Florida Senate - 2014                                     SB 528
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00528B-14                                            2014528__
    1                        A bill to be entitled                      
    2         An act relating to sex offenses; amending s. 775.21,
    3         F.S.; revising definitions; providing that voluntary
    4         disclosure of specified information waives a
    5         disclosure exemption for such information; adding
    6         additional offenses to the list of sexual predator
    7         qualifying offenses; requiring disclosure of
    8         additional information during the sexual predator
    9         registration process; requiring that a sexual predator
   10         who is unable to secure or update a driver license or
   11         identification card within a specified period report a
   12         change in certain information to the local sheriff’s
   13         office within a specified time after such change and
   14         confirm that he or she also reported such information
   15         to the Department of Highway Safety and Motor
   16         Vehicles; revising reporting requirements if a sexual
   17         predator plans to leave the United States for more
   18         than a specified time; providing criminal penalties
   19         for knowingly providing false registration information
   20         by act or omission; conforming provisions to changes
   21         made by the act; amending s. 943.0435, F.S.; adding
   22         additional offenses to the list of sexual offender
   23         qualifying offenses; revising definitions; requiring
   24         disclosure of additional sexual offender registration
   25         information; requiring that a sexual offender who is
   26         unable to secure or update a driver license or
   27         identification card within a specified period report a
   28         change in certain information to the local sheriff’s
   29         office within a specified period of time of such
   30         change and confirm that he or she also reported such
   31         information to the Department of Highway Safety and
   32         Motor Vehicles; providing additional requirements for
   33         sexual offenders intending to reside outside of the
   34         United States; revising criteria applicable to
   35         provisions that allow removal of the requirement to
   36         register as a sexual offender; tolling the
   37         registration period during the offender’s term of
   38         incarceration, commitment to a residential program,
   39         civil commitment, or detention pursuant to ch. 985,
   40         F.S.; providing criminal penalties for knowingly
   41         providing false registration information by act or
   42         omission; conforming provisions to changes made by the
   43         act; amending s. 943.04354, F.S.; revising the
   44         criteria applicable to provisions that allow removal
   45         of the requirement to register as a sexual offender or
   46         sexual predator; amending s. 943.0437, F.S.;
   47         conforming terminology; amending ss. 944.606 and
   48         944.607, F.S.; adding additional offenses to the list
   49         of sexual offender qualifying offenses; revising
   50         definitions; requiring disclosure of additional
   51         registration information; providing criminal penalties
   52         for knowingly providing false registration information
   53         by act or omission; conforming provisions to changes
   54         made by the act; amending ss. 985.481 and 985.4815,
   55         F.S.; requiring disclosure of additional registration
   56         information by certain sexual offenders adjudicated
   57         delinquent and certain juvenile sexual offenders;
   58         providing criminal penalties for knowingly providing
   59         false registration information by act or omission;
   60         amending s. 921.0022, F.S.; updating provisions of the
   61         offense severity ranking chart of the Criminal
   62         Punishment Code to reflect prior changes in the law;
   63         conforming provisions of the offense severity ranking
   64         chart to changes made by the act; providing an
   65         effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Paragraph (i) of subsection (2), paragraph (a)
   70  of subsection (4), subsections (6) and (8), and paragraph (a) of
   71  subsection (10) of section 775.21, Florida Statutes, are amended
   72  to read:
   73         775.21 The Florida Sexual Predators Act.—
   74         (2) DEFINITIONS.—As used in this section, the term:
   75         (i) “Internet identifier Instant message name” means all
   76  electronic mail, chat, instant messenger, social networking, or
   77  similar names used for Internet communication, but the term does
   78  not include a date of birth, social security number, or personal
   79  identification number (PIN). Voluntary disclosure by a sexual
   80  predator of his or her date of birth, social security number, or
   81  PIN as an Internet identifier waives the disclosure exemption in
   82  this paragraph for such personal information an identifier that
   83  allows a person to communicate in real time with another person
   84  using the Internet.
   85         (4) SEXUAL PREDATOR CRITERIA.—
   86         (a) For a current offense committed on or after October 1,
   87  1993, upon conviction, an offender shall be designated as a
   88  “sexual predator” under subsection (5), and subject to
   89  registration under subsection (6) and community and public
   90  notification under subsection (7) if:
   91         1. The felony is:
   92         a. A capital, life, or first-degree felony violation, or
   93  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
   94  is a minor and the defendant is not the victim’s parent or
   95  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
   96  violation of a similar law of another jurisdiction; or
   97         b. Any felony violation, or any attempt thereof, of s.
   98  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
   99  787.025(2)(c), where the victim is a minor and the defendant is
  100  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  101  (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
  102  796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025 s.
  103  825.1025(2)(b); s. 827.071; s. 847.0135(5); s. 847.0145; s.
  104  916.1075(2); or s. 985.701(1); or a violation of a similar law
  105  of another jurisdiction, and the offender has previously been
  106  convicted of or found to have committed, or has pled nolo
  107  contendere or guilty to, regardless of adjudication, any
  108  violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  109  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  110  defendant is not the victim’s parent or guardian; s.
