when available.
556 (b) If the sexual predator is in the custody or control of,
557 or under the supervision of, the Department of Corrections, or
558 is in the custody of a private correctional facility, the sexual
559 predator shall register with the Department of Corrections. A
560 sexual predator who is under the supervision of the Department
561 of Corrections but who is not incarcerated shall register with
562 the Department of Corrections within 3 business days after the
563 court finds the offender to be a sexual predator. The Department
564 of Corrections shall provide to the department registration
565 information and the location of, and local telephone number for,
566 any Department of Corrections office that is responsible for
567 supervising the sexual predator. In addition, the Department of
568 Corrections shall notify the department if the sexual predator
569 escapes or absconds from custody or supervision or if the sexual
570 predator dies.
571 (c) If the sexual predator is in the custody of a local
572 jail, the custodian of the local jail shall register the sexual
573 predator within 3 business days after intake of the sexual
574 predator for any reason and upon release, and shall forward the
575 registration information to the department. The custodian of the
576 local jail shall also take a digitized photograph of the sexual
577 predator while the sexual predator remains in custody and shall
578 provide the digitized photograph to the department. The
579 custodian shall notify the department if the sexual predator
580 escapes from custody or dies.
581 (d) If the sexual predator is under federal supervision,
582 the federal agency responsible for supervising the sexual
583 predator may forward to the department any information regarding
584 the sexual predator which is consistent with the information
585 provided by the Department of Corrections under this section,
586 and may indicate whether use of the information is restricted to
587 law enforcement purposes only or may be used by the department
588 for purposes of public notification.
589 (e)1. If the sexual predator is not in the custody or
590 control of, or under the supervision of, the Department of
591 Corrections or is not in the custody of a private correctional
592 facility, the sexual predator shall register in person:
593 a. At the sheriff’s office in the county where he or she
594 establishes or maintains a residence within 48 hours after
595 establishing or maintaining a residence in this state; and
596 b. At the sheriff’s office in the county where he or she
597 was designated a sexual predator by the court within 48 hours
598 after such finding is made.
599 2. Any change that occurs after the sexual predator
600 registers in person at the sheriff’s office as provided in
601 subparagraph 1. in any of the following information related to
602 the sexual predator must be reported as provided in paragraphs
603 (g), (i), and (j): permanent, temporary, or transient residence;
604 name; vehicles owned; electronic mail addresses; Internet
605 identifiers and each Internet identifier’s corresponding website
606 homepage or application software name; home and cellular
607 telephone numbers; employment information; and change in status
608 at an institution of higher education. When a sexual predator
609 registers with the sheriff’s office, the sheriff shall take a
610 photograph, a set of fingerprints, and palm prints of the sexual
611 predator and forward the photographs, palm prints, and
612 fingerprints to the department, along with the information that
613 the sexual predator is required to provide pursuant to this
614 section.
615 (f) Within 48 hours after the registration required under
616 paragraph (a) or paragraph (e), a sexual predator who is not
617 incarcerated and who resides in the community, including a
618 sexual predator under the supervision of the Department of
619 Corrections, shall register in person at a driver license office
620 of the Department of Highway Safety and Motor Vehicles and shall
621 present proof of registration unless a driver license or an
622 identification card that complies with the requirements of s.
623 322.141(3) was previously secured or updated under s. 944.607.
624 At the driver license office the sexual predator shall:
625 1. If otherwise qualified, secure a Florida driver license,
626 renew a Florida driver license, or secure an identification
627 card. The sexual predator shall identify himself or herself as a
628 sexual predator who is required to comply with this section,
629 provide his or her place of permanent, temporary, or transient
630 residence, including a rural route address and a post office
631 box, and submit to the taking of a photograph for use in issuing
632 a driver license, a renewed license, or an identification card,
633 and for use by the department in maintaining current records of
634 sexual predators. A post office box may not be provided in lieu
635 of a physical residential address. If the sexual predator’s
636 place of residence is a motor vehicle, trailer, mobile home, or
637 manufactured home, as those terms are defined in chapter 320,
638 the sexual predator shall also provide to the Department of
639 Highway Safety and Motor Vehicles the vehicle identification
640 number (VIN); the license tag number; the registration number;
641 and a description, including color scheme, of the motor vehicle,
642 trailer, mobile home, or manufactured home. If a sexual
643 predator’s place of residence is a vessel, live-aboard vessel,
644 or houseboat, as those terms are defined in chapter 327, the
645 sexual predator shall also provide to the Department of Highway
646 Safety and Motor Vehicles the hull identification number; the
647 manufacturer’s serial number; the name of the vessel, live
648 aboard vessel, or houseboat; the registration number of the
649 vessel, live-aboard vessel, or houseboat; and a description,
650 including color scheme, of the vessel, live-aboard vessel, or
651 houseboat.
652 2. Pay the costs assessed by the Department of Highway
653 Safety and Motor Vehicles for issuing or renewing a driver
654 license or an identification card as required by this section.
655 The driver license or identification card issued to the sexual
656 predator must comply with s. 322.141(3).
657 3. Provide, upon request, any additional information
658 necessary to confirm the identity of the sexual predator,
659 including a set of fingerprints.
660 (g)1. Each time a sexual predator’s driver license or
661 identification card is subject to renewal, and, without regard
662 to the status of the sexual predator’s driver license or
663 identification card, within 48 hours after any change of the
664 sexual predator’s residence or change in the sexual predator’s
665 name by reason of marriage or other legal process, the sexual
666 predator shall report in person to a driver license office and
667 is subject to the requirements specified in paragraph (f). The
668 Department of Highway Safety and Motor Vehicles shall forward to
669 the department and to the Department of Corrections all
670 photographs and information provided by sexual predators.
671 Notwithstanding the restrictions set forth in s. 322.142, the
672 Department of Highway Safety and Motor Vehicles may release a
673 reproduction of a color-photograph or digital-image license to
674 the Department of Law Enforcement for purposes of public
675 notification of sexual predators as provided in this section. A
676 sexual predator who is unable to secure or update a driver
677 license or an identification card with the Department of Highway
678 Safety and Motor Vehicles as provided in paragraph (f) and this
679 paragraph shall also report any change in of the sexual
680 predator’s permanent, temporary, or transient residence or
681 change in the sexual predator’s name by reason of marriage or
682 other legal process within 48 hours after the change to the
683 sheriff’s office in the county where the sexual predator resides
684 or is located and provide confirmation that he or she reported
685 such information to the Department of Highway Safety and Motor
686 Vehicles. The reporting requirements under this subparagraph do
687 not negate the requirement for a sexual predator to obtain a
688 Florida driver license or identification card as required by
689 this section.
690 2.a. A sexual predator who vacates a permanent, temporary,
691 or transient residence and fails to establish or maintain
692 another permanent, temporary, or transient residence shall,
693 within 48 hours after vacating the permanent, temporary, or
694 transient residence, report in person to the sheriff’s office of
695 the county in which he or she is located. The sexual predator
696 shall specify the date upon which he or she intends to or did
697 vacate such residence. The sexual predator shall provide or
698 update all of the registration information required under
699 paragraph (a). The sexual predator shall provide an address for
700 the residence or other place where that he or she is or will be
701 located during the time in which he or she fails to establish or
702 maintain a permanent or temporary residence.
703 b. A sexual predator shall report in person at the
704 sheriff’s office in the county in which he or she is located
705 within 48 hours after establishing a transient residence and
706 thereafter must report in person every 30 days to the sheriff’s
707 office in the county in which he or she is located while
708 maintaining a transient residence. The sexual predator must
709 provide the addresses and locations where he or she maintains a
710 transient residence. Each sheriff’s office shall report
711 establish procedures for reporting transient residence
712 information in a manner prescribed by the department and provide
713 notice to transient registrants to report transient residence
714 information as required in this sub-subparagraph. Reporting to
715 the sheriff’s office as required by this sub-subparagraph does
716 not exempt registrants from any reregistration requirement. The
717 sheriff may coordinate and enter into agreements with police
718 departments and other governmental entities to facilitate
719 additional reporting sites for transient residence registration
720 required in this sub-subparagraph. The sheriff’s office shall,
721 within 2 business days, electronically submit to and update with
722 the department all such information within 2 business days after
723 provided by the sexual predator provides it to the sheriff’s
724 office department.
725 3. A sexual predator who remains at a permanent, temporary,
726 or transient residence after reporting his or her intent to
727 vacate such residence shall, within 48 hours after the date upon
728 which the sexual predator indicated he or she would or did
729 vacate such residence, report in person to the sheriff’s office
730 to which he or she reported pursuant to subparagraph 2. for the
731 purpose of reporting his or her address at such residence. When
732 the sheriff receives the report, the sheriff shall promptly
733 convey the information to the department. A sexual predator An
734 offender who makes a report as required under subparagraph 2.
735 but fails to make a report as required under this subparagraph
736 commits a felony of the second degree, punishable as provided in
737 s. 775.082, s. 775.083, or s. 775.084.
738 4. The failure of a sexual predator who maintains a
739 transient residence to report in person to the sheriff’s office
740 every 30 days as required by sub-subparagraph 2.b. is punishable
741 as provided in subsection (10).
