Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1890
Barcode 133958
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/12/2011 .
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The Committee on Criminal Justice (Dean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (i) of subsection (2), paragraphs (a),
6 (e), (g), (i), and (j) of subsection (6), paragraph (a) of
7 subsection (8), and paragraph (a) of subsection (10) of section
8 775.21, Florida Statutes, are amended to read:
9 775.21 The Florida Sexual Predators Act.—
10 (2) DEFINITIONS.—As used in this section, the term:
11 (i) “Internet identifier Instant message name” means all
12 electronic mail, chat, instant messenger, social networking, or
13 similar name used for Internet communication, but does not
14 include a date of birth, social security number, or personal
15 identification number (PIN) an identifier that allows a person
16 to communicate in real time with another person using the
17 Internet. Voluntary disclosure by the sexual predator of his or
18 her date of birth, social security number, or personal
19 identification number (PIN) as an Internet identifier waives the
20 disclosure exemption in this paragraph for such personal
21 information.
22 (6) REGISTRATION.—
23 (a) A sexual predator must register with the department
24 through the sheriff’s office by providing the following
25 information to the department:
26 1. Name; social security number; age; race; sex; date of
27 birth; height; weight; hair and eye color; photograph; address
28 of legal residence and address of any current temporary
29 residence, within the state or out of state, including a rural
30 route address and a post office box; if no permanent or
31 temporary address, any transient residence within the state;
32 address, location or description, and dates of any current or
33 known future temporary residence within the state or out of
34 state; all any electronic mail addresses address and all
35 Internet identifiers any instant message name required to be
36 provided pursuant to subparagraph (g)4.; all home telephone
37 numbers number and any cellular telephone numbers number; date
38 and place of any employment; date and place of each conviction;
39 fingerprints; and a brief description of the crime or crimes
40 committed by the offender. A post office box shall not be
41 provided in lieu of a physical residential address. The sexual
42 predator must also produce or provide information about his or
43 her passport, if he or she has a passport, and, if he or she is
44 an alien, must produce or provide information about documents
45 establishing his or her immigration status.
46 a. If the sexual predator’s place of residence is a motor
47 vehicle, trailer, mobile home, or manufactured home, as defined
48 in chapter 320, the sexual predator shall also provide to the
49 department written notice of the vehicle identification number;
50 the license tag number; the registration number; and a
51 description, including color scheme, of the motor vehicle,
52 trailer, mobile home, or manufactured home. If a sexual
53 predator’s place of residence is a vessel, live-aboard vessel,
54 or houseboat, as defined in chapter 327, the sexual predator
55 shall also provide to the department written notice of the hull
56 identification number; the manufacturer’s serial number; the
57 name of the vessel, live-aboard vessel, or houseboat; the
58 registration number; and a description, including color scheme,
59 of the vessel, live-aboard vessel, or houseboat.
60 b. If the sexual predator is enrolled, employed, or
61 carrying on a vocation at an institution of higher education in
62 this state, the sexual predator shall also provide to the
63 department the name, address, and county of each institution,
64 including each campus attended, and the sexual predator’s
65 enrollment or employment status. Each change in enrollment or
66 employment status shall be reported in person at the sheriff’s
67 office, or the Department of Corrections if the sexual predator
68 is in the custody or control of or under the supervision of the
69 Department of Corrections, within 48 hours after any change in
70 status. The sheriff or the Department of Corrections shall
71 promptly notify each institution of the sexual predator’s
72 presence and any change in the sexual predator’s enrollment or
73 employment status.
74 2. Any other information determined necessary by the
75 department, including criminal and corrections records;
76 nonprivileged personnel and treatment records; and evidentiary
77 genetic markers when available.
78 (e)1. If the sexual predator is not in the custody or
79 control of, or under the supervision of, the Department of
80 Corrections or is not in the custody of a private correctional
81 facility, the sexual predator shall register in person:
82 a. At the sheriff’s office in the county where he or she
83 establishes or maintains a residence within 48 hours after
84 establishing or maintaining a residence in this state; and
85 b. At the sheriff’s office in the county where he or she
86 was designated a sexual predator by the court within 48 hours
87 after such finding is made.
88 2. Any change in the sexual predator’s permanent or
89 temporary residence, name, or all any electronic mail addresses
90 address and all Internet identifiers any instant message name
91 required to be provided pursuant to subparagraph (g)4., after
92 the sexual predator registers in person at the sheriff’s office
93 as provided in subparagraph 1., shall be accomplished in the
94 manner provided in paragraphs (g), (i), and (j). When a sexual
95 predator registers with the sheriff’s office, the sheriff shall
96 take a photograph and a set of fingerprints of the predator and
97 forward the photographs and fingerprints to the department,
98 along with the information that the predator is required to
99 provide pursuant to this section.
100 (g)1. Each time a sexual predator’s driver’s license or
101 identification card is subject to renewal, and, without regard
102 to the status of the predator’s driver’s license or
103 identification card, within 48 hours after any change of the
104 predator’s residence or change in the predator’s name by reason
105 of marriage or other legal process, the predator shall report in
106 person to a driver’s license office and shall be subject to the
107 requirements specified in paragraph (f). The Department of
108 Highway Safety and Motor Vehicles shall forward to the
109 department and to the Department of Corrections all photographs
110 and information provided by sexual predators. Notwithstanding
111 the restrictions set forth in s. 322.142, the Department of
112 Highway Safety and Motor Vehicles is authorized to release a
113 reproduction of a color-photograph or digital-image license to
114 the Department of Law Enforcement for purposes of public
115 notification of sexual predators as provided in this section. A
116 sexual predator who is unable to secure or update a driver’s
117 license or identification card with the Department of Highway
118 Safety and Motor Vehicles as provided in s. 943.0435(3) and (4)
119 must also report any change of the predator’s residence or
120 change in the predator’s name by reason of marriage or other
121 legal process within 48 hours after the change to the sheriff’s
122 office in the county where the predator resides or is located
123 and provide confirmation that he or she reported such
124 information to the Department of Highway Safety and Motor
125 Vehicles.
126 2. A sexual predator who vacates a permanent, temporary, or
127 transient residence and fails to establish or maintain another
128 permanent, temporary, or transient residence shall, within 48
129 hours after vacating the permanent, temporary, or transient
130 residence, report in person to the sheriff’s office of the
131 county in which he or she is located. The sexual predator shall
132 specify the date upon which he or she intends to or did vacate
133 such residence. The sexual predator must provide or update all
134 of the registration information required under paragraph (a).