  111  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
  112  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
  113  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  114  847.0135(6); s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a
  115  violation of a similar law of another jurisdiction;
  116         2. The offender has not received a pardon for any felony or
  117  similar law of another jurisdiction that is necessary for the
  118  operation of this paragraph; and
  119         3. A conviction of a felony or similar law of another
  120  jurisdiction necessary to the operation of this paragraph has
  121  not been set aside in any postconviction proceeding.
  122         (6) REGISTRATION.—
  123         (a) A sexual predator shall must register with the
  124  department through the sheriff’s office by providing the
  125  following information to the department:
  126         1. Name; social security number; age; race; sex; date of
  127  birth; height; weight; tattoos or other identifying marks; hair
  128  and eye color; photograph; address of legal residence and
  129  address of any current temporary residence, within the state or
  130  out of state, including a rural route address and a post office
  131  box; if no permanent or temporary address, any transient
  132  residence within the state; address, location or description,
  133  and dates of any current or known future temporary residence
  134  within the state or out of state; all any electronic mail
  135  addresses address and all Internet identifiers any instant
  136  message name required to be provided pursuant to subparagraph
  137  (g)4.; all home telephone numbers number and any cellular
  138  telephone numbers number; date and place of any employment; the
  139  make, model, color, registration number, and license tag number
  140  of all vehicles that are owned by the sexual predator and all
  141  vehicles that are owned by a person who resides at the sexual
  142  predator’s residence and that may be operated by the sexual
  143  predator; date and place of each conviction; fingerprints; palm
  144  prints; and a brief description of the crime or crimes committed
  145  by the offender. A post office box may shall not be provided in
  146  lieu of a physical residential address. The sexual predator
  147  shall produce his or her passport, if he or she has a passport,
  148  and, if he or she is an alien, shall produce or provide
  149  information about documents establishing his or her immigration
  150  status. The sexual predator shall also provide information about
  151  any professional licenses he or she has.
  152         a. If the sexual predator’s place of residence is a motor
  153  vehicle, trailer, mobile home, or manufactured home, as defined
  154  in chapter 320, the sexual predator shall also provide to the
  155  department written notice of the vehicle identification number;
  156  the license tag number; the registration number; and a
  157  description, including color scheme, of the motor vehicle,
  158  trailer, mobile home, or manufactured home. If a sexual
  159  predator’s place of residence is a vessel, live-aboard vessel,
  160  or houseboat, as defined in chapter 327, the sexual predator
  161  shall also provide to the department written notice of the hull
  162  identification number; the manufacturer’s serial number; the
  163  name of the vessel, live-aboard vessel, or houseboat; the
  164  registration number; and a description, including color scheme,
  165  of the vessel, live-aboard vessel, or houseboat.
  166         b. If the sexual predator is enrolled, employed,
  167  volunteering, or carrying on a vocation at an institution of
  168  higher education in this state, the sexual predator shall also
  169  provide to the department the name, address, and county of each
  170  institution, including each campus attended, and the sexual
  171  predator’s enrollment, volunteer, or employment status. Each
  172  change in enrollment, volunteer, or employment status must shall
  173  be reported in person at the sheriff’s office, or the Department
  174  of Corrections if the sexual predator is in the custody or
  175  control of or under the supervision of the Department of
  176  Corrections, within 48 hours after any change in status. The
  177  sheriff or the Department of Corrections shall promptly notify
  178  each institution of the sexual predator’s presence and any
  179  change in the sexual predator’s enrollment, volunteer, or
  180  employment status.
  181         2. Any other information determined necessary by the
  182  department, including criminal and corrections records;
  183  nonprivileged personnel and treatment records; and evidentiary
  184  genetic markers when available.
  185         (b) If the sexual predator is in the custody or control of,
  186  or under the supervision of, the Department of Corrections, or
  187  is in the custody of a private correctional facility, the sexual
  188  predator shall must register with the Department of Corrections.
  189  A sexual predator who is under the supervision of the Department
  190  of Corrections but who is not incarcerated shall must register
  191  with the Department of Corrections within 3 business days after
  192  the court finds the offender to be a sexual predator. The
  193  Department of Corrections shall provide to the department
  194  registration information and the location of, and local
  195  telephone number for, any Department of Corrections office that
  196  is responsible for supervising the sexual predator. In addition,
  197  the Department of Corrections shall notify the department if the
  198  sexual predator escapes or absconds from custody or supervision
  199  or if the sexual predator dies.
  200         (c) If the sexual predator is in the custody of a local
  201  jail, the custodian of the local jail shall register the sexual
  202  predator within 3 business days after intake of the sexual
  203  predator for any reason and upon release, and shall forward the
  204  registration information to the department. The custodian of the
  205  local jail shall also take a digitized photograph of the sexual
  206  predator while the sexual predator remains in custody and shall
  207  provide the digitized photograph to the department. The
  208  custodian shall notify the department if the sexual predator
  209  escapes from custody or dies.
  210         (d) If the sexual predator is under federal supervision,
  211  the federal agency responsible for supervising the sexual
  212  predator may forward to the department any information regarding
  213  the sexual predator which is consistent with the information
  214  provided by the Department of Corrections under this section,
  215  and may indicate whether use of the information is restricted to
  216  law enforcement purposes only or may be used by the department
  217  for purposes of public notification.