742 5.a. A sexual predator shall register all electronic mail
743 addresses and Internet identifiers, and each Internet
744 identifier’s corresponding website homepage or application
745 software name, with the department through the department’s
746 online system or in person at the sheriff’s office within 48
747 hours after using such electronic mail addresses or and Internet
748 identifiers. If the sexual predator is in the custody or
749 control, or under the supervision, of the Department of
750 Corrections, he or she must report all electronic mail addresses
751 and Internet identifiers, and each Internet identifier’s
752 corresponding website homepage or application software name, to
753 the Department of Corrections before using such electronic mail
754 addresses or Internet identifiers. If the sexual predator is in
755 the custody or control, or under the supervision, of the
756 Department of Juvenile Justice, he or she must report all
757 electronic mail addresses and Internet identifiers, and each
758 Internet identifier’s corresponding website homepage or
759 application software name, to the Department of Juvenile Justice
760 before using such electronic mail addresses or Internet
761 identifiers.
762 b. A sexual predator shall register all changes to vehicles
763 owned, all changes to home telephone numbers and cellular
764 telephone numbers, including added and deleted numbers, all
765 changes to employment information, and all changes in status
766 related to enrollment, volunteering, or employment at
767 institutions of higher education, through the department’s
768 online system; in person at the sheriff’s office; in person at
769 the Department of Corrections if the sexual predator is in the
770 custody or control, or under the supervision, of the Department
771 of Corrections; or in person at the Department of Juvenile
772 Justice if the sexual predator is in the custody or control, or
773 under the supervision, of the Department of Juvenile Justice.
774 All changes required to be reported in this sub-subparagraph
775 shall be reported within 48 hours after the change.
776 c. The department shall establish an online system through
777 which sexual predators may securely access, submit, and update
778 all vehicles owned; electronic mail addresses; Internet
779 identifiers and each Internet identifier’s corresponding website
780 homepage or application software name; home telephone numbers
781 and cellular telephone numbers; employment information; and
782 institution of higher education information.
783 (h) The department shall notify the sheriff and the state
784 attorney of the county and, if applicable, the police chief of
785 the municipality, where the sexual predator maintains a
786 residence.
787 (i) A sexual predator who intends to establish a permanent,
788 temporary, or transient residence in another state or
789 jurisdiction other than the State of Florida shall report in
790 person to the sheriff of the county of current residence at
791 least within 48 hours before the date he or she intends to leave
792 this state to establish residence in another state or
793 jurisdiction or at least 21 days before the date he or she
794 intends to travel if the intended residence of 5 days or more is
795 outside of the United States. Any travel that is not known by
796 the sexual predator 48 hours before he or she intends to
797 establish a residence in another state or jurisdiction, or 21
798 days before the departure date for travel outside of the United
799 States, must be reported to the sheriff’s office as soon as
800 possible before departure. The sexual predator shall provide to
801 the sheriff the address, municipality, county, state, and
802 country of intended residence. For international travel, the
803 sexual predator shall also provide travel information,
804 including, but not limited to, expected departure and return
805 dates, flight number, airport of departure, cruise port of
806 departure, or any other means of intended travel. The sheriff
807 shall promptly provide to the department the information
808 received from the sexual predator. The department shall notify
809 the statewide law enforcement agency, or a comparable agency, in
810 the intended state, jurisdiction, or country of residence or the
811 intended country of travel of the sexual predator’s intended
812 residence or intended travel. The failure of a sexual predator
813 to provide his or her intended place of residence or intended
814 travel is punishable as provided in subsection (10).
815 (j) A sexual predator who indicates his or her intent to
816 establish a permanent, temporary, or transient residence in
817 another state, a jurisdiction other than the State of Florida,
818 or intent to travel to another country, and later decides to
819 remain in this state shall, within 48 hours after the date upon
820 which the sexual predator indicated he or she would leave this
821 state, report in person to the sheriff’s office sheriff to which
822 the sexual predator reported the intended change of residence or
823 intended international travel, and report his or her intent to
824 remain in this state. If the sheriff is notified by the sexual
825 predator that he or she intends to remain in this state, the
826 sheriff shall promptly report this information to the
827 department. A sexual predator who reports his or her intent to
828 establish a permanent, temporary, or transient residence in
829 another state, a jurisdiction other than the State of Florida,
830 or intent to travel to another country, but who remains in this
831 state without reporting to the sheriff in the manner required by
832 this paragraph, commits a felony of the second degree,
833 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
834 (k)1. The department is responsible for the online
835 maintenance of current information regarding each registered
836 sexual predator. The department shall maintain hotline access
837 for state, local, and federal law enforcement agencies to obtain
838 instantaneous locator file and offender characteristics
839 information on all released registered sexual predators for
840 purposes of monitoring, tracking, and prosecution. The
841 photograph, palm prints, and fingerprints do not have to be
842 stored in a computerized format.
843 2. The department’s sexual predator registration list,
844 containing the information described in subparagraph (a)1., is a
845 public record, unless otherwise made exempt or confidential and
846 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
847 Constitution. The department may disseminate this public
848 information by any means deemed appropriate, including operating
849 a toll-free telephone number for this purpose. When the
850 department provides information regarding a registered sexual
851 predator to the public, department personnel shall advise the
852 person making the inquiry that positive identification of a
853 person believed to be a sexual predator cannot be established
854 unless a fingerprint comparison is made, and that it is illegal
855 to use public information regarding a registered sexual predator
856 to facilitate the commission of a crime.
857 3. The department shall adopt guidelines as necessary
858 regarding the registration of sexual predators and the
859 dissemination of information regarding sexual predators as
860 required by this section.
861 (l) A sexual predator shall maintain registration with the
862 department for the duration of his or her life, unless the
863 sexual predator has received a full pardon or has had a
864 conviction set aside in a postconviction proceeding for any
865 offense that met the criteria for the sexual predator
866 designation.
867 (7) COMMUNITY AND PUBLIC NOTIFICATION.—
868 (a) Law enforcement agencies must inform members of the
869 community and the public of a sexual predator’s presence. Upon
870 notification of the presence of a sexual predator, the sheriff
871 of the county or the chief of police of the municipality where
872 the sexual predator establishes or maintains a permanent or
873 temporary residence shall notify members of the community and
874 the public of the presence of the sexual predator in a manner
875 deemed appropriate by the sheriff or the chief of police. Within
876 48 hours after receiving notification of the presence of a
877 sexual predator, the sheriff of the county or the chief of
878 police of the municipality where the sexual predator temporarily
879 or permanently resides shall notify each licensed child care
880 facility, elementary school, middle school, and high school
881 within a 1-mile radius of the temporary or permanent residence
882 of the sexual predator of the presence of the sexual predator.
883 Information provided to members of the community and the public
884 regarding a sexual predator must include:
885 1. The name of the sexual predator;
886 2. A description of the sexual predator, including a
887 photograph;
888 3. The sexual predator’s current permanent, temporary, and
889 transient addresses, and descriptions of registered locations
890 that have no specific street address, including the name of the
891 county or municipality if known;
892 4. The circumstances of the sexual predator’s offense or
893 offenses; and
894 5. Whether the victim of the sexual predator’s offense or
895 offenses was, at the time of the offense, a minor or an adult.
896
897 This paragraph does not authorize the release of the name of any
898 victim of the sexual predator.
899 (b) The sheriff or the police chief may coordinate the
900 community and public notification efforts with the department.
901 Statewide notification to the public is authorized, as deemed
902 appropriate by local law enforcement personnel and the
903 department.
904 (c) The department shall notify the public of all
905 designated sexual predators through the Internet. The Internet
906 notice shall include the information required by paragraph (a).
907 (d) The department shall adopt a protocol to assist law
908 enforcement agencies in their efforts to notify the community
909 and the public of the presence of sexual predators.
910 (8) VERIFICATION.—The department and the Department of
911 Corrections shall implement a system for verifying the addresses
912 of sexual predators. The system must be consistent with the
913 federal Adam Walsh Child Protection and Safety Act of 2006 and
914 any other federal standards applicable to such verification or
915 required to be met as a condition for the receipt of federal
916 funds by the state. The Department of Corrections shall verify
917 the addresses of sexual predators who are not incarcerated but
918 who reside in the community under the supervision of the
919 Department of Corrections and shall report to the department any
920 failure by a sexual predator to comply with registration
921 requirements. County and local law enforcement agencies, in
922 conjunction with the department, shall verify the addresses of
923 sexual predators who are not under the care, custody, control,
924 or supervision of the Department of Corrections, and may verify
925 the addresses of sexual predators who are under the care,
926 custody, control, or supervision of the Department of
927 Corrections. Local law enforcement agencies shall report to the
928 department any failure by a sexual predator to comply with
929 registration requirements.
930 (a) A sexual predator shall report in person each year
931 during the month of the sexual predator’s birthday and during
932 every third month thereafter to the sheriff’s office in the
933 county in which he or she resides or is otherwise located to
934 reregister. The sheriff’s office may determine the appropriate
935 times and days for reporting by the sexual predator, which must
936 be consistent with the reporting requirements of this paragraph.