135 The sexual predator must provide an address for the residence or
136 other place that he or she is or will be located during the time
137 in which he or she fails to establish or maintain a permanent or
138 temporary residence.
139 3. A sexual predator who remains at a permanent, temporary,
140 or transient residence after reporting his or her intent to
141 vacate such residence shall, within 48 hours after the date upon
142 which the predator indicated he or she would or did vacate such
143 residence, report in person to the sheriff’s office to which he
144 or she reported pursuant to subparagraph 2. for the purpose of
145 reporting his or her address at such residence. When the sheriff
146 receives the report, the sheriff shall promptly convey the
147 information to the department. An offender who makes a report as
148 required under subparagraph 2. but fails to make a report as
149 required under this subparagraph commits a felony of the second
150 degree, punishable as provided in s. 775.082, s. 775.083, or s.
151 775.084.
152 4. A sexual predator must register all any electronic mail
153 addresses and Internet identifiers address or instant message
154 name with the department prior to using such electronic mail
155 addresses and Internet identifiers address or instant message
156 name on or after October 1, 2007. The department shall establish
157 an online system through which sexual predators may securely
158 access and update all electronic mail address and Internet
159 identifier instant message name information.
160 (i) A sexual predator who intends to establish a permanent,
161 temporary, or transient residence in another state or
162 jurisdiction other than the State of Florida shall report in
163 person to the sheriff of the county of current residence within
164 48 hours before the date he or she intends to leave this state
165 to establish residence in another state or jurisdiction or
166 within 21 days before his or her planned departure date if the
167 intended residence of 7 days or more is outside of the United
168 States. The sexual predator must provide to the sheriff the
169 address, municipality, county, and state, and country of
170 intended residence. The sheriff shall promptly provide to the
171 department the information received from the sexual predator.
172 The department shall notify the statewide law enforcement
173 agency, or a comparable agency, in the intended state, or
174 jurisdiction, or country of residence of the sexual predator’s
175 intended residence. The failure of a sexual predator to provide
176 his or her intended place of residence is punishable as provided
177 in subsection (10).
178 (j) A sexual predator who indicates his or her intent to
179 establish a permanent, temporary, or transient residence in
180 another state, a or jurisdiction other than the State of
181 Florida, or another country and later decides to remain in this
182 state shall, within 48 hours after the date upon which the
183 sexual predator indicated he or she would leave this state,
184 report in person to the sheriff to which the sexual predator
185 reported the intended change of residence, and report his or her
186 intent to remain in this state. If the sheriff is notified by
187 the sexual predator that he or she intends to remain in this
188 state, the sheriff shall promptly report this information to the
189 department. A sexual predator who reports his or her intent to
190 establish a permanent, temporary, or transient residence in
191 another state, a or jurisdiction other than the State of
192 Florida, or another country, but who remains in this state
193 without reporting to the sheriff in the manner required by this
194 paragraph, commits a felony of the second degree, punishable as
195 provided in s. 775.082, s. 775.083, or s. 775.084.
196 (8) VERIFICATION.—The department and the Department of
197 Corrections shall implement a system for verifying the addresses
198 of sexual predators. The system must be consistent with the
199 provisions of the federal Adam Walsh Child Protection and Safety
200 Act of 2006 and any other federal standards applicable to such
201 verification or required to be met as a condition for the
202 receipt of federal funds by the state. The Department of
203 Corrections shall verify the addresses of sexual predators who
204 are not incarcerated but who reside in the community under the
205 supervision of the Department of Corrections and shall report to
206 the department any failure by a sexual predator to comply with
207 registration requirements. County and local law enforcement
208 agencies, in conjunction with the department, shall verify the
209 addresses of sexual predators who are not under the care,
210 custody, control, or supervision of the Department of
211 Corrections. Local law enforcement agencies shall report to the
212 department any failure by a sexual predator to comply with
213 registration requirements.
214 (a) A sexual predator must report in person each year
215 during the month of the sexual predator’s birthday and during
216 every third month thereafter to the sheriff’s office in the
217 county in which he or she resides or is otherwise located to
218 reregister. The sheriff’s office may determine the appropriate
219 times and days for reporting by the sexual predator, which shall
220 be consistent with the reporting requirements of this paragraph.
221 Reregistration shall include any changes to the following
222 information:
223 1. Name; social security number; age; race; sex; date of
224 birth; height; weight; hair and eye color; address of any
225 permanent residence and address of any current temporary
226 residence, within the state or out of state, including a rural
227 route address and a post office box; if no permanent or
228 temporary address, any transient residence within the state;
229 address, location or description, and dates of any current or
230 known future temporary residence within the state or out of
231 state; all any electronic mail addresses address and all
232 Internet identifiers any instant message name required to be
233 provided pursuant to subparagraph (6)(g)4.; all home telephone
234 numbers number and any cellular telephone numbers number; date
235 and place of any employment; vehicle make, model, color, and
236 license tag number; fingerprints; and photograph. A post office
237 box shall not be provided in lieu of a physical residential
238 address.
239 2. If the sexual predator is enrolled, employed, or
240 carrying on a vocation at an institution of higher education in
241 this state, the sexual predator shall also provide to the
242 department the name, address, and county of each institution,
243 including each campus attended, and the sexual predator’s
244 enrollment or employment status.