  218         (e)1. If the sexual predator is not in the custody or
  219  control of, or under the supervision of, the Department of
  220  Corrections or is not in the custody of a private correctional
  221  facility, the sexual predator shall register in person:
  222         a. At the sheriff’s office in the county where he or she
  223  establishes or maintains a residence within 48 hours after
  224  establishing or maintaining a residence in this state; and
  225         b. At the sheriff’s office in the county where he or she
  226  was designated a sexual predator by the court within 48 hours
  227  after such finding is made.
  228         2. Any change in the sexual predator’s permanent or
  229  temporary residence, name, or any electronic mail addresses, or
  230  Internet identifiers address and any instant message name
  231  required to be provided pursuant to subparagraph (g)4., after
  232  the sexual predator registers in person at the sheriff’s office
  233  as provided in subparagraph 1., must shall be accomplished in
  234  the manner provided in paragraphs (g), (i), and (j). When a
  235  sexual predator registers with the sheriff’s office, the sheriff
  236  shall take a photograph, and a set of fingerprints, and palm
  237  prints of the predator and forward the photographs, palm prints,
  238  and fingerprints to the department, along with the information
  239  that the predator is required to provide pursuant to this
  240  section.
  241         (f) Within 48 hours after the registration required under
  242  paragraph (a) or paragraph (e), a sexual predator who is not
  243  incarcerated and who resides in the community, including a
  244  sexual predator under the supervision of the Department of
  245  Corrections, shall register in person at a driver driver’s
  246  license office of the Department of Highway Safety and Motor
  247  Vehicles and shall present proof of registration. At the driver
  248  driver’s license office the sexual predator shall:
  249         1. If otherwise qualified, secure a Florida driver driver’s
  250  license, renew a Florida driver driver’s license, or secure an
  251  identification card. The sexual predator shall identify himself
  252  or herself as a sexual predator who is required to comply with
  253  this section, provide his or her place of permanent, temporary,
  254  or transient residence, including a rural route address and a
  255  post office box, and submit to the taking of a photograph for
  256  use in issuing a driver driver’s license, renewed license, or
  257  identification card, and for use by the department in
  258  maintaining current records of sexual predators. A post office
  259  box may shall not be provided in lieu of a physical residential
  260  address. If the sexual predator’s place of residence is a motor
  261  vehicle, trailer, mobile home, or manufactured home, as defined
  262  in chapter 320, the sexual predator shall also provide to the
  263  Department of Highway Safety and Motor Vehicles the vehicle
  264  identification number; the license tag number; the registration
  265  number; and a description, including color scheme, of the motor
  266  vehicle, trailer, mobile home, or manufactured home. If a sexual
  267  predator’s place of residence is a vessel, live-aboard vessel,
  268  or houseboat, as defined in chapter 327, the sexual predator
  269  shall also provide to the Department of Highway Safety and Motor
  270  Vehicles the hull identification number; the manufacturer’s
  271  serial number; the name of the vessel, live-aboard vessel, or
  272  houseboat; the registration number; and a description, including
  273  color scheme, of the vessel, live-aboard vessel, or houseboat.
  274         2. Pay the costs assessed by the Department of Highway
  275  Safety and Motor Vehicles for issuing or renewing a driver
  276  driver’s license or identification card as required by this
  277  section. The driver driver’s license or identification card
  278  issued to the sexual predator must comply be in compliance with
  279  s. 322.141(3).
  280         3. Provide, upon request, any additional information
  281  necessary to confirm the identity of the sexual predator,
  282  including a set of fingerprints.
  283         (g)1. Each time a sexual predator’s driver driver’s license
  284  or identification card is subject to renewal, and, without
  285  regard to the status of the predator’s driver driver’s license
  286  or identification card, within 48 hours after any change of the
  287  predator’s residence or change in the predator’s name by reason
  288  of marriage or other legal process, the predator shall report in
  289  person to a driver driver’s license office and is shall be
  290  subject to the requirements specified in paragraph (f). The
  291  Department of Highway Safety and Motor Vehicles shall forward to
  292  the department and to the Department of Corrections all
  293  photographs and information provided by sexual predators.
  294  Notwithstanding the restrictions set forth in s. 322.142, the
  295  Department of Highway Safety and Motor Vehicles may is
  296  authorized to release a reproduction of a color-photograph or
  297  digital-image license to the Department of Law Enforcement for
  298  purposes of public notification of sexual predators as provided
  299  in this section. A sexual predator who is unable to secure or
  300  update a driver license or identification card with the
  301  Department of Highway Safety and Motor Vehicles as provided in
  302  paragraph (f) and this paragraph shall also report any change of
  303  the predator’s residence or change in the predator’s name by
  304  reason of marriage or other legal process within 48 hours after
  305  the change to the sheriff’s office in the county where the
  306  predator resides or is located and provide confirmation that he
  307  or she reported such information to the Department of Highway
  308  Safety and Motor Vehicles.
  309         2. A sexual predator who vacates a permanent, temporary, or
  310  transient residence and fails to establish or maintain another
  311  permanent, temporary, or transient residence shall, within 48
  312  hours after vacating the permanent, temporary, or transient
  313  residence, report in person to the sheriff’s office of the
  314  county in which he or she is located. The sexual predator shall
  315  specify the date upon which he or she intends to or did vacate
  316  such residence. The sexual predator shall must provide or update
  317  all of the registration information required under paragraph
  318  (a). The sexual predator shall must provide an address for the
  319  residence or other place that he or she is or will be located
  320  during the time in which he or she fails to establish or
  321  maintain a permanent or temporary residence.