937 Reregistration must include any changes to the following
938 information:
939 1. Name; social security number; age; race; sex; date of
940 birth; height; weight; tattoos or other identifying marks; hair
941 and eye color; address of any permanent residence and address of
942 any current temporary residence, within this the state or out of
943 state, including a rural route address and a post office box; if
944 he or she has no permanent or temporary address, any transient
945 residence within this the state including the address, location
946 or description of the transient residences, and dates of any
947 current or known future temporary residence within this the
948 state or out of state; all electronic mail addresses; all
949 Internet identifiers and each Internet identifier’s
950 corresponding website homepage or application software name; all
951 home telephone numbers and cellular telephone numbers; date and
952 place of any employment; the make, model, color, vehicle
953 identification number (VIN), and license tag number of all
954 vehicles owned; fingerprints; palm prints; and photograph. A
955 post office box may not be provided in lieu of a physical
956 residential address. The sexual predator shall also produce his
957 or her passport, if he or she has a passport, and, if he or she
958 is an alien, shall produce or provide information about
959 documents establishing his or her immigration status. The sexual
960 predator shall also provide information about any professional
961 licenses he or she has.
962 2. If the sexual predator is enrolled or employed, whether
963 for compensation or as a volunteer, at an institution of higher
964 education in this state, the sexual predator shall also provide
965 to the department the name, address, and county of each
966 institution, including each campus attended, and the sexual
967 predator’s enrollment, volunteer, or employment status.
968 3. If the sexual predator’s place of residence is a motor
969 vehicle, trailer, mobile home, or manufactured home, as those
970 terms are defined in chapter 320, the sexual predator shall also
971 provide the vehicle identification number (VIN); the license tag
972 number; the registration number; and a description, including
973 color scheme, of the motor vehicle, trailer, mobile home, or
974 manufactured home. If the sexual predator’s place of residence
975 is a vessel, live-aboard vessel, or houseboat, as those terms
976 are defined in chapter 327, the sexual predator shall also
977 provide the hull identification number; the manufacturer’s
978 serial number; the name of the vessel, live-aboard vessel, or
979 houseboat; the registration number of the vessel, live-aboard
980 vessel, or houseboat; and a description, including color scheme,
981 of the vessel, live-aboard vessel, or houseboat.
982 (b) The sheriff’s office shall, within 2 working days,
983 electronically submit to and update with the department, in a
984 manner prescribed by the department, all such information within
985 2 business days after provided by the sexual predator provides
986 it to the sheriff’s office department in a manner prescribed by
987 the department.
988 (9) IMMUNITY.—The department, the Department of Highway
989 Safety and Motor Vehicles, the Department of Corrections, the
990 Department of Juvenile Justice, any law enforcement agency in
991 this state, and the personnel of those departments; an elected
992 or appointed official, public employee, or school administrator;
993 or an employee, agency, or any individual or entity acting at
994 the request or upon the direction of any law enforcement agency
995 is immune from civil liability for damages for good faith
996 compliance with the requirements of this section or for the
997 release of information under this section, and shall be presumed
998 to have acted in good faith in compiling, recording, reporting,
999 or releasing the information. The presumption of good faith is
1000 not overcome if a technical or clerical error is made by the
1001 department, the Department of Highway Safety and Motor Vehicles,
1002 the Department of Corrections, the Department of Juvenile
1003 Justice, the personnel of those departments, or any individual
1004 or entity acting at the request or upon the direction of any of
1005 those departments in compiling or providing information, or if
1006 information is incomplete or incorrect because a sexual predator
1007 fails to report or falsely reports his or her current place of
1008 permanent or temporary residence.
1009 (10) PENALTIES.—
1010 (a) Except as otherwise specifically provided, a sexual
1011 predator who fails to register; who fails, after registration,
1012 to maintain, acquire, or renew a driver license or an
1013 identification card; who fails to provide required location
1014 information or change-of-name information; who fails to provide
1015 electronic mail addresses, Internet identifiers, and each
1016 Internet identifier’s corresponding website homepage or
1017 application software name; who fails to provide all home
1018 telephone numbers and cellular telephone numbers; who fails to
1019 report any changes to, employment information or changes, change
1020 in status at an institution of higher education, or change-of
1021 name information; who fails to report any changes to vehicles
1022 owned, including the addition of new vehicles and changes to the
1023 make, model, color, vehicle identification number (VIN), and
1024 license tag numbers of previously reported vehicles; who fails
1025 to make a required report in connection with vacating a
1026 permanent residence; who fails to reregister as required; who
1027 fails to respond to any address verification correspondence from
1028 the department or from county or local law enforcement agencies
1029 within 3 weeks after of the date of the correspondence; who
1030 knowingly provides false registration information by act or
1031 omission; or who otherwise fails, by act or omission, to comply
1032 with the requirements of this section commits a felony of the
1033 third degree, punishable as provided in s. 775.082, s. 775.083,
1034 or s. 775.084. Each instance of a failure to register or report
1035 changes to the required information specified in this paragraph
1036 constitutes a separate offense.
1037 (b) A sexual predator who has been convicted of or found to
1038 have committed, or has pled nolo contendere or guilty to,
1039 regardless of adjudication, any violation, or attempted
1040 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1041 the victim is a minor; s. 794.011, excluding s. 794.011(10); s.
1042 794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
1043 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s.
1044 985.701(1); or a violation of a similar law of another
1045 jurisdiction when the victim of the offense was a minor, and who
1046 works, whether for compensation or as a volunteer, at any
1047 business, school, child care facility, park, playground, or
1048 other place where children regularly congregate, commits a
1049 felony of the third degree, punishable as provided in s.
1050 775.082, s. 775.083, or s. 775.084.
1051 (c) For a felony violation of this section, excluding
1052 paragraph (g), committed on or after July 1, 2018, if the court
1053 does not impose a prison sentence, the court shall impose a
1054 mandatory minimum term of community control, as defined in s.
1055 948.001, as follows:
1056 1. For a first offense, a mandatory minimum term of 6
1057 months with electronic monitoring.
1058 2. For a second offense, a mandatory minimum term of 1 year
1059 with electronic monitoring.
1060 3. For a third or subsequent offense, a mandatory minimum
1061 term of 2 years with electronic monitoring.
1062 (d) Any person who misuses public records information
1063 relating to a sexual predator, as defined in this section, or a
1064 sexual offender, as defined in s. 943.0435 or s. 944.607, to
1065 secure a payment from such a predator or offender; who knowingly
1066 distributes or publishes false information relating to such a
1067 predator or offender which the person misrepresents as being
1068 public records information; or who materially alters public
1069 records information with the intent to misrepresent the
1070 information, including documents, summaries of public records
1071 information provided by law enforcement agencies, or public
1072 records information displayed by law enforcement agencies on
1073 websites or provided through other means of communication,
1074 commits a misdemeanor of the first degree, punishable as
1075 provided in s. 775.082 or s. 775.083.
1076 (e) A sexual predator who commits any act or omission in
1077 violation of this section may be prosecuted for the act or
1078 omission in the county in which the act or omission was
1079 committed, in the county of the last registered address of the
1080 sexual predator, in the county in which the conviction occurred
1081 for the offense or offenses that meet the criteria for
1082 designating a person as a sexual predator, in the county where
1083 the sexual predator was released from incarceration, or in the
1084 county of the intended address of the sexual predator as
1085 reported by the sexual predator prior to his or her release from
1086 incarceration. In addition, a sexual predator may be prosecuted
1087 for any such act or omission in the county in which he or she
1088 was designated a sexual predator.
1089 (f) An arrest on charges of failure to register, the
1090 service of an information or a complaint for a violation of this
1091 section, or an arraignment on charges for a violation of this
1092 section constitutes actual notice of the duty to register when
1093 the predator has been provided and advised of his or her
1094 statutory obligation to register under subsection (6). A sexual
1095 predator’s failure to immediately register as required by this
1096 section following such arrest, service, or arraignment
1097 constitutes grounds for a subsequent charge of failure to
1098 register. A sexual predator charged with the crime of failure to
1099 register who asserts, or intends to assert, a lack of notice of
1100 the duty to register as a defense to a charge of failure to
1101 register shall immediately register as required by this section.
1102 A sexual predator who is charged with a subsequent failure to
1103 register may not assert the defense of a lack of notice of the
1104 duty to register. Registration following such arrest, service,
1105 or arraignment is not a defense and does not relieve the sexual
1106 predator of criminal liability for the failure to register.
1107 (g) Any person who has reason to believe that a sexual
1108 predator is not complying, or has not complied, with the
1109 requirements of this section and who, with the intent to assist
1110 the sexual predator in eluding a law enforcement agency that is
1111 seeking to find the sexual predator to question the sexual
1112 predator about, or to arrest the sexual predator for, his or her
1113 noncompliance with the requirements of this section:
1114 1. Withholds information from, or does not notify, the law
1115 enforcement agency about the sexual predator’s noncompliance
1116 with the requirements of this section, and, if known, the
1117 whereabouts of the sexual predator;
1118 2. Harbors, or attempts to harbor, or assists another
1119 person in harboring or attempting to harbor, the sexual
1120 predator;
1121 3. Conceals or attempts to conceal, or assists another
1122 person in concealing or attempting to conceal, the sexual
1123 predator; or
1124 4. Provides information to the law enforcement agency
1125 regarding the sexual predator which the person knows to be false
1126 information,
1127
1128 commits a felony of the third degree, punishable as provided in
1129 s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
1130 apply if the sexual predator is incarcerated in or is in the
1131 custody of a state correctional facility, a private correctional
1132 facility, a local jail, or a federal correctional facility.