245 3. If the sexual predator’s place of residence is a motor
246 vehicle, trailer, mobile home, or manufactured home, as defined
247 in chapter 320, the sexual predator shall also provide the
248 vehicle identification number; the license tag number; the
249 registration number; and a description, including color scheme,
250 of the motor vehicle, trailer, mobile home, or manufactured
251 home. If the sexual predator’s place of residence is a vessel,
252 live-aboard vessel, or houseboat, as defined in chapter 327, the
253 sexual predator shall also provide the hull identification
254 number; the manufacturer’s serial number; the name of the
255 vessel, live-aboard vessel, or houseboat; the registration
256 number; and a description, including color scheme, of the
257 vessel, live-aboard vessel, or houseboat.
258 (10) PENALTIES.—
259 (a) Except as otherwise specifically provided, a sexual
260 predator who fails to register; who fails, after registration,
261 to maintain, acquire, or renew a driver’s license or
262 identification card; who fails to provide required location
263 information, electronic mail address information, Internet
264 identifier instant message name information, all home telephone
265 numbers number and any cellular telephone numbers number, or
266 change-of-name information; who fails to make a required report
267 in connection with vacating a permanent residence; who fails to
268 reregister as required; who fails to respond to any address
269 verification correspondence from the department within 3 weeks
270 of the date of the correspondence; or who otherwise fails, by
271 act or omission, to comply with the requirements of this
272 section, commits a felony of the third degree, punishable as
273 provided in s. 775.082, s. 775.083, or s. 775.084.
274 Section 2. Paragraphs (a) and (g) of subsection (1),
275 subsection (2), paragraphs (a) and (d) of subsection (4),
276 subsections (7) and (8), and paragraph (c) of subsection (14) of
277 section 943.0435, Florida Statutes, are amended to read:
278 943.0435 Sexual offenders required to register with the
279 department; penalty.—
280 (1) As used in this section, the term:
281 (a)1. “Sexual offender” means a person who meets the
282 criteria in sub-subparagraph a., sub-subparagraph b., sub
283 subparagraph c., or sub-subparagraph d., as follows:
284 a.(I) Has been convicted of committing, or attempting,
285 soliciting, or conspiring to commit, any of the criminal
286 offenses proscribed in the following statutes in this state or
287 similar offenses in another jurisdiction: s. 787.01, s. 787.02,
288 or s. 787.025(2)(c), where the victim is a minor and the
289 defendant is not the victim’s parent or guardian; s. 794.011,
290 excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
291 800.04; s. 825.1025; s. 826.04 where the victim is a minor and
292 the defendant is 18 years of age or older; s. 827.071; s.
293 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
294 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
295 committed in this state which has been redesignated from a
296 former statute number to one of those listed in this sub-sub
297 subparagraph; and
298 (II) Has been released on or after October 1, 1997, from
299 the sanction imposed for any conviction of an offense described
300 in sub-sub-subparagraph (I). For purposes of sub-sub
301 subparagraph (I), a sanction imposed in this state or in any
302 other jurisdiction includes, but is not limited to, a fine,
303 probation, community control, parole, conditional release,
304 control release, or incarceration in a state prison, federal
305 prison, private correctional facility, or local detention
306 facility;
307 b. Establishes or maintains a residence in this state and
308 who has not been designated as a sexual predator by a court of
309 this state but who has been designated as a sexual predator, as
310 a sexually violent predator, or by another sexual offender
311 designation in another state or jurisdiction and was, as a
312 result of such designation, subjected to registration or
313 community or public notification, or both, or would be if the
314 person were a resident of that state or jurisdiction, without
315 regard to whether the person otherwise meets the criteria for
316 registration as a sexual offender;
317 c. Establishes or maintains a residence in this state who
318 is in the custody or control of, or under the supervision of,
319 any other state or jurisdiction as a result of a conviction for
320 committing, or attempting, soliciting, or conspiring to commit,
321 any of the criminal offenses proscribed in the following
322 statutes or similar offense in another jurisdiction: s. 787.01,
323 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
324 the defendant is not the victim’s parent or guardian; s.
325 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
326 796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
327 minor and the defendant is 18 years of age or older; s. 827.071;
328 s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
329 s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
330 offense committed in this state which has been redesignated from
331 a former statute number to one of those listed in this sub
332 subparagraph; or
333 d. On or after July 1, 2007, has been adjudicated
334 delinquent for committing, or attempting, soliciting, or
335 conspiring to commit, any of the criminal offenses proscribed in
336 the following statutes in this state or similar offenses in
337 another jurisdiction when the juvenile was 14 years of age or
338 older at the time of the offense:
339 (I) Section 794.011, excluding s. 794.011(10);
340 (II) Section 800.04(4)(b) where the victim is under 12
341 years of age or where the court finds sexual activity by the use
342 of force or coercion;
343 (III) Section 800.04(5)(c)1. where the court finds
344 molestation involving unclothed genitals; or
345 (IV) Section 800.04(5)(d) where the court finds the use of
346 force or coercion and unclothed genitals.
347 2. For all qualifying offenses listed in sub-subparagraph
348 (1)(a)1.d., the court shall make a written finding of the age of
349 the offender at the time of the offense.
350
351 For each violation of a qualifying offense listed in this
352 subsection, the court shall make a written finding of the age of
353 the victim at the time of the offense. For a violation of s.
354 800.04(4), the court shall additionally make a written finding
355 indicating that the offense did or did not involve sexual
356 activity and indicating that the offense did or did not involve
357 force or coercion. For a violation of s. 800.04(5), the court
358 shall additionally make a written finding that the offense did
359 or did not involve unclothed genitals or genital area and that
360 the offense did or did not involve the use of force or coercion.
361 (g) “Internet identifier Instant message name” has the same
362 meaning as provided in s. 775.21 means an identifier that allows
363 a person to communicate in real time with another person using
364 the Internet.
365 (2) A sexual offender shall:
366 (a) Report in person at the sheriff’s office:
367 1. In the county in which the offender establishes or
368 maintains a permanent, temporary, or transient residence within
369 48 hours after:
370 a. Establishing permanent, temporary, or transient
371 residence in this state; or
372 b. Being released from the custody, control, or supervision
373 of the Department of Corrections or from the custody of a
374 private correctional facility; or
375 2. In the county where he or she was convicted within 48
376 hours after being convicted for a qualifying offense for
377 registration under this section if the offender is not in the
378 custody or control of, or under the supervision of, the
379 Department of Corrections, or is not in the custody of a private
380 correctional facility.