  322         3. A sexual predator who remains at a permanent, temporary,
  323  or transient residence after reporting his or her intent to
  324  vacate such residence shall, within 48 hours after the date upon
  325  which the predator indicated he or she would or did vacate such
  326  residence, report in person to the sheriff’s office to which he
  327  or she reported pursuant to subparagraph 2. for the purpose of
  328  reporting his or her address at such residence. When the sheriff
  329  receives the report, the sheriff shall promptly convey the
  330  information to the department. An offender who makes a report as
  331  required under subparagraph 2. but fails to make a report as
  332  required under this subparagraph commits a felony of the second
  333  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  334  775.084.
  335         4. A sexual predator shall must register all any electronic
  336  mail addresses and Internet identifiers address or instant
  337  message name with the department before prior to using such
  338  electronic mail addresses and Internet identifiers address or
  339  instant message name on or after October 1, 2007. The department
  340  shall establish an online system through which sexual predators
  341  may securely access and update all electronic mail address and
  342  Internet identifier instant message name information.
  343         (h) The department shall must notify the sheriff and the
  344  state attorney of the county and, if applicable, the police
  345  chief of the municipality, where the sexual predator maintains a
  346  residence.
  347         (i) A sexual predator who intends to establish a permanent,
  348  temporary, or transient residence in another state or
  349  jurisdiction other than the State of Florida shall report in
  350  person to the sheriff of the county of current residence within
  351  48 hours before the date he or she intends to leave this state
  352  to establish residence in another state or jurisdiction or
  353  within 21 days before his or her planned departure date if the
  354  intended residence of 5 days or more is outside of the United
  355  States. The sexual predator shall must provide to the sheriff
  356  the address, municipality, county, and state, and country of
  357  intended residence. The sheriff shall promptly provide to the
  358  department the information received from the sexual predator.
  359  The department shall notify the statewide law enforcement
  360  agency, or a comparable agency, in the intended state, or
  361  jurisdiction, or country of residence of the sexual predator’s
  362  intended residence. The failure of a sexual predator to provide
  363  his or her intended place of residence is punishable as provided
  364  in subsection (10).
  365         (j) A sexual predator who indicates his or her intent to
  366  establish a permanent, temporary, or transient residence in
  367  another state, a or jurisdiction other than the State of
  368  Florida, or another country and later decides to remain in this
  369  state shall, within 48 hours after the date upon which the
  370  sexual predator indicated he or she would leave this state,
  371  report in person to the sheriff to which the sexual predator
  372  reported the intended change of residence, and report his or her
  373  intent to remain in this state. If the sheriff is notified by
  374  the sexual predator that he or she intends to remain in this
  375  state, the sheriff shall promptly report this information to the
  376  department. A sexual predator who reports his or her intent to
  377  establish a permanent, temporary, or transient residence in
  378  another state, a or jurisdiction other than the State of
  379  Florida, or another country, but who remains in this state
  380  without reporting to the sheriff in the manner required by this
  381  paragraph, commits a felony of the second degree, punishable as
  382  provided in s. 775.082, s. 775.083, or s. 775.084.
  383         (k)1. The department is responsible for the online
  384  maintenance of current information regarding each registered
  385  sexual predator. The department shall must maintain hotline
  386  access for state, local, and federal law enforcement agencies to
  387  obtain instantaneous locator file and offender characteristics
  388  information on all released registered sexual predators for
  389  purposes of monitoring, tracking, and prosecution. The
  390  photograph and fingerprints do not have to be stored in a
  391  computerized format.
  392         2. The department’s sexual predator registration list,
  393  containing the information described in subparagraph (a)1., is a
  394  public record. The department may is authorized to disseminate
  395  this public information by any means deemed appropriate,
  396  including operating a toll-free telephone number for this
  397  purpose. When the department provides information regarding a
  398  registered sexual predator to the public, department personnel
  399  shall must advise the person making the inquiry that positive
  400  identification of a person believed to be a sexual predator
  401  cannot be established unless a fingerprint comparison is made,
  402  and that it is illegal to use public information regarding a
  403  registered sexual predator to facilitate the commission of a
  404  crime.
  405         3. The department shall adopt guidelines as necessary
  406  regarding the registration of sexual predators and the
  407  dissemination of information regarding sexual predators as
  408  required by this section.
  409         (l) A sexual predator shall must maintain registration with
  410  the department for the duration of his or her life, unless the
  411  sexual predator has received a full pardon or has had a
  412  conviction set aside in a postconviction proceeding for any
  413  offense that met the criteria for the sexual predator
  414  designation.