1133 Section 2. Section 943.0435, Florida Statutes, is amended
1134 to read:
1135 943.0435 Sexual offenders required to register with the
1136 department; penalty.—
1137 (1) As used in this section, the term:
1138 (a) “Change in status at an institution of higher
1139 education” has the same meaning as provided in s. 775.21.
1140 (b) “Convicted” means that there has been a determination
1141 of guilt as a result of a trial or the entry of a plea of guilty
1142 or nolo contendere, regardless of whether adjudication is
1143 withheld, and includes an adjudication of delinquency of a
1144 juvenile as specified in this section. Conviction of a similar
1145 offense includes, but is not limited to, a conviction by a
1146 federal or military tribunal, including courts-martial conducted
1147 by the Armed Forces of the United States, and includes a
1148 conviction or entry of a plea of guilty or nolo contendere
1149 resulting in a sanction in any state of the United States or
1150 other jurisdiction. A sanction includes, but is not limited to,
1151 a fine, probation, community control, parole, conditional
1152 release, control release, or incarceration in a state prison,
1153 federal prison, private correctional facility, or local
1154 detention facility.
1155 (c) “Electronic mail address” has the same meaning as
1156 provided in s. 668.602.
1157 (d) “Institution of higher education” has the same meaning
1158 as provided in s. 775.21.
1159 (e) “Internet identifier” has the same meaning as provided
1160 in s. 775.21.
1161 (f) “Permanent residence,” “temporary residence,” and
1162 “transient residence” have the same meaning as provided in s.
1163 775.21.
1164 (g) “Professional license” has the same meaning as provided
1165 in s. 775.21.
1166 (h)1. “Sexual offender” means a person who meets the
1167 criteria in sub-subparagraph a., sub-subparagraph b., sub
1168 subparagraph c., or sub-subparagraph d., as follows:
1169 a.(I) Has been convicted of committing, or attempting,
1170 soliciting, or conspiring to commit, any of the criminal
1171 offenses proscribed in the following statutes in this state or
1172 similar offenses in another jurisdiction: s. 393.135(2); s.
1173 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
1174 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
1175 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
1176 794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
1177 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1178 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1179 s. 895.03, if the court makes a written finding that the
1180 racketeering activity involved at least one sexual offense
1181 listed in this sub-sub-subparagraph or at least one offense
1182 listed in this sub-sub-subparagraph with sexual intent or
1183 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
1184 committed in this state which has been redesignated from a
1185 former statute number to one of those listed in this sub-sub
1186 subparagraph; and
1187 (II) Has been released on or after October 1, 1997, from a
1188 sanction imposed for any conviction of an offense described in
1189 sub-sub-subparagraph (I) and does not otherwise meet the
1190 criteria for registration as a sexual offender under chapter 944
1191 or chapter 985. For purposes of this sub-sub-subparagraph, a
1192 sanction imposed in this state or in any other jurisdiction
1193 means probation, community control, parole, conditional release,
1194 control release, or incarceration in a state prison, federal
1195 prison, private correctional facility, or local detention
1196 facility. If no sanction is imposed, the person is deemed to be
1197 released upon conviction;
1198 b. Establishes or maintains a residence in this state and
1199 who has not been designated as a sexual predator by a court of
1200 this state but who has been designated as a sexual predator, as
1201 a sexually violent predator, or any other by another sexual
1202 offender designation in another state or jurisdiction and was,
1203 as a result of such designation, subjected to registration or
1204 community or public notification, or both, or would be if the
1205 person were a resident of that state or jurisdiction, without
1206 regard to whether the person otherwise meets the criteria for
1207 registration as a sexual offender;
1208 c. Establishes or maintains a residence in this state who
1209 is in the custody or control of, or under the supervision of,
1210 any other state or jurisdiction as a result of a conviction for
1211 committing, or attempting, soliciting, or conspiring to commit,
1212 any of the criminal offenses proscribed in the following
1213 statutes or similar offense in another jurisdiction: s.
1214 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
1215 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
1216 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
1217 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
1218 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
1219 s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
1220 s. 847.0145; s. 895.03, if the court makes a written finding
1221 that the racketeering activity involved at least one sexual
1222 offense listed in this sub-subparagraph or at least one offense
1223 listed in this sub-subparagraph with sexual intent or motive; s.
1224 916.1075(2); or s. 985.701(1); or any similar offense committed
1225 in this state which has been redesignated from a former statute
1226 number to one of those listed in this sub-subparagraph; or
1227 d. On or after July 1, 2007, has been adjudicated
1228 delinquent for committing, or attempting, soliciting, or
1229 conspiring to commit, any of the criminal offenses proscribed in
1230 the following statutes in this state or similar offenses in
1231 another jurisdiction when the juvenile was 14 years of age or
1232 older at the time of the offense:
1233 (I) Section 794.011, excluding s. 794.011(10);
1234 (II) Section 800.04(4)(a)2. where the victim is under 12
1235 years of age or where the court finds sexual activity by the use
1236 of force or coercion;
1237 (III) Section 800.04(5)(c)1. where the court finds
1238 molestation involving unclothed genitals;
1239 (IV) Section 800.04(5)(d) where the court finds the use of
1240 force or coercion and unclothed genitals; or
1241 (V) Any similar offense committed in this state which has
1242 been redesignated from a former statute number to one of those
1243 listed in this sub-subparagraph.
1244 2. For all qualifying offenses listed in sub-subparagraph
1245 1.d., the court shall make a written finding of the age of the
1246 offender at the time of the offense.
1247
1248 For each violation of a qualifying offense listed in this
1249 subsection, except for a violation of s. 794.011, the court
1250 shall make a written finding of the age of the victim at the
1251 time of the offense. For a violation of s. 800.04(4), the court
1252 shall also make a written finding indicating whether the offense
1253 involved sexual activity and indicating whether the offense
1254 involved force or coercion. For a violation of s. 800.04(5), the
1255 court shall also make a written finding that the offense did or
1256 did not involve unclothed genitals or genital area and that the
1257 offense did or did not involve the use of force or coercion.
1258 (i) “Vehicles owned” has the same meaning as provided in s.
1259 775.21.
1260 (2) Upon initial registration, a sexual offender shall:
1261 (a) Report in person at the sheriff’s office:
1262 1. In the county in which the offender establishes or
1263 maintains a permanent, temporary, or transient residence within
1264 48 hours after:
1265 a. Establishing permanent, temporary, or transient
1266 residence in this state; or
1267 b. Being released from the custody, control, or supervision
1268 of the Department of Corrections or from the custody of a
1269 private correctional facility; or
1270 2. In the county where he or she was convicted within 48
1271 hours after being convicted for a qualifying offense for
1272 registration under this section if the offender is not in the
1273 custody or control of, or under the supervision of, the
1274 Department of Corrections, or is not in the custody of a private
1275 correctional facility.
1276
1277 Any change in the information required to be provided pursuant
1278 to paragraph (b), including, but not limited to, any change in
1279 the sexual offender’s permanent, temporary, or transient
1280 residence; name; electronic mail addresses; Internet identifiers
1281 and each Internet identifier’s corresponding website homepage or
1282 application software name; home telephone numbers and cellular
1283 telephone numbers; employment information; and any change in
1284 status at an institution of higher education after the sexual
1285 offender reports in person at the sheriff’s office must be
1286 reported in the manner provided in subsections (4), (7), and
1287 (8).
1288 (b) Provide his or her name; date of birth; social security
1289 number; race; sex; height; weight; tattoos or other identifying
1290 marks; hair and eye color; tattoos or other identifying marks;
1291 fingerprints; palm prints; photograph; employment information;
1292 address of permanent or legal residence or address of any
1293 current temporary residence, within this the state or out of
1294 state, including a rural route address and a post office box; if
1295 he or she has no permanent or temporary address, any transient
1296 residence within this the state;, address, location or
1297 description, and dates of any current or known future temporary
1298 residence within this the state or out of state; the make,
1299 model, color, vehicle identification number (VIN), and license
1300 tag number of all vehicles owned; home telephone numbers and
1301 cellular telephone numbers; electronic mail addresses; Internet
1302 identifiers and each Internet identifier’s corresponding website
1303 homepage or application software name; date and place of each
1304 conviction; and a brief description of the crime or crimes
1305 committed by the offender. A post office box may not be provided
1306 in lieu of a physical residential address. The sexual offender
1307 shall also produce his or her passport, if he or she has a
1308 passport, and, if he or she is an alien, shall produce or
1309 provide information about documents establishing his or her
1310 immigration status. The sexual offender shall also provide
1311 information about any professional licenses he or she has.