381
382 Any change in the information required to be provided pursuant
383 to paragraph (b), including, but not limited to, any change in
384 the sexual offender’s permanent, temporary, or transient
385 residence, name, all any electronic mail addresses address and
386 all Internet identifiers any instant message name required to be
387 provided pursuant to paragraph (4)(d), after the sexual offender
388 reports in person at the sheriff’s office, shall be accomplished
389 in the manner provided in subsections (4), (7), and (8).
390 (b) Provide his or her name; date of birth; social security
391 number; race; sex; height; weight; hair and eye color; tattoos
392 or other identifying marks; occupation and place of employment;
393 address of permanent or legal residence or address of any
394 current temporary residence, within the state or out of state,
395 including a rural route address and a post office box; if no
396 permanent or temporary address, any transient residence within
397 the state, address, location or description, and dates of any
398 current or known future temporary residence within the state or
399 out of state; all home telephone numbers number and any cellular
400 telephone numbers number; all any electronic mail addresses
401 address and all Internet identifiers any instant message name
402 required to be provided pursuant to paragraph (4)(d); date and
403 place of each conviction; and a brief description of the crime
404 or crimes committed by the offender. A post office box shall not
405 be provided in lieu of a physical residential address. The
406 sexual offender must also produce or provide information about
407 his or her passport, if he or she has a passport, and, if he or
408 she is an alien, must produce or provide information about
409 documents establishing his or her immigration status.
410 1. If the sexual offender’s place of residence is a motor
411 vehicle, trailer, mobile home, or manufactured home, as defined
412 in chapter 320, the sexual offender shall also provide to the
413 department through the sheriff’s office written notice of the
414 vehicle identification number; the license tag number; the
415 registration number; and a description, including color scheme,
416 of the motor vehicle, trailer, mobile home, or manufactured
417 home. If the sexual offender’s place of residence is a vessel,
418 live-aboard vessel, or houseboat, as defined in chapter 327, the
419 sexual offender shall also provide to the department written
420 notice of the hull identification number; the manufacturer’s
421 serial number; the name of the vessel, live-aboard vessel, or
422 houseboat; the registration number; and a description, including
423 color scheme, of the vessel, live-aboard vessel, or houseboat.
424 2. If the sexual offender is enrolled, employed, or
425 carrying on a vocation at an institution of higher education in
426 this state, the sexual offender shall also provide to the
427 department through the sheriff’s office the name, address, and
428 county of each institution, including each campus attended, and
429 the sexual offender’s enrollment or employment status. Each
430 change in enrollment or employment status shall be reported in
431 person at the sheriff’s office, within 48 hours after any change
432 in status. The sheriff shall promptly notify each institution of
433 the sexual offender’s presence and any change in the sexual
434 offender’s enrollment or employment status.
435
436 When a sexual offender reports at the sheriff’s office, the
437 sheriff shall take a photograph and a set of fingerprints of the
438 offender and forward the photographs and fingerprints to the
439 department, along with the information provided by the sexual
440 offender. The sheriff shall promptly provide to the department
441 the information received from the sexual offender.
442 (4)(a) Each time a sexual offender’s driver’s license or
443 identification card is subject to renewal, and, without regard
444 to the status of the offender’s driver’s license or
445 identification card, within 48 hours after any change in the
446 offender’s permanent, temporary, or transient residence or
447 change in the offender’s name by reason of marriage or other
448 legal process, the offender shall report in person to a driver’s
449 license office, and shall be subject to the requirements
450 specified in subsection (3). The Department of Highway Safety
451 and Motor Vehicles shall forward to the department all
452 photographs and information provided by sexual offenders.
453 Notwithstanding the restrictions set forth in s. 322.142, the
454 Department of Highway Safety and Motor Vehicles is authorized to
455 release a reproduction of a color-photograph or digital-image
456 license to the Department of Law Enforcement for purposes of
457 public notification of sexual offenders as provided in this
458 section and ss. 943.043 and 944.606. A sexual offender who is
459 unable to secure or update a driver’s license or identification
460 card with the Department of Highway Safety and Motor Vehicles as
461 provided in subsection (3) and this subsection must also report
462 any change in the sexual offender’s permanent, temporary, or
463 transient residence or change in the offender’s name by reason
464 of marriage or other legal process within 48 hours after the
465 change to the sheriff’s office in the county where the offender
466 resides or is located and provide confirmation that he or she
467 reported such information to Department of Highway Safety and
468 Motor Vehicles.
469 (d) A sexual offender must register all any electronic mail
470 addresses and Internet identifiers address or instant message
471 name with the department prior to using such electronic mail
472 addresses and Internet identifiers address or instant message
473 name on or after October 1, 2007. The department shall establish
474 an online system through which sexual offenders may securely
475 access and update all electronic mail address and Internet
476 identifier instant message name information.
477 (7) A sexual offender who intends to establish a permanent,
478 temporary, or transient residence in another state or
479 jurisdiction other than the State of Florida shall report in
480 person to the sheriff of the county of current residence within
481 48 hours before the date he or she intends to leave this state
482 to establish residence in another state or jurisdiction or
483 within 21 days before his or her planned departure date if the
484 intended residence of 7 days or more is outside of the United
485 States. The notification must include the address, municipality,
486 county, and state, and country of intended residence. The
487 sheriff shall promptly provide to the department the information
488 received from the sexual offender. The department shall notify
489 the statewide law enforcement agency, or a comparable agency, in
490 the intended state, or jurisdiction, or country of residence of
491 the sexual offender’s intended residence. The failure of a
492 sexual offender to provide his or her intended place of
493 residence is punishable as provided in subsection (9).