  415         (8) VERIFICATION.—The department and the Department of
  416  Corrections shall implement a system for verifying the addresses
  417  of sexual predators. The system must be consistent with the
  418  provisions of the federal Adam Walsh Child Protection and Safety
  419  Act of 2006 and any other federal standards applicable to such
  420  verification or required to be met as a condition for the
  421  receipt of federal funds by the state. The Department of
  422  Corrections shall verify the addresses of sexual predators who
  423  are not incarcerated but who reside in the community under the
  424  supervision of the Department of Corrections and shall report to
  425  the department any failure by a sexual predator to comply with
  426  registration requirements. County and local law enforcement
  427  agencies, in conjunction with the department, shall verify the
  428  addresses of sexual predators who are not under the care,
  429  custody, control, or supervision of the Department of
  430  Corrections. Local law enforcement agencies shall report to the
  431  department any failure by a sexual predator to comply with
  432  registration requirements.
  433         (a) A sexual predator shall must report in person each year
  434  during the month of the sexual predator’s birthday and during
  435  every third month thereafter to the sheriff’s office in the
  436  county in which he or she resides or is otherwise located to
  437  reregister. The sheriff’s office may determine the appropriate
  438  times and days for reporting by the sexual predator, which must
  439  shall be consistent with the reporting requirements of this
  440  paragraph. Reregistration must shall include any changes to the
  441  following information:
  442         1. Name; social security number; age; race; sex; date of
  443  birth; height; weight; tattoos or other identifying marks; hair
  444  and eye color; address of any permanent residence and address of
  445  any current temporary residence, within the state or out of
  446  state, including a rural route address and a post office box; if
  447  no permanent or temporary address, any transient residence
  448  within the state; address, location or description, and dates of
  449  any current or known future temporary residence within the state
  450  or out of state; all any electronic mail addresses or Internet
  451  identifiers address and any instant message name required to be
  452  provided pursuant to subparagraph (6)(g)4.; all home telephone
  453  numbers or number and any cellular telephone numbers number;
  454  date and place of any employment; the vehicle make, model,
  455  color, registration number, and license tag number of all
  456  vehicles that are owned by the sexual predator and all vehicles
  457  that are owned by a person who resides at the sexual predator’s
  458  residence and that may be operated by the sexual predator;
  459  fingerprints; palm prints; and photograph. A post office box may
  460  shall not be provided in lieu of a physical residential address.
  461  The sexual predator shall also produce his or her passport, if
  462  he or she has a passport, and, if he or she is an alien, shall
  463  produce or provide information about documents establishing his
  464  or her immigration status. The sexual predator shall also
  465  provide information about any professional licenses he or she
  466  has.
  467         2. If the sexual predator is enrolled, employed,
  468  volunteering, or carrying on a vocation at an institution of
  469  higher education in this state, the sexual predator shall also
  470  provide to the department the name, address, and county of each
  471  institution, including each campus attended, and the sexual
  472  predator’s enrollment, volunteer, or employment status.
  473         3. If the sexual predator’s place of residence is a motor
  474  vehicle, trailer, mobile home, or manufactured home, as defined
  475  in chapter 320, the sexual predator shall also provide the
  476  vehicle identification number; the license tag number; the
  477  registration number; and a description, including color scheme,
  478  of the motor vehicle, trailer, mobile home, or manufactured
  479  home. If the sexual predator’s place of residence is a vessel,
  480  live-aboard vessel, or houseboat, as defined in chapter 327, the
  481  sexual predator shall also provide the hull identification
  482  number; the manufacturer’s serial number; the name of the
  483  vessel, live-aboard vessel, or houseboat; the registration
  484  number; and a description, including color scheme, of the
  485  vessel, live-aboard vessel, or houseboat.
  486         (b) The sheriff’s office shall, within 2 working days,
  487  electronically submit and update all information provided by the
  488  sexual predator to the department in a manner prescribed by the
  489  department.
  490         (10) PENALTIES.—
  491         (a) Except as otherwise specifically provided, a sexual
  492  predator who fails to register; who fails, after registration,
  493  to maintain, acquire, or renew a driver driver’s license or
  494  identification card; who fails to provide required location
  495  information, electronic mail address information before use,
  496  Internet identifier instant message name information before use,
  497  all home telephone numbers number and any cellular telephone
  498  numbers number, or change-of-name information; who fails to make
  499  a required report in connection with vacating a permanent
  500  residence; who fails to reregister as required; who fails to
  501  respond to any address verification correspondence from the
  502  department within 3 weeks of the date of the correspondence; who
  503  knowingly provides false registration information by act or
  504  omission; or who otherwise fails, by act or omission, to comply
  505  with the requirements of this section, commits a felony of the
  506  third degree, punishable as provided in s. 775.082, s. 775.083,
  507  or s. 775.084.