1312 1. If the sexual offender’s place of residence is a motor
1313 vehicle, trailer, mobile home, or manufactured home, as those
1314 terms are defined in chapter 320, the sexual offender shall also
1315 provide to the department through the sheriff’s office written
1316 notice of the vehicle identification number (VIN); the license
1317 tag number; the registration number; and a description,
1318 including color scheme, of the motor vehicle, trailer, mobile
1319 home, or manufactured home. If the sexual offender’s place of
1320 residence is a vessel, live-aboard vessel, or houseboat, as
1321 those terms are defined in chapter 327, the sexual offender
1322 shall also provide to the department written notice of the hull
1323 identification number; the manufacturer’s serial number; the
1324 name of the vessel, live-aboard vessel, or houseboat; the
1325 registration number of the vessel, live-aboard vessel, or
1326 houseboat; and a description, including color scheme, of the
1327 vessel, live-aboard vessel, or houseboat.
1328 2. If the sexual offender is enrolled or employed, whether
1329 for compensation or as a volunteer, at an institution of higher
1330 education in this state, the sexual offender shall also provide
1331 to the department the name, address, and county of each
1332 institution, including each campus attended, and the sexual
1333 offender’s enrollment, volunteer, or employment status. The
1334 sheriff, the Department of Corrections, or the Department of
1335 Juvenile Justice shall promptly notify each institution of
1336 higher education of the sexual offender’s presence and any
1337 change in the sexual offender’s enrollment, volunteer, or
1338 employment status.
1339 3. A sexual offender shall report with the department
1340 through the department’s online system or in person to the
1341 sheriff’s office within 48 hours after any change in vehicles
1342 owned to report those vehicle information changes.
1343 (c) Provide any other information determined necessary by
1344 the department, including criminal and corrections records;
1345 nonprivileged personnel and treatment records; and evidentiary
1346 genetic markers, when available.
1347
1348 When a sexual offender reports at the sheriff’s office, the
1349 sheriff shall take a photograph, a set of fingerprints, and palm
1350 prints of the offender and forward the photographs, palm prints,
1351 and fingerprints to the department, along with the information
1352 provided by the sexual offender is required to provide pursuant
1353 to this section. The sheriff shall promptly provide to the
1354 department the information received from the sexual offender.
1355 (3) Within 48 hours after the report required under
1356 subsection (2), a sexual offender shall report in person at a
1357 driver license office of the Department of Highway Safety and
1358 Motor Vehicles, unless a driver license or identification card
1359 that complies with the requirements of s. 322.141(3) was
1360 previously secured or updated under s. 944.607. At the driver
1361 license office the sexual offender shall:
1362 (a) If otherwise qualified, secure a Florida driver
1363 license, renew a Florida driver license, or secure an
1364 identification card. The sexual offender shall identify himself
1365 or herself as a sexual offender who is required to comply with
1366 this section and shall provide proof that the sexual offender
1367 reported as required in subsection (2). The sexual offender
1368 shall provide any of the information specified in subsection
1369 (2), if requested. The sexual offender shall submit to the
1370 taking of a photograph for use in issuing a driver license,
1371 renewed license, or identification card, and for use by the
1372 department in maintaining current records of sexual offenders.
1373 (b) Pay the costs assessed by the Department of Highway
1374 Safety and Motor Vehicles for issuing or renewing a driver
1375 license or identification card as required by this section. The
1376 driver license or identification card issued must be in
1377 compliance with s. 322.141(3).
1378 (c) Provide, upon request, any additional information
1379 necessary to confirm the identity of the sexual offender,
1380 including a set of fingerprints.
1381 (4)(a) Each time a sexual offender’s driver license or
1382 identification card is subject to renewal, and, without regard
1383 to the status of the offender’s driver license or identification
1384 card, within 48 hours after any change in the offender’s
1385 permanent, temporary, or transient residence or change in the
1386 offender’s name by reason of marriage or other legal process,
1387 the offender shall report in person to a driver license office,
1388 and is subject to the requirements specified in subsection (3).
1389 The Department of Highway Safety and Motor Vehicles shall
1390 forward to the department all photographs and information
1391 provided by sexual offenders. Notwithstanding the restrictions
1392 set forth in s. 322.142, the Department of Highway Safety and
1393 Motor Vehicles may release a reproduction of a color-photograph
1394 or digital-image license to the Department of Law Enforcement
1395 for purposes of public notification of sexual offenders as
1396 provided in this section and ss. 943.043 and 944.606. A sexual
1397 offender who is unable to secure or update a driver license or
1398 an identification card with the Department of Highway Safety and
1399 Motor Vehicles as provided in subsection (3) and this subsection
1400 shall also report any change in the sexual offender’s permanent,
1401 temporary, or transient residence or change in the offender’s
1402 name by reason of marriage or other legal process within 48
1403 hours after the change to the sheriff’s office in the county
1404 where the offender resides or is located and provide
1405 confirmation that he or she reported such information to the
1406 Department of Highway Safety and Motor Vehicles. The reporting
1407 requirements under this paragraph do not negate the requirement
1408 for a sexual offender to obtain a Florida driver license or an
1409 identification card as required in this section.
1410 (b)1. A sexual offender who vacates a permanent, temporary,
1411 or transient residence and fails to establish or maintain
1412 another permanent, temporary, or transient residence shall,
1413 within 48 hours after vacating the permanent, temporary, or
1414 transient residence, report in person to the sheriff’s office of
1415 the county in which he or she is located. The sexual offender
1416 shall specify the date upon which he or she intends to or did
1417 vacate such residence. The sexual offender must provide or
1418 update all of the registration information required under
1419 paragraph (2)(b). The sexual offender must provide an address
1420 for the residence or other place where that he or she is or will
1421 be located during the time in which he or she fails to establish
1422 or maintain a permanent or temporary residence.
1423 2. A sexual offender shall report in person at the
1424 sheriff’s office in the county in which he or she is located
1425 within 48 hours after establishing a transient residence and
1426 thereafter must report in person every 30 days to the sheriff’s
1427 office in the county in which he or she is located while
1428 maintaining a transient residence. The sexual offender must
1429 provide the addresses and locations where he or she maintains a
1430 transient residence. Each sheriff’s office shall report
1431 establish procedures for reporting transient residence
1432 information in a manner prescribed by the department and provide
1433 notice to transient registrants to report transient residence
1434 information as required in this subparagraph. Reporting to the
1435 sheriff’s office as required by this subparagraph does not
1436 exempt registrants from any reregistration requirement. The
1437 sheriff may coordinate and enter into agreements with police
1438 departments and other governmental entities to facilitate
1439 additional reporting sites for transient residence registration
1440 required in this subparagraph. The sheriff’s office shall,
1441 within 2 business days, electronically submit to and update with
1442 the department all such information within 2 business days after
1443 provided by the sexual offender provides it to the sheriff’s
1444 office department.
1445 (c) A sexual offender who remains at a permanent,
1446 temporary, or transient residence after reporting his or her
1447 intent to vacate such residence shall, within 48 hours after the
1448 date upon which the offender indicated he or she would or did
1449 vacate such residence, report in person to the agency to which
1450 he or she reported pursuant to paragraph (b) for the purpose of
1451 reporting his or her address at such residence. When the sheriff
1452 receives the report, the sheriff shall promptly convey the
1453 information to the department. A sexual An offender who makes a
1454 report as required under paragraph (b) but fails to make a
1455 report as required under this paragraph commits a felony of the
1456 second degree, punishable as provided in s. 775.082, s. 775.083,
1457 or s. 775.084.
1458 (d) The failure of a sexual offender who maintains a
1459 transient residence to report in person to the sheriff’s office
1460 every 30 days as required in subparagraph (b)2. is punishable as
1461 provided in subsection (9).
1462 (e)1. A sexual offender shall register all electronic mail
1463 addresses and Internet identifiers, and each Internet
1464 identifier’s corresponding website homepage or application
1465 software name, with the department through the department’s
1466 online system or in person at the sheriff’s office within 48
1467 hours after using such electronic mail addresses or and Internet
1468 identifiers. If the sexual offender is in the custody or
1469 control, or under the supervision, of the Department of
1470 Corrections, he or she must report all electronic mail addresses
1471 and Internet identifiers, and each Internet identifier’s
1472 corresponding website homepage or application software name, to
1473 the Department of Corrections before using such electronic mail
1474 addresses or Internet identifiers. If the sexual offender is in
1475 the custody or control, or under the supervision, of the
1476 Department of Juvenile Justice, he or she must report all
1477 electronic mail addresses and Internet identifiers, and each
1478 Internet identifier’s corresponding website homepage or
1479 application software name, to the Department of Juvenile Justice
1480 before using such electronic mail addresses or Internet
1481 identifiers.
1482 2. A sexual offender shall register all changes to vehicles
1483 owned, all changes to home telephone numbers and cellular
1484 telephone numbers, including added and deleted numbers, all
1485 changes to employment information, and all changes in status
1486 related to enrollment, volunteering, or employment at
1487 institutions of higher education, through the department’s
1488 online system; in person at the sheriff’s office; in person at
1489 the Department of Corrections if the sexual offender is in the
1490 custody or control, or under the supervision, of the Department
1491 of Corrections; or in person at the Department of Juvenile
1492 Justice if the sexual offender is in the custody or control, or
1493 under the supervision, of the Department of Juvenile Justice.
1494 All changes required to be reported under this subparagraph must
1495 be reported within 48 hours after the change.