494 (8) A sexual offender who indicates his or her intent to
495 establish a permanent, temporary, or transient residence in
496 another state, a or jurisdiction other than the State of
497 Florida, or another country and later decides to remain in this
498 state shall, within 48 hours after the date upon which the
499 sexual offender indicated he or she would leave this state,
500 report in person to the sheriff to which the sexual offender
501 reported the intended change of permanent, temporary, or
502 transient residence, and report his or her intent to remain in
503 this state. The sheriff shall promptly report this information
504 to the department. A sexual offender who reports his or her
505 intent to establish a permanent, temporary, or transient
506 residence in another state, a or jurisdiction other than the
507 State of Florida, or another country but who remains in this
508 state without reporting to the sheriff in the manner required by
509 this subsection commits a felony of the second degree,
510 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
511 (14)
512 (c) The sheriff’s office may determine the appropriate
513 times and days for reporting by the sexual offender, which shall
514 be consistent with the reporting requirements of this
515 subsection. Reregistration shall include any changes to the
516 following information:
517 1. Name; social security number; age; race; sex; date of
518 birth; height; weight; hair and eye color; address of any
519 permanent residence and address of any current temporary
520 residence, within the state or out of state, including a rural
521 route address and a post office box; if no permanent or
522 temporary address, any transient residence within the state;
523 address, location or description, and dates of any current or
524 known future temporary residence within the state or out of
525 state; all any electronic mail addresses address and all
526 Internet identifiers any instant message name required to be
527 provided pursuant to paragraph (4)(d); all home telephone
528 numbers number and all any cellular telephone numbers number;
529 date and place of any employment; vehicle make, model, color,
530 and license tag number; fingerprints; and photograph. A post
531 office box shall not be provided in lieu of a physical
532 residential address.
533 2. If the sexual offender is enrolled, employed, or
534 carrying on a vocation at an institution of higher education in
535 this state, the sexual offender shall also provide to the
536 department the name, address, and county of each institution,
537 including each campus attended, and the sexual offender’s
538 enrollment or employment status.
539 3. If the sexual offender’s place of residence is a motor
540 vehicle, trailer, mobile home, or manufactured home, as defined
541 in chapter 320, the sexual offender shall also provide the
542 vehicle identification number; the license tag number; the
543 registration number; and a description, including color scheme,
544 of the motor vehicle, trailer, mobile home, or manufactured
545 home. If the sexual offender’s place of residence is a vessel,
546 live-aboard vessel, or houseboat, as defined in chapter 327, the
547 sexual offender shall also provide the hull identification
548 number; the manufacturer’s serial number; the name of the
549 vessel, live-aboard vessel, or houseboat; the registration
550 number; and a description, including color scheme, of the
551 vessel, live-aboard vessel or houseboat.
552 4. Any sexual offender who fails to report in person as
553 required at the sheriff’s office, or who fails to respond to any
554 address verification correspondence from the department within 3
555 weeks of the date of the correspondence or who fails to report
556 all electronic mail addresses and all Internet identifiers or
557 instant message names, commits a felony of the third degree,
558 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
559 Section 3. Section 943.04351, Florida Statutes, is amended
560 to read:
561 943.04351 Search of registration information regarding
562 sexual predators and sexual offenders required prior to
563 appointment or employment.—A state agency or governmental
564 subdivision, prior to making any decision to appoint or employ a
565 person to work, whether for compensation or as a volunteer, at
566 any park, playground, day care center, or other place where
567 children regularly congregate, must conduct a search of that
568 person’s name or other identifying information against the
569 registration information regarding sexual predators and sexual
570 offenders maintained by the Department of Law Enforcement under
571 s. 943.043. The agency or governmental subdivision may conduct
572 the search using the Internet site maintained by the Department
573 of Law Enforcement. Also, a national search must be conducted
574 through the Dru Sjodin National Sex Offender Public Website
575 maintained by the United States Department of Justice. This
576 section does not apply to those positions or appointments within
577 a state agency or governmental subdivision for which a state and
578 national criminal history background check is conducted.
579 Section 4. Subsection (1) of section 943.04354, Florida
580 Statutes, is amended to read:
581 943.04354 Removal of the requirement to register as a
582 sexual offender or sexual predator in special circumstances.—
583 (1) For purposes of this section, a person shall be
584 considered for removal of the requirement to register as a
585 sexual offender or sexual predator only if the person:
586 (a) Was or will be convicted or adjudicated delinquent of a
587 violation of s. 794.011, s. 800.04, s. 827.071, or s.
588 847.0135(5) or the person committed a violation of s. 794.011,
589 s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
590 of guilt was or will be withheld, and the person does not have
591 any other conviction, adjudication of delinquency, or withhold
592 of adjudication of guilt for a violation of s. 794.011, s.
593 800.04, s. 827.071, or s. 847.0135(5);
594 (b) Is required to register as a sexual offender or sexual
595 predator solely on the basis of this violation; and
596 (c) Is not more than 4 years older than the victim of this
597 violation who was 13 14 years of age or older but not more than
598 18 17 years of age at the time the person committed this
599 violation.
600 Section 5. Subsection (2) and paragraph (a) of subsection
601 (3) of section 943.0437, Florida Statutes, are amended to read:
602 943.0437 Commercial social networking websites.—
603 (2) The department may provide information relating to
604 electronic mail addresses and Internet identifiers instant
605 message names maintained as part of the sexual offender registry
606 to commercial social networking websites or third parties
607 designated by commercial social networking websites. The
608 commercial social networking website may use this information
609 for the purpose of comparing registered users and screening
610 potential users of the commercial social networking website
611 against the list of electronic mail addresses and Internet
612 identifiers instant message names provided by the department.
613 (3) This section shall not be construed to impose any civil
614 liability on a commercial social networking website for:
615 (a) Any action voluntarily taken in good faith to remove or
616 disable any profile of a registered user associated with an
617 electronic mail address or Internet identifier instant message
618 name contained in the sexual offender registry.