  508         Section 2. Paragraphs (a) and (g) of subsection (1),
  509  subsection (2), paragraphs (a) and (d) of subsection (4),
  510  subsections (7), (8), and (11), and paragraph (c) of subsection
  511  (14) of section 943.0435, Florida Statutes, are amended to read:
  512         943.0435 Sexual offenders required to register with the
  513  department; penalty.—
  514         (1) As used in this section, the term:
  515         (a)1. “Sexual offender” means a person who meets the
  516  criteria in sub-subparagraph a., sub-subparagraph b., sub
  517  subparagraph c., or sub-subparagraph d., as follows:
  518         a.(I) Has been convicted of committing, or attempting,
  519  soliciting, or conspiring to commit, any of the criminal
  520  offenses proscribed in the following statutes in this state or
  521  similar offenses in another jurisdiction: s. 393.135(2); s.
  522  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  523  the victim is a minor and the defendant is not the victim’s
  524  parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
  525  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
  526  796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
  527  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
  528  847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any
  529  similar offense committed in this state which has been
  530  redesignated from a former statute number to one of those listed
  531  in this sub-sub-subparagraph; and
  532         (II) Has been released on or after October 1, 1997, from
  533  the sanction imposed for any conviction of an offense described
  534  in sub-sub-subparagraph (I). For purposes of sub-sub
  535  subparagraph (I), a sanction imposed in this state or in any
  536  other jurisdiction includes, but is not limited to, a fine,
  537  probation, community control, parole, conditional release,
  538  control release, or incarceration in a state prison, federal
  539  prison, private correctional facility, or local detention
  540  facility;
  541         b. Establishes or maintains a residence in this state and
  542  who has not been designated as a sexual predator by a court of
  543  this state but who has been designated as a sexual predator, as
  544  a sexually violent predator, or by another sexual offender
  545  designation in another state or jurisdiction and was, as a
  546  result of such designation, subjected to registration or
  547  community or public notification, or both, or would be if the
  548  person were a resident of that state or jurisdiction, without
  549  regard to whether the person otherwise meets the criteria for
  550  registration as a sexual offender;
  551         c. Establishes or maintains a residence in this state who
  552  is in the custody or control of, or under the supervision of,
  553  any other state or jurisdiction as a result of a conviction for
  554  committing, or attempting, soliciting, or conspiring to commit,
  555  any of the criminal offenses proscribed in the following
  556  statutes or similar offense in another jurisdiction: s.
  557  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  558  787.025(2)(c), where the victim is a minor and the defendant is
  559  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  560  (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
  561  796.03; s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
  562  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  563  847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
  564  985.701(1); or any similar offense committed in this state which
  565  has been redesignated from a former statute number to one of
  566  those listed in this sub-subparagraph; or
  567         d. On or after July 1, 2007, has been adjudicated
  568  delinquent for committing, or attempting, soliciting, or
  569  conspiring to commit, any of the criminal offenses proscribed in
  570  the following statutes in this state or similar offenses in
  571  another jurisdiction when the juvenile was 14 years of age or
  572  older at the time of the offense:
  573         (I) Section 794.011, excluding s. 794.011(10);
  574         (II) Section 800.04(4)(b) where the victim is under 12
  575  years of age or where the court finds sexual activity by the use
  576  of force or coercion;
  577         (III) Section 800.04(5)(c)1. where the court finds
  578  molestation involving unclothed genitals; or
  579         (IV) Section 800.04(5)(d) where the court finds the use of
  580  force or coercion and unclothed genitals.
  581         2. For all qualifying offenses listed in sub-subparagraph
  582  (1)(a)1.d., the court shall make a written finding of the age of
  583  the offender at the time of the offense.
  584  
  585  For each violation of a qualifying offense listed in this
  586  subsection, except for a violation of s. 794.011, the court
  587  shall make a written finding of the age of the victim at the
  588  time of the offense. For a violation of s. 800.04(4), the court
  589  shall also additionally make a written finding indicating
  590  whether that the offense involved did or did not involve sexual
  591  activity and indicating whether that the offense involved did or
  592  did not involve force or coercion. For a violation of s.
  593  800.04(5), the court shall also additionally make a written
  594  finding that the offense did or did not involve unclothed
  595  genitals or genital area and that the offense did or did not
  596  involve the use of force or coercion.
  597         (g) “Internet identifier Instant message name” has the same
  598  meaning as provided in s. 775.21 means an identifier that allows
  599  a person to communicate in real time with another person using
  600  the Internet.
  601         (2) A sexual offender shall:
  602         (a) Report in person at the sheriff’s office:
  603         1. In the county in which the offender establishes or
  604  maintains a permanent, temporary, or transient residence within
  605  48 hours after:
  606         a. Establishing permanent, temporary, or transient
  607  residence in this state; or
  608         b. Being released from the custody, control, or supervision
  609  of the Department of Corrections or from the custody of a
  610  private correctional facility; or
  611         2. In the county where he or she was convicted within 48
  612  hours after being convicted for a qualifying offense for
  613  registration under this section if the offender is not in the
  614  custody or control of, or under the supervision of, the
  615  Department of Corrections, or is not in the custody of a private
  616  correctional facility.
  617  
  618  Any change in the information required to be provided pursuant
  619  to paragraph (b), including, but not limited to, any change in
  620  the sexual offender’s permanent, temporary, or transient
  621  residence, name, any electronic mail addresses, or Internet
  622  identifiers address and any instant message name required to be
  623  provided pursuant to paragraph (4)(d), after the sexual offender
  624  reports in person at the sheriff’s office, must shall be
  625  accomplished in the manner provided in subsections (4), (7), and
  626  (8).