1496 3. The department shall establish an online system through
1497 which sexual offenders may securely access, submit, and update
1498 all changes in status to vehicles owned; electronic mail
1499 addresses; Internet identifiers and each Internet identifier’s
1500 corresponding website homepage or application software name;
1501 home telephone numbers and cellular telephone numbers;
1502 employment information; and institution of higher education
1503 information.
1504 (f) If the sexual offender is in the custody of a local
1505 jail, the custodian of the local jail shall register the sexual
1506 offender within 3 business days after intake of the sexual
1507 offender for any reason and upon release, and shall forward the
1508 registration information to the department. The custodian of the
1509 local jail shall also take a digitized photograph of the sexual
1510 offender while the sexual offender remains in custody and shall
1511 provide the digitized photograph to the department. The
1512 custodian shall notify the department if the sexual offender
1513 escapes from custody or dies.
1514 (5) This section does not apply to a sexual offender who is
1515 also a sexual predator, as defined in s. 775.21. A sexual
1516 predator must register as required under s. 775.21.
1517 (6) County and local law enforcement agencies, in
1518 conjunction with the department, shall verify the addresses of
1519 sexual offenders who are not under the care, custody, control,
1520 or supervision of the Department of Corrections, and may verify
1521 the addresses of sexual offenders who are under the care,
1522 custody, control, or supervision of the Department of
1523 Corrections, in a manner that is consistent with the provisions
1524 of the federal Adam Walsh Child Protection and Safety Act of
1525 2006 and any other federal standards applicable to such
1526 verification or required to be met as a condition for the
1527 receipt of federal funds by the state. Local law enforcement
1528 agencies shall report to the department any failure by a sexual
1529 offender to comply with registration requirements.
1530 (7) A sexual offender who intends to establish a permanent,
1531 temporary, or transient residence in another state or
1532 jurisdiction other than the State of Florida shall report in
1533 person to the sheriff of the county of current residence at
1534 least within 48 hours before the date he or she intends to leave
1535 this state to establish residence in another state or
1536 jurisdiction or at least 21 days before the date he or she
1537 intends to travel if the intended residence of 5 days or more is
1538 outside of the United States. Any travel that is not known by
1539 the sexual offender 48 hours before he or she intends to
1540 establish a residence in another state or jurisdiction, or 21
1541 days before the departure date for travel outside of the United
1542 States, must be reported in person to the sheriff’s office as
1543 soon as possible before departure. The sexual offender shall
1544 provide to the sheriff the address, municipality, county, state,
1545 and country of intended residence. For international travel, the
1546 sexual offender shall also provide travel information,
1547 including, but not limited to, expected departure and return
1548 dates, flight number, airport of departure, cruise port of
1549 departure, or any other means of intended travel. The sheriff
1550 shall promptly provide to the department the information
1551 received from the sexual offender. The department shall notify
1552 the statewide law enforcement agency, or a comparable agency, in
1553 the intended state, jurisdiction, or country of residence or the
1554 intended country of travel of the sexual offender’s intended
1555 residence or intended travel. The failure of a sexual offender
1556 to provide his or her intended place of residence or intended
1557 travel is punishable as provided in subsection (9).
1558 (8) A sexual offender who indicates his or her intent to
1559 establish a permanent, temporary, or transient residence in
1560 another state, a jurisdiction other than the State of Florida,
1561 or intent to travel to another country and later decides to
1562 remain in this state shall, within 48 hours after the date upon
1563 which the sexual offender indicated he or she would leave this
1564 state, report in person to the sheriff’s office sheriff to which
1565 the sexual offender reported the intended change of permanent,
1566 temporary, or transient residence or intended international
1567 travel, and report his or her intent to remain in this state.
1568 The sheriff shall promptly report this information to the
1569 department. A sexual offender who reports his or her intent to
1570 establish a permanent, temporary, or transient residence in
1571 another state, a jurisdiction other than the State of Florida,
1572 or intent to travel to another country, but who remains in this
1573 state without reporting to the sheriff in the manner required by
1574 this subsection commits a felony of the second degree,
1575 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1576 (9)(a) Except as otherwise specifically provided, a sexual
1577 offender who fails to register; who fails, after registration,
1578 to maintain, acquire, or renew a driver license or an
1579 identification card; who fails to provide required location
1580 information or change-of-name information; who fails to provide
1581 electronic mail addresses, Internet identifiers, and each
1582 Internet identifier’s corresponding website homepage or
1583 application software name; who fails to provide all home
1584 telephone numbers and cellular telephone numbers; who fails to
1585 report any changes to employment information or changes in
1586 status at an institution of higher education; who fails to
1587 report any changes to vehicles owned, including the addition of
1588 new vehicles and changes to the make, model, color, vehicle
1589 identification number (VIN), and license tag numbers of
1590 previously reported vehicles; who fails to make a required
1591 report in connection with vacating a permanent residence; who
1592 fails to reregister as required; who fails to respond to any
1593 address verification correspondence from the department or from
1594 county or local law enforcement agencies within 3 weeks after
1595 the date of the correspondence; who knowingly provides false
1596 registration information by act or omission; or who otherwise
1597 fails, by act or omission, to A sexual offender who does not
1598 comply with the requirements of this section commits a felony of
1599 the third degree, punishable as provided in s. 775.082, s.
1600 775.083, or s. 775.084. Each instance of a failure to register
1601 or report changes to the required information specified in this
1602 paragraph constitutes a separate offense.
1603 (b) For a felony violation of this section, excluding
1604 subsection (13), committed on or after July 1, 2018, if the
1605 court does not impose a prison sentence, the court shall impose
1606 a mandatory minimum term of community control, as defined in s.
1607 948.001, as follows:
1608 1. For a first offense, a mandatory minimum term of 6
1609 months with electronic monitoring.
1610 2. For a second offense, a mandatory minimum term of 1 year
1611 with electronic monitoring.
1612 3. For a third or subsequent offense, a mandatory minimum
1613 term of 2 years with electronic monitoring.
1614 (c) A sexual offender who commits any act or omission in
1615 violation of this section may be prosecuted for the act or
1616 omission in the county in which the act or omission was
1617 committed, in the county of the last registered address of the
1618 sexual offender, in the county in which the conviction occurred
1619 for the offense or offenses that meet the criteria for
1620 designating a person as a sexual offender, in the county where
1621 the sexual offender was released from incarceration, or in the
1622 county of the intended address of the sexual offender as
1623 reported by the offender prior to his or her release from
1624 incarceration.
1625 (d) An arrest on charges of failure to register when the
1626 offender has been provided and advised of his or her statutory
1627 obligations to register under subsection (2), the service of an
1628 information or a complaint for a violation of this section, or
1629 an arraignment on charges for a violation of this section
1630 constitutes actual notice of the duty to register. A sexual
1631 offender’s failure to immediately register as required by this
1632 section following such arrest, service, or arraignment
1633 constitutes grounds for a subsequent charge of failure to
1634 register. A sexual offender charged with the crime of failure to
1635 register who asserts, or intends to assert, a lack of notice of
1636 the duty to register as a defense to a charge of failure to
1637 register shall immediately register as required by this section.
1638 A sexual offender who is charged with a subsequent failure to
1639 register may not assert the defense of a lack of notice of the
1640 duty to register. Registration following such arrest, service,
1641 or arraignment is not a defense and does not relieve the sexual
1642 offender of criminal liability for the failure to register.
1643 (10) The department, the Department of Highway Safety and
1644 Motor Vehicles, the Department of Corrections, the Department of
1645 Juvenile Justice, any law enforcement agency in this state, and
1646 the personnel of those departments; an elected or appointed
1647 official, public employee, or school administrator; or an
1648 employee, agency, or any individual or entity acting at the
1649 request or upon the direction of any law enforcement agency is
1650 immune from civil liability for damages for good faith
1651 compliance with the requirements of this section or for the
1652 release of information under this section, and shall be presumed
1653 to have acted in good faith in compiling, recording, reporting,
1654 or releasing the information. The presumption of good faith is
1655 not overcome if a technical or clerical error is made by the
1656 department, the Department of Highway Safety and Motor Vehicles,
1657 the Department of Corrections, the Department of Juvenile
1658 Justice, the personnel of those departments, or any individual
1659 or entity acting at the request or upon the direction of any of
1660 those departments in compiling or providing information, or if
1661 information is incomplete or incorrect because a sexual offender
1662 fails to report or falsely reports his or her current place of
1663 permanent, temporary, or transient residence.