619 Section 6. Paragraphs (b) and (d) of subsection (1) and
620 paragraph (a) of subsection (3) of section 944.606, Florida
621 Statutes, are amended to read:
622 944.606 Sexual offenders; notification upon release.—
623 (1) As used in this section:
624 (b) “Sexual offender” means a person who has been convicted
625 of committing, or attempting, soliciting, or conspiring to
626 commit, any of the criminal offenses proscribed in the following
627 statutes in this state or similar offenses in another
628 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
629 the victim is a minor and the defendant is not the victim’s
630 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
631 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 826.04
632 where the victim is a minor and the defendant is 18 years of age
633 or older; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
634 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
635 985.701(1); or any similar offense committed in this state which
636 has been redesignated from a former statute number to one of
637 those listed in this subsection, when the department has
638 received verified information regarding such conviction; an
639 offender’s computerized criminal history record is not, in and
640 of itself, verified information.
641 (d) “Internet identifier Instant message name” has the same
642 meaning as provided in s. 775.21 means an identifier that allows
643 a person to communicate in real time with another person using
644 the Internet.
645 (3)(a) The department must provide information regarding
646 any sexual offender who is being released after serving a period
647 of incarceration for any offense, as follows:
648 1. The department must provide: the sexual offender’s name,
649 any change in the offender’s name by reason of marriage or other
650 legal process, and any alias, if known; the correctional
651 facility from which the sexual offender is released; the sexual
652 offender’s social security number, race, sex, date of birth,
653 height, weight, and hair and eye color; address of any planned
654 permanent residence or temporary residence, within the state or
655 out of state, including a rural route address and a post office
656 box; if no permanent or temporary address, any transient
657 residence within the state; address, location or description,
658 and dates of any known future temporary residence within the
659 state or out of state; date and county of sentence and each
660 crime for which the offender was sentenced; a copy of the
661 offender’s fingerprints and a digitized photograph taken within
662 60 days before release; the date of release of the sexual
663 offender; all any electronic mail addresses address and all
664 Internet identifiers any instant message name required to be
665 provided pursuant to s. 943.0435(4)(d); all and home telephone
666 numbers number and any cellular telephone numbers; and passport
667 information, if he or she has a passport, and, if he or she is
668 an alien, information about documents establishing his or her
669 immigration status number. The department shall notify the
670 Department of Law Enforcement if the sexual offender escapes,
671 absconds, or dies. If the sexual offender is in the custody of a
672 private correctional facility, the facility shall take the
673 digitized photograph of the sexual offender within 60 days
674 before the sexual offender’s release and provide this photograph
675 to the Department of Corrections and also place it in the sexual
676 offender’s file. If the sexual offender is in the custody of a
677 local jail, the custodian of the local jail shall register the
678 offender within 3 business days after intake of the offender for
679 any reason and upon release, and shall notify the Department of
680 Law Enforcement of the sexual offender’s release and provide to
681 the Department of Law Enforcement the information specified in
682 this paragraph and any information specified in subparagraph 2.
683 that the Department of Law Enforcement requests.
684 2. The department may provide any other information deemed
685 necessary, including criminal and corrections records,
686 nonprivileged personnel and treatment records, when available.
687 Section 7. Paragraphs (a) and (f) of subsection (1),
688 paragraph (a) of subsection (4), and paragraph (c) of subsection
689 (13) of section 944.607, Florida Statutes, are amended to read:
690 944.607 Notification to Department of Law Enforcement of
691 information on sexual offenders.—
692 (1) As used in this section, the term:
693 (a) “Sexual offender” means a person who is in the custody
694 or control of, or under the supervision of, the department or is
695 in the custody of a private correctional facility:
696 1. On or after October 1, 1997, as a result of a conviction
697 for committing, or attempting, soliciting, or conspiring to
698 commit, any of the criminal offenses proscribed in the following
699 statutes in this state or similar offenses in another
700 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
701 the victim is a minor and the defendant is not the victim’s
702 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
703 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 826.04
704 where the victim is a minor and the defendant is 18 years of age
705 or older; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
706 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
707 985.701(1); or any similar offense committed in this state which
708 has been redesignated from a former statute number to one of
709 those listed in this paragraph; or
710 2. Who establishes or maintains a residence in this state
711 and who has not been designated as a sexual predator by a court
712 of this state but who has been designated as a sexual predator,
713 as a sexually violent predator, or by another sexual offender
714 designation in another state or jurisdiction and was, as a
715 result of such designation, subjected to registration or
716 community or public notification, or both, or would be if the
717 person were a resident of that state or jurisdiction, without
718 regard as to whether the person otherwise meets the criteria for
719 registration as a sexual offender.
720 (f) “Internet identifier Instant message name” has the same
721 meaning as provided in s. 775.21 means an identifier that allows
722 a person to communicate in real time with another person using
723 the Internet.
724 (4) A sexual offender, as described in this section, who is
725 under the supervision of the Department of Corrections but is
726 not incarcerated must register with the Department of
727 Corrections within 3 business days after sentencing for a
728 registrable offense and otherwise provide information as
729 required by this subsection.
730 (a) The sexual offender shall provide his or her name; date
731 of birth; social security number; race; sex; height; weight;
732 hair and eye color; tattoos or other identifying marks; all any
733 electronic mail addresses address and all Internet identifiers
734 any instant message name required to be provided pursuant to s.
735 943.0435(4)(d); permanent or legal residence and address of
736 temporary residence within the state or out of state while the
737 sexual offender is under supervision in this state, including
738 any rural route address or post office box; if no permanent or
739 temporary address, any transient residence within the state; and
740 address, location or description, and dates of any current or
741 known future temporary residence within the state or out of
742 state. The sexual offender must also produce or provide
743 information about his or her passport, if he or she has a
744 passport, and, if he or she is an alien, must produce or provide
745 information about documents establishing his or her immigration
746 status. The Department of Corrections shall verify the address
747 of each sexual offender in the manner described in ss. 775.21
748 and 943.0435. The department shall report to the Department of
749 Law Enforcement any failure by a sexual predator or sexual
750 offender to comply with registration requirements.
751 (13)
752 (c) The sheriff’s office may determine the appropriate
753 times and days for reporting by the sexual offender, which shall
754 be consistent with the reporting requirements of this
755 subsection. Reregistration shall include any changes to the
756 following information:
757 1. Name; social security number; age; race; sex; date of
758 birth; height; weight; hair and eye color; address of any
759 permanent residence and address of any current temporary
760 residence, within the state or out of state, including a rural
761 route address and a post office box; if no permanent or
762 temporary address, any transient residence; address, location or
763 description, and dates of any current or known future temporary
764 residence within the state or out of state; all any electronic
765 mail addresses address and all Internet identifiers any instant
766 message name required to be provided pursuant to s.