  627         (b) Provide his or her name; date of birth; social security
  628  number; race; sex; height; weight; hair and eye color; tattoos
  629  or other identifying marks; fingerprints; palm prints;
  630  photograph; occupation and place of employment; address of
  631  permanent or legal residence or address of any current temporary
  632  residence, within the state or out of state, including a rural
  633  route address and a post office box; if no permanent or
  634  temporary address, any transient residence within the state,
  635  address, location or description, and dates of any current or
  636  known future temporary residence within the state or out of
  637  state; the make, model, color, registration number, and license
  638  tag number of all vehicles that are owned by the sexual offender
  639  and all vehicles that are owned by a person who resides at the
  640  sexual offender’s residence and that may be operated by the
  641  sexual offender; all home telephone numbers number and any
  642  cellular telephone numbers number; all any electronic mail
  643  addresses address and all Internet identifiers any instant
  644  message name required to be provided pursuant to paragraph
  645  (4)(d); date and place of each conviction; and a brief
  646  description of the crime or crimes committed by the offender. A
  647  post office box may shall not be provided in lieu of a physical
  648  residential address. The sexual offender shall also produce his
  649  or her passport, if he or she has a passport, and, if he or she
  650  is an alien, shall produce or provide information about
  651  documents establishing his or her immigration status. The sexual
  652  offender shall also provide information about any professional
  653  licenses he or she has.
  654         1. If the sexual offender’s place of residence is a motor
  655  vehicle, trailer, mobile home, or manufactured home, as defined
  656  in chapter 320, the sexual offender shall also provide to the
  657  department through the sheriff’s office written notice of the
  658  vehicle identification number; the license tag number; the
  659  registration number; and a description, including color scheme,
  660  of the motor vehicle, trailer, mobile home, or manufactured
  661  home. If the sexual offender’s place of residence is a vessel,
  662  live-aboard vessel, or houseboat, as defined in chapter 327, the
  663  sexual offender shall also provide to the department written
  664  notice of the hull identification number; the manufacturer’s
  665  serial number; the name of the vessel, live-aboard vessel, or
  666  houseboat; the registration number; and a description, including
  667  color scheme, of the vessel, live-aboard vessel, or houseboat.
  668         2. If the sexual offender is enrolled, employed,
  669  volunteering, or carrying on a vocation at an institution of
  670  higher education in this state, the sexual offender shall also
  671  provide to the department through the sheriff’s office the name,
  672  address, and county of each institution, including each campus
  673  attended, and the sexual offender’s enrollment, volunteer, or
  674  employment status. Each change in enrollment, volunteer, or
  675  employment status must shall be reported in person at the
  676  sheriff’s office, within 48 hours after any change in status.
  677  The sheriff shall promptly notify each institution of the sexual
  678  offender’s presence and any change in the sexual offender’s
  679  enrollment, volunteer, or employment status.
  680         (c) Provide any other information determined necessary by
  681  the department, including criminal and corrections records;
  682  nonprivileged personnel and treatment records; and evidentiary
  683  genetic markers, when available.
  684  
  685  When a sexual offender reports at the sheriff’s office, the
  686  sheriff shall take a photograph, and a set of fingerprints, and
  687  palm prints of the offender and forward the photographs, palm
  688  prints, and fingerprints to the department, along with the
  689  information provided by the sexual offender. The sheriff shall
  690  promptly provide to the department the information received from
  691  the sexual offender.
  692         (4)(a) Each time a sexual offender’s driver driver’s
  693  license or identification card is subject to renewal, and,
  694  without regard to the status of the offender’s driver driver’s
  695  license or identification card, within 48 hours after any change
  696  in the offender’s permanent, temporary, or transient residence
  697  or change in the offender’s name by reason of marriage or other
  698  legal process, the offender shall report in person to a driver
  699  driver’s license office, and is shall be subject to the
  700  requirements specified in subsection (3). The Department of
  701  Highway Safety and Motor Vehicles shall forward to the
  702  department all photographs and information provided by sexual
  703  offenders. Notwithstanding the restrictions set forth in s.
  704  322.142, the Department of Highway Safety and Motor Vehicles may
  705  is authorized to release a reproduction of a color-photograph or
  706  digital-image license to the Department of Law Enforcement for
  707  purposes of public notification of sexual offenders as provided
  708  in this section and ss. 943.043 and 944.606. A sexual offender
  709  who is unable to secure or update a driver license or
  710  identification card with the Department of Highway Safety and
  711  Motor Vehicles as provided in subsection (3) and this subsection
  712  shall also report any change in the sexual offender’s permanent,
  713  temporary, or transient residence or change in the offender’s
  714  name by reason of marriage or other legal process within 48
  715  hours after the change to the sheriff’s office in the county
  716  where the offender resides or is located and provide
  717  confirmation that he or she reported such information to the
  718  Department of Highway Safety and Motor Vehicles.
  719         (d) A sexual offender shall must register all any
  720  electronic mail addresses and Internet identifiers address or
  721  instant message name with the department before using such
  722  electronic mail addresses and Internet identifiers address or
  723  instant message name. The department shall establish an online
  724  system through which sexual offenders may securely access and
  725  update all electronic mail address and Internet identifier
  726  instant message name information.