1664 (11) Except as provided in s. 943.04354, a sexual offender
1665 shall maintain registration with the department for the duration
1666 of his or her life unless the sexual offender has received a
1667 full pardon or has had a conviction set aside in a
1668 postconviction proceeding for any offense that meets the
1669 criteria for classifying the person as a sexual offender for
1670 purposes of registration. However, a sexual offender shall be
1671 considered for removal of the requirement to register as a
1672 sexual offender only if the person:
1673 (a)1. Has been lawfully released from confinement,
1674 supervision, or sanction, whichever is later, for at least 25
1675 years and has not been arrested for any felony or misdemeanor
1676 offense since release, provided that the sexual offender’s
1677 requirement to register was not based upon an adult conviction:
1678 a. For a violation of s. 787.01 or s. 787.02;
1679 b. For a violation of s. 794.011, excluding s. 794.011(10);
1680 c. For a violation of s. 800.04(4)(a)2. where the court
1681 finds the offense involved a victim under 12 years of age or
1682 sexual activity by the use of force or coercion;
1683 d. For a violation of s. 800.04(5)(b);
1684 e. For a violation of s. 800.04(5)(c)2. where the court
1685 finds the offense involved the use of force or coercion and
1686 unclothed genitals or genital area;
1687 f. For a violation of s. 825.1025(2)(a);
1688 g. For any attempt or conspiracy to commit any such
1689 offense;
1690 h. For a violation of similar law of another jurisdiction;
1691 or
1692 i. For a violation of a similar offense committed in this
1693 state which has been redesignated from a former statute number
1694 to one of those listed in this subparagraph.
1695 2. If the sexual offender meets the criteria in
1696 subparagraph 1., the sexual offender may, for the purpose of
1697 removing the requirement for registration as a sexual offender,
1698 petition the criminal division of the circuit court of the
1699 circuit:
1700 a. Where the conviction or adjudication occurred, for a
1701 conviction in this state;
1702 b. Where the sexual offender resides, for a conviction of a
1703 violation of similar law of another jurisdiction; or
1704 c. Where the sexual offender last resided, for a sexual
1705 offender with a conviction of a violation of similar law of
1706 another jurisdiction who no longer resides in this state.
1707 3. The court may grant or deny relief if the offender
1708 demonstrates to the court that he or she has not been arrested
1709 for any crime since release; the requested relief complies with
1710 the federal Adam Walsh Child Protection and Safety Act of 2006
1711 and any other federal standards applicable to the removal of
1712 registration requirements for a sexual offender or required to
1713 be met as a condition for the receipt of federal funds by the
1714 state; and the court is otherwise satisfied that the offender is
1715 not a current or potential threat to public safety. The
1716 department and the state attorney in the circuit in which the
1717 petition is filed must be given notice of the petition at least
1718 3 weeks before the hearing on the matter. The department and the
1719 state attorney may present evidence in opposition to the
1720 requested relief or may otherwise demonstrate the reasons why
1721 the petition should be denied. If the court denies the petition,
1722 the court may set a future date at which the sexual offender may
1723 again petition the court for relief, subject to the standards
1724 for relief provided in this subsection.
1725 4. The department shall remove an offender from
1726 classification as a sexual offender for purposes of registration
1727 if the offender provides to the department a certified copy of
1728 the court’s written findings or order that indicates that the
1729 offender is no longer required to comply with the requirements
1730 for registration as a sexual offender.
1731 5. To qualify for removal of the registration requirements
1732 under this paragraph, the sexual offender must establish the
1733 requisite criteria to be considered for removal and establish
1734 that they do not meet the criteria for registration under any
1735 other sub-subparagraph under subparagraph (1)(h)1.
1736 (b) Maintains As defined in sub-subparagraph (1)(h)1.b.
1737 must maintain registration with the department as described in
1738 sub-subparagraph (1)(h)1.b. for the duration of his or her life
1739 until the person provides the department with an order issued by
1740 the court that designated the person as a sexual predator, as a
1741 sexually violent predator, or any other by another sexual
1742 offender designation in the state or jurisdiction in which the
1743 order was issued which states that such designation has been
1744 removed or demonstrates to the department that such designation,
1745 if not imposed by a court, has been removed by operation of law
1746 or court order in the state or jurisdiction in which the
1747 designation was made, and provided that such person no longer
1748 meets the criteria for registration as a sexual offender under
1749 the laws of this state. To qualify for removal of the
1750 registration requirements under this paragraph, a sexual
1751 offender described in sub-subparagraph (1)(h)1.b. must establish
1752 that his or her designation has been removed and establish that
1753 he or she does not meet the criteria for registration under any
1754 other sub-subparagraph under subparagraph (1)(h)1.
1755 (12) The Legislature finds that sexual offenders,
1756 especially those who have committed offenses against minors,
1757 often pose a high risk of engaging in sexual offenses even after
1758 being released from incarceration or commitment and that
1759 protection of the public from sexual offenders is a paramount
1760 government interest. Sexual offenders have a reduced expectation
1761 of privacy because of the public’s interest in public safety and
1762 in the effective operation of government. Releasing information
1763 concerning sexual offenders to law enforcement agencies and to
1764 persons who request such information, and the release of such
1765 information to the public by a law enforcement agency or public
1766 agency, will further the governmental interests of public
1767 safety. The designation of a person as a sexual offender is not
1768 a sentence or a punishment but is simply the status of the
1769 offender which is the result of a conviction for having
1770 committed certain crimes.
1771 (13) Any person who has reason to believe that a sexual
1772 offender is not complying, or has not complied, with the
1773 requirements of this section and who, with the intent to assist
1774 the sexual offender in eluding a law enforcement agency that is
1775 seeking to find the sexual offender to question the sexual
1776 offender about, or to arrest the sexual offender for, his or her
1777 noncompliance with the requirements of this section:
1778 (a) Withholds information from, or does not notify, the law
1779 enforcement agency about the sexual offender’s noncompliance
1780 with the requirements of this section, and, if known, the
1781 whereabouts of the sexual offender;
1782 (b) Harbors, or attempts to harbor, or assists another
1783 person in harboring or attempting to harbor, the sexual
1784 offender; or
1785 (c) Conceals or attempts to conceal, or assists another
1786 person in concealing or attempting to conceal, the sexual
1787 offender; or
1788 (d) Provides information to the law enforcement agency
1789 regarding the sexual offender that the person knows to be false
1790 information,
1791
1792 commits a felony of the third degree, punishable as provided in
1793 s. 775.082, s. 775.083, or s. 775.084.
1794 (14)(a) A sexual offender must report in person each year
1795 during the month of the sexual offender’s birthday and during
1796 the sixth month following the sexual offender’s birth month to
1797 the sheriff’s office in the county in which he or she resides or
1798 is otherwise located to reregister.
1799 (b) However, a sexual offender who is required to register
1800 as a result of a conviction for:
1801 1. Section 787.01 or s. 787.02 where the victim is a minor;
1802 2. Section 794.011, excluding s. 794.011(10);
1803 3. Section 800.04(4)(a)2. where the court finds the offense
1804 involved a victim under 12 years of age or sexual activity by
1805 the use of force or coercion;
1806 4. Section 800.04(5)(b);
1807 5. Section 800.04(5)(c)1. where the court finds molestation
1808 involving unclothed genitals or genital area;
1809 6. Section 800.04(5)(c)2. where the court finds molestation
1810 involving the use of force or coercion and unclothed genitals or
1811 genital area;
1812 7. Section 800.04(5)(d) where the court finds the use of
1813 force or coercion and unclothed genitals or genital area;
1814 8. Section 825.1025(2)(a);
1815 9. Any attempt or conspiracy to commit such offense;
1816 10. A violation of a similar law of another jurisdiction;
1817 or
1818 11. A violation of a similar offense committed in this
1819 state which has been redesignated from a former statute number
1820 to one of those listed in this paragraph,
1821
1822 must reregister each year during the month of the sexual
1823 offender’s birthday and every third month thereafter.
1824 (c) The sheriff’s office may determine the appropriate
1825 times and days for reporting by the sexual offender, which must
1826 be consistent with the reporting requirements of this
1827 subsection. Reregistration must include any changes to the
1828 following information:
1829 1. Name; social security number; age; race; sex; date of
1830 birth; height; weight; tattoos or other identifying marks; hair
1831 and eye color; address of any permanent residence and address of
1832 any current temporary residence, within this the state or out of
1833 state, including a rural route address and a post office box; if
1834 he or she has no permanent or temporary address, any transient
1835 residence within this the state; address, location or
1836 description, and dates of any current or known future temporary
1837 residence within this the state or out of state; all electronic
1838 mail addresses or Internet identifiers and each Internet
1839 identifier’s corresponding website homepage or application
1840 software name; all home telephone numbers and cellular telephone
1841 numbers; employment information; the make, model, color, vehicle
1842 identification number (VIN), and license tag number of all
1843 vehicles owned; fingerprints; palm prints; and photograph. A
1844 post office box may not be provided in lieu of a physical
1845 residential address. The sexual offender shall also produce his
1846 or her passport, if he or she has a passport, and, if he or she
1847 is an alien, shall produce or provide information about
1848 documents establishing his or her immigration status. The sexual
1849 offender shall also provide information about any professional
1850 licenses he or she has.
1851 2. If the sexual offender is enrolled or employed, whether
1852 for compensation or as a volunteer, at an institution of higher
1853 education in this state, the sexual offender shall also provide
1854 to the department the name, address, and county of each
1855 institution, including each campus attended, and the sexual
1856 offender’s enrollment, volunteer, or employment status.