767 943.0435(4)(d); date and place of any employment; vehicle make,
768 model, color, and license tag number; fingerprints; and
769 photograph. A post office box shall not be provided in lieu of a
770 physical residential address.
771 2. If the sexual offender is enrolled, employed, or
772 carrying on a vocation at an institution of higher education in
773 this state, the sexual offender shall also provide to the
774 department the name, address, and county of each institution,
775 including each campus attended, and the sexual offender’s
776 enrollment or employment status.
777 3. If the sexual offender’s place of residence is a motor
778 vehicle, trailer, mobile home, or manufactured home, as defined
779 in chapter 320, the sexual offender shall also provide the
780 vehicle identification number; the license tag number; the
781 registration number; and a description, including color scheme,
782 of the motor vehicle, trailer, mobile home, or manufactured
783 home. If the sexual offender’s place of residence is a vessel,
784 live-aboard vessel, or houseboat, as defined in chapter 327, the
785 sexual offender shall also provide the hull identification
786 number; the manufacturer’s serial number; the name of the
787 vessel, live-aboard vessel, or houseboat; the registration
788 number; and a description, including color scheme, of the
789 vessel, live-aboard vessel or houseboat.
790 4. Any sexual offender who fails to report in person as
791 required at the sheriff’s office, or who fails to respond to any
792 address verification correspondence from the department within 3
793 weeks of the date of the correspondence, or who fails to report
794 all electronic mail addresses and all Internet identifiers or
795 instant message names, commits a felony of the third degree,
796 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
797 Section 8. Subsection (11) of section 947.005, Florida
798 Statutes, is amended to read:
799 947.005 Definitions.—As used in this chapter, unless the
800 context clearly indicates otherwise:
801 (11) “Risk assessment” means an assessment completed by a
802 an independent qualified practitioner to evaluate the level of
803 risk associated when a sex offender has contact with a child.
804 Section 9. Section 948.31, Florida Statutes, is amended to
805 read:
806 948.31 Evaluation and treatment of sexual predators and
807 offenders on probation or community control.—Conditions imposed
808 pursuant to this section do not require oral pronouncement at
809 the time of sentencing and shall be considered standard
810 conditions of probation or community control for offenders
811 specified in this section. The court shall require an evaluation
812 by a qualified practitioner to determine the need of a
813 probationer or community controllee for treatment. If the court
814 determines that a need therefor is established by the evaluation
815 process, the court shall require sexual offender treatment as a
816 term or condition of probation or community control for any
817 person who is required to register as a sexual predator under s.
818 775.21 or sexual offender under s. 943.0435, s. 944.606, or s.
819 944.607. Such treatment shall be required to be obtained from a
820 qualified practitioner as defined in s. 948.001. Treatment may
821 not be administered by a qualified practitioner who has been
822 convicted or adjudicated delinquent of committing, or
823 attempting, soliciting, or conspiring to commit, any offense
824 that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
825 impose a restriction against contact with minors if sexual
826 offender treatment is recommended. The evaluation and
827 recommendations for treatment of the probationer or community
828 controllee shall be provided to the court for review.
829 Section 10. Paragraph (a) of subsection (3) of section
830 985.481, Florida Statutes, is amended to read:
831 985.481 Sexual offenders adjudicated delinquent;
832 notification upon release.—
833 (3)(a) The department must provide information regarding
834 any sexual offender who is being released after serving a period
835 of residential commitment under the department for any offense,
836 as follows:
837 1. The department must provide the sexual offender’s name,
838 any change in the offender’s name by reason of marriage or other
839 legal process, and any alias, if known; the correctional
840 facility from which the sexual offender is released; the sexual
841 offender’s social security number, race, sex, date of birth,
842 height, weight, and hair and eye color; address of any planned
843 permanent residence or temporary residence, within the state or
844 out of state, including a rural route address and a post office
845 box; if no permanent or temporary address, any transient
846 residence within the state; address, location or description,
847 and dates of any known future temporary residence within the
848 state or out of state; date and county of disposition and each
849 crime for which there was a disposition; a copy of the
850 offender’s fingerprints and a digitized photograph taken within
851 60 days before release; the date of release of the sexual
852 offender; all and home telephone numbers number and any cellular
853 telephone numbers; and passport information, if he or she has a
854 passport, and, if he or she is an alien, information about
855 documents establishing his or her immigration status number. The
856 department shall notify the Department of Law Enforcement if the
857 sexual offender escapes, absconds, or dies. If the sexual
858 offender is in the custody of a private correctional facility,
859 the facility shall take the digitized photograph of the sexual
860 offender within 60 days before the sexual offender’s release and
861 also place it in the sexual offender’s file. If the sexual
862 offender is in the custody of a local jail, the custodian of the
863 local jail shall register the offender within 3 business days
864 after intake of the offender for any reason and upon release,
865 and shall notify the Department of Law Enforcement of the sexual
866 offender’s release and provide to the Department of Law
867 Enforcement the information specified in this subparagraph and
868 any information specified in subparagraph 2. which the
869 Department of Law Enforcement requests.
870 2. The department may provide any other information
871 considered necessary, including criminal and delinquency
872 records, when available.
873 Section 11. Paragraph (a) of subsection (4) and paragraph
874 (b) of subsection (13) of section 985.4815, Florida Statutes,
875 are amended to read:
876 985.4815 Notification to Department of Law Enforcement of
877 information on juvenile sexual offenders.—
878 (4) A sexual offender, as described in this section, who is
879 under the supervision of the department but who is not committed
880 must register with the department within 3 business days after
881 adjudication and disposition for a registrable offense and
882 otherwise provide information as required by this subsection.
883 (a) The sexual offender shall provide his or her name; date
884 of birth; social security number; race; sex; height; weight;
885 hair and eye color; tattoos or other identifying marks;
886 permanent or legal residence and address of temporary residence
887 within the state or out of state while the sexual offender is in
888 the care or custody or under the jurisdiction or supervision of
889 the department in this state, including any rural route address
890 or post office box; if no permanent or temporary address, any
891 transient residence; address, location or description, and dates
892 of any current or known future temporary residence within the
893 state or out of state; passport information, if he or she has a
894 passport, and, if he or she is an alien, information about
895 documents establishing his or her immigration status; and the
896 name and address of each school attended. The department shall
897 verify the address of each sexual offender and shall report to
898 the Department of Law Enforcement any failure by a sexual
899 offender to comply with registration requirements.
900 (13)
901 (b) The sheriff’s office may determine the appropriate
902 times and days for reporting by the sexual offender, which shall
903 be consistent with the reporting requirements of this
904 subsection. Reregistration shall include any changes to the
905 following information:
906 1. Name; social security number; age; race; sex; date of
907 birth; height; weight; hair and eye color; address of any
908 permanent residence and address of any current temporary
909 residence, within the state or out of state, including a rural
910 route address and a post office box; if no permanent or
911 temporary address, any transient residence; address, location or
912 description, and dates of any current or known future temporary
913 residence within the state or out of state; passport
914 information, if he or she has a passport, and, if he or she is
915 an alien, information about documents establishing his or her
916 immigration status; name and address of each school attended;
917 date and place of any employment; vehicle make, model, color,
918 and license tag number; fingerprints; and photograph. A post
919 office box shall not be provided in lieu of a physical
920 residential address.
921 2. If the sexual offender is enrolled, employed, or
922 carrying on a vocation at an institution of higher education in
923 this state, the sexual offender shall also provide to the
924 department the name, address, and county of each institution,
925 including each campus attended, and the sexual offender’s
926 enrollment or employment status.
927 3. If the sexual offender’s place of residence is a motor
928 vehicle, trailer, mobile home, or manufactured home, as defined
929 in chapter 320, the sexual offender shall also provide the
930 vehicle identification number; the license tag number; the
931 registration number; and a description, including color scheme,
932 of the motor vehicle, trailer, mobile home, or manufactured
933 home. If the sexual offender’s place of residence is a vessel,
934 live-aboard vessel, or houseboat, as defined in chapter 327, the
935 sexual offender shall also provide the hull identification
936 number; the manufacturer’s serial number; the name of the
937 vessel, live-aboard vessel, or houseboat; the registration
938 number; and a description, including color scheme, of the
939 vessel, live-aboard vessel, or houseboat.
940 4. Any sexual offender who fails to report in person as
941 required at the sheriff’s office, or who fails to respond to any
942 address verification correspondence from the department within 3
943 weeks after the date of the correspondence, commits a felony of
944 the third degree, punishable as provided in ss. 775.082,
945 775.083, and 775.084.
946 Section 12. If any provision of this act or its application
947 to any person or circumstance is held invalid, the invalidity
948 does not affect other provisions or applications of this act
949 which can be given effect without the invalid provision or
950 application, and to this end the provisions of this act are
951 severable.
952 Section 13. This act shall take effect upon becoming a law.
953
954 ================= T I T L E A M E N D M E N T ================
955 And the title is amended as follows:
956 Delete everything before the enacting clause
957 and insert:
958 A bill to be entitled
959 An act relating to sexual offenders and predators;
960 amending s. 775.21, F.S.; replacing the definition of
961 the term “instant message name” with the definition of
962 the term “Internet identifier”; providing that
963 voluntary disclosure of specified information waives a
964 disclosure exemption for such information; conforming
965 provisions; requiring disclosure of passport and
966 immigration status information; requiring that a
967 sexual predator who is unable to secure or update a
968 driver’s license or identification card within a
969 specified period must report specified information to
970 the local sheriff’s office within a specified period
971 after such change with confirmation that he or she
972 also reported such information to the Department of
973 Highway Safety and Motor Vehicles; revising reporting
974 requirements if a sexual predator plans to leave the
975 United States for more than a specified period;
976 amending s. 943.0435, F.S.; replacing the definition
977 of the term “instant message name” with the definition
978 of the term “Internet identifier”; conforming
979 provisions; requiring disclosure of passport and
980 immigration status information; requiring that a
981 sexual predator who is unable to secure or update a
982 driver’s license or identification card within a
983 specified period must report specified information to
984 the local sheriff’s office within a specified period
985 of such change with confirmation that he or she also
986 reported such information to the Department of Highway
987 Safety and Motor Vehicles; providing additional
988 requirements for sexual offenders intending to reside
989 outside of the United States; amending s. 943.04351,
990 F.S.; requiring a specified national search of
991 registration information regarding sexual predators
992 and sexual offenders prior to appointment or
993 employment of persons by state agencies and
994 governmental subdivisions; amending s. 943.04354,
995 F.S.; revising the age range applicable to provisions
996 allowing removal of the requirement to register as a
997 sexual offender or sexual predator in certain
998 circumstances; amending s. 943.0437, F.S.; replacing
999 the definition of the term “instant message name” with
1000 the definition of the term “Internet identifier”;
1001 conforming provisions; amending ss. 944.606 and
1002 944.607, F.S.; replacing the definition of the term
1003 “instant message name” with the definition of the term
1004 “Internet identifier”; conforming provisions;
1005 requiring disclosure of passport and immigration
1006 status information; amending s. 947.005, F.S.;
1007 revising the definition of the term “risk assessment”;
1008 amending s. 948.31, F.S.; providing that conditions
1009 imposed under that section do not require oral
1010 pronouncement at the time of sentencing and shall be
1011 considered standard conditions of probation or
1012 community control for certain offenders; removing a
1013 provision prohibiting contact with minors if sexual
1014 offender treatment is recommended; amending ss.
1015 985.481 and 985.4815, F.S.; requiring disclosure of
1016 passport and immigration status information by certain
1017 sexual offenders adjudicated delinquent and certain
1018 juvenile sexual offenders; providing severability;
1019 providing an effective date.