1857 3. If the sexual offender’s place of residence is a motor
1858 vehicle, trailer, mobile home, or manufactured home, as those
1859 terms are defined in chapter 320, the sexual offender shall also
1860 provide the vehicle identification number (VIN); the license tag
1861 number; the registration number; and a description, including
1862 color scheme, of the motor vehicle, trailer, mobile home, or
1863 manufactured home. If the sexual offender’s place of residence
1864 is a vessel, live-aboard vessel, or houseboat, as those terms
1865 are defined in chapter 327, the sexual offender shall also
1866 provide the hull identification number; the manufacturer’s
1867 serial number; the name of the vessel, live-aboard vessel, or
1868 houseboat; the registration number of the vessel, live-aboard
1869 vessel, or houseboat; and a description, including color scheme,
1870 of the vessel, live-aboard vessel, or houseboat.
1871 4. Any sexual offender who fails to report in person as
1872 required at the sheriff’s office, who fails to respond to any
1873 address verification correspondence from the department within 3
1874 weeks of the date of the correspondence, who fails to report all
1875 electronic mail addresses and all Internet identifiers, and each
1876 Internet identifier’s corresponding website homepage or
1877 application software name, or who knowingly provides false
1878 registration information by act or omission commits a felony of
1879 the third degree, punishable as provided in s. 775.082, s.
1880 775.083, or s. 775.084.
1881 (d) The sheriff’s office shall, within 2 working days,
1882 electronically submit to and update with the department, in a
1883 manner prescribed by the department, all such information within
1884 2 business days after provided by the sexual offender provides
1885 it to the sheriff’s office department in a manner prescribed by
1886 the department.
1887 Section 3. For the purpose of incorporating the amendment
1888 made by this act to section 775.21, Florida Statutes, in a
1889 reference thereto, paragraph (d) of subsection (1) of section
1890 944.606, Florida Statutes, is reenacted to read:
1891 944.606 Sexual offenders; notification upon release.—
1892 (1) As used in this section, the term:
1893 (d) “Permanent residence,” “temporary residence,” and
1894 “transient residence” have the same meaning as provided in s.
1895 775.21.
1896 Section 4. For the purpose of incorporating the amendment
1897 made by this act to section 943.0435, Florida Statutes, in a
1898 reference thereto, paragraph (b) of subsection (1) of section
1899 1012.467, Florida Statutes, is reenacted to read:
1900 1012.467 Noninstructional contractors who are permitted
1901 access to school grounds when students are present; background
1902 screening requirements.—
1903 (1) As used in this section, the term:
1904 (b) “Convicted” has the same meaning as in s. 943.0435.
1905 Section 5. For the purpose of incorporating the amendments
1906 made by this act to sections 775.21 and 943.0435, Florida
1907 Statutes, in references thereto, subsection (4) of section
1908 320.02, Florida Statutes, is reenacted to read:
1909 320.02 Registration required; application for registration;
1910 forms.—
1911 (4) Except as provided in ss. 775.21, 775.261, 943.0435,
1912 944.607, and 985.4815, the owner of any motor vehicle registered
1913 in the state shall notify the department in writing of any
1914 change of address within 30 days of such change. The
1915 notification shall include the registration license plate
1916 number, the vehicle identification number (VIN) or title
1917 certificate number, year of vehicle make, and the owner’s full
1918 name.
1919 Section 6. For the purpose of incorporating the amendments
1920 made by this act to sections 775.21 and 943.0435, Florida
1921 Statutes, in references thereto, section 775.25, Florida
1922 Statutes, is reenacted to read:
1923 775.25 Prosecutions for acts or omissions.—A sexual
1924 predator or sexual offender who commits any act or omission in
1925 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
1926 944.607, or former s. 947.177 may be prosecuted for the act or
1927 omission in the county in which the act or omission was
1928 committed, in the county of the last registered address of the
1929 sexual predator or sexual offender, in the county in which the
1930 conviction occurred for the offense or offenses that meet the
1931 criteria for designating a person as a sexual predator or sexual
1932 offender, in the county where the sexual predator or sexual
1933 offender was released from incarceration, or in the county of
1934 the intended address of the sexual predator or sexual offender
1935 as reported by the predator or offender prior to his or her
1936 release from incarceration. In addition, a sexual predator may
1937 be prosecuted for any such act or omission in the county in
1938 which he or she was designated a sexual predator.
1939 Section 7. For the purpose of incorporating the amendments
1940 made by this act to sections 775.21 and 943.0435, Florida
1941 Statutes, in references thereto, subsection (1) of section
1942 938.10, Florida Statutes, is reenacted to read:
1943 938.10 Additional court cost imposed in cases of certain
1944 crimes.—
1945 (1) If a person pleads guilty or nolo contendere to, or is
1946 found guilty of, regardless of adjudication, any offense against
1947 a minor in violation of s. 784.085, chapter 787, chapter 794,
1948 former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
1949 847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
1950 s. 893.147(3), or s. 985.701, or any offense in violation of s.
1951 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
1952 court shall impose a court cost of $151 against the offender in
1953 addition to any other cost or penalty required by law.
1954 Section 8. For the purpose of incorporating the amendments
1955 made by this act to sections 775.21 and 943.0435, Florida
1956 Statutes, in references thereto, paragraph (a) of subsection (4)
1957 and subsection (9) of section 944.607, Florida Statutes, are
1958 reenacted to read:
1959 944.607 Notification to Department of Law Enforcement of
1960 information on sexual offenders.—
1961 (4) A sexual offender, as described in this section, who is
1962 under the supervision of the Department of Corrections but is
1963 not incarcerated shall register with the Department of
1964 Corrections within 3 business days after sentencing for a
1965 registrable offense and otherwise provide information as
1966 required by this subsection.
1967 (a) The sexual offender shall provide his or her name; date
1968 of birth; social security number; race; sex; height; weight;
1969 hair and eye color; tattoos or other identifying marks; all
1970 electronic mail addresses and Internet identifiers required to
1971 be provided pursuant to s. 943.0435(4)(e); employment
1972 information required to be provided pursuant to s.
1973 943.0435(4)(e); all home telephone numbers and cellular
1974 telephone numbers required to be provided pursuant to s.
1975 943.0435(4)(e); the make, model, color, vehicle identification
1976 number (VIN), and license tag number of all vehicles owned;
1977 permanent or legal residence and address of temporary residence
1978 within the state or out of state while the sexual offender is
1979 under supervision in this state, including any rural route
1980 address or post office box; if no permanent or temporary
1981 address, any transient residence within the state; and address,
1982 location or description, and dates of any current or known
1983 future temporary residence within the state or out of state. The
1984 sexual offender shall also produce his or her passport, if he or
1985 she has a passport, and, if he or she is an alien, shall produce
1986 or provide information about documents establishing his or her
1987 immigration status. The sexual offender shall also provide
1988 information about any professional licenses he or she has. The
1989 Department of Corrections shall verify the address of each
1990 sexual offender in the manner described in ss. 775.21 and
1991 943.0435. The department shall report to the Department of Law
1992 Enforcement any failure by a sexual predator or sexual offender
1993 to comply with registration requirements.
1994 (9) A sexual offender, as described in this section, who is
1995 under the supervision of the Department of Corrections but who
1996 is not incarcerated shall, in addition to the registration
1997 requirements provided in subsection (4), register and obtain a
1998 distinctive driver license or identification card in the manner
1999 provided in s. 943.0435(3), (4), and (5), unless the sexual
2000 offender is a sexual predator, in which case he or she shall
2001 register and obtain a distinctive driver license or
2002 identification card as required under s. 775.21. A sexual
2003 offender who fails to comply with the requirements of s.
2004 943.0435 is subject to the penalties provided in s. 943.0435(9).
2005 Section 9. For the purpose of incorporating the amendments
2006 made by this act to sections 775.21 and 943.0435, Florida
2007 Statutes, in references thereto, paragraphs (a) and (d) of
2008 subsection (1) of section 985.481, Florida Statutes, are
2009 reenacted to read:
2010 985.481 Sexual offenders adjudicated delinquent;
2011 notification upon release.—
2012 (1) As used in this section:
2013 (a) “Convicted” has the same meaning as provided in s.
2014 943.0435.
2015 (d) “Permanent residence,” “temporary residence,” and
2016 “transient residence” have the same meaning as provided in s.
2017 775.21.
2018 Section 10. For the purpose of incorporating the amendments
2019 made by this act to sections 775.21 and 943.0435, Florida
2020 Statutes, in references thereto, paragraphs (b) and (f) of
2021 subsection (1) and subsection (9) of section 985.4815, Florida
2022 Statutes, are reenacted to read:
2023 985.4815 Notification to Department of Law Enforcement of
2024 information on juvenile sexual offenders.—
2025 (1) As used in this section, the term:
2026 (b) “Conviction” has the same meaning as provided in s.
2027 943.0435.
2028 (f) “Permanent residence,” “temporary residence,” and
2029 “transient residence” have the same meaning as provided in s.
2030 775.21.
2031 (9) A sexual offender, as described in this section, who is
2032 under the care, jurisdiction, or supervision of the department
2033 but who is not incarcerated shall, in addition to the
2034 registration requirements provided in subsection (4), register
2035 in the manner provided in s. 943.0435(3), (4), and (5), unless
2036 the sexual offender is a sexual predator, in which case he or
2037 she shall register as required under s. 775.21. A sexual
2038 offender who fails to comply with the requirements of s.
2039 943.0435 is subject to the penalties provided in s. 943.0435(9).
2040 Section 11. This act shall take effect July 1, 2024.