  727         (7) A sexual offender who intends to establish a permanent,
  728  temporary, or transient residence in another state or
  729  jurisdiction other than the State of Florida shall report in
  730  person to the sheriff of the county of current residence within
  731  48 hours before the date he or she intends to leave this state
  732  to establish residence in another state or jurisdiction or
  733  within 21 days before his or her planned departure date if the
  734  intended residence of 5 days or more is outside of the United
  735  States. The notification must include the address, municipality,
  736  county, and state, and country of intended residence. The
  737  sheriff shall promptly provide to the department the information
  738  received from the sexual offender. The department shall notify
  739  the statewide law enforcement agency, or a comparable agency, in
  740  the intended state, or jurisdiction, or country of residence of
  741  the sexual offender’s intended residence. The failure of a
  742  sexual offender to provide his or her intended place of
  743  residence is punishable as provided in subsection (9).
  744         (8) A sexual offender who indicates his or her intent to
  745  establish a permanent, temporary, or transient residence in
  746  another state, a or jurisdiction other than the State of
  747  Florida, or another country and later decides to remain in this
  748  state shall, within 48 hours after the date upon which the
  749  sexual offender indicated he or she would leave this state,
  750  report in person to the sheriff to which the sexual offender
  751  reported the intended change of permanent, temporary, or
  752  transient residence, and report his or her intent to remain in
  753  this state. The sheriff shall promptly report this information
  754  to the department. A sexual offender who reports his or her
  755  intent to establish a permanent, temporary, or transient
  756  residence in another state, a or jurisdiction other than the
  757  State of Florida, or another country but who remains in this
  758  state without reporting to the sheriff in the manner required by
  759  this subsection commits a felony of the second degree,
  760  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  761         (11) Except as provided in this subsection and s.
  762  943.04354, a sexual offender shall must maintain registration
  763  with the department for the duration of his or her life, unless
  764  the sexual offender has received a full pardon or has had a
  765  conviction set aside in a postconviction proceeding for any
  766  offense that meets the criteria for classifying the person as a
  767  sexual offender for purposes of registration. However, a sexual
  768  offender:
  769         (a)1. A sexual offender may petition the criminal division
  770  of the circuit court of the circuit in which the sexual offender
  771  resides for the purpose of removing the requirement for
  772  registration as a sexual offender if Who has been lawfully
  773  released from confinement, supervision, or sanction, whichever
  774  is later, for at least 25 years and has not been arrested for
  775  any felony or misdemeanor offense since release, provided that
  776  the sexual offender’s requirement to register was not based upon
  777  an adult conviction:
  778         a. Twenty-five years have elapsed since the beginning of
  779  the registration period for the sexual offender’s most recent
  780  conviction that required the offender to register;
  781         b. The sexual offender has not been convicted or
  782  adjudicated delinquent of a felony offense or of an offense
  783  punishable by more than 1 year of imprisonment during the 25
  784  years preceding the petition to the court;
  785         c. The sexual offender has successfully completed all
  786  sanctions imposed for all offenses that required the offender to
  787  register;
  788         d. The sexual offender’s requirement to register was not
  789  based upon an adult conviction for:
  790         (I) A violation of s. 787.01; s. 794.011, excluding s.
  791  794.011(10); s. 800.04(4)(b) if the court finds the offense
  792  involved a victim younger than 12 years of age or a sexual
  793  activity by the use of force or coercion; s. 800.04(5)(b); or s.
  794  800.04(5)(c)2. if the court finds the offense involved unclothed
  795  genitals or genital area;
  796         (II) An attempt or conspiracy to commit any offense listed
  797  in this sub-subparagraph; or
  798         (III) A violation of similar law of another jurisdiction;
  799  and
  800         e. For sexual offenders whose requirement to register is
  801  based upon a conviction in another state, the sexual offender is
  802  not required to register as a sexual offender pursuant to the
  803  laws of the state in which the conviction occurred. Such an
  804  offender must provide the court written confirmation that he or
  805  she is not required to register in the state in which the
  806  conviction occurred.
  807         a. For a violation of s. 787.01 or s. 787.02;
  808         b. For a violation of s. 794.011, excluding s. 794.011(10);
  809         c. For a violation of s. 800.04(4)(b) where the court finds
  810  the offense involved a victim under 12 years of age or sexual
  811  activity by the use of force or coercion;
  812         d. For a violation of s. 800.04(5)(b);
  813         e. For a violation of s. 800.04(5)c.2. where the court
  814  finds the offense involved unclothed genitals or genital area;
  815         f. For any attempt or conspiracy to commit any such
  816  offense; or
  817         g. For a violation of similar law of another jurisdiction,
  818  
  819  may petition the criminal division of the circuit court of the
  820  circuit in which the sexual offender resides for the purpose of
  821  removing the requirement for registration as a sexual offender.
  822         2. A sexual offender whose requirement to register was
  823  based upon an adult conviction for a violation of s. 787.02 or
  824  s. 827.071(5), for an attempt or conspiracy to commit any
  825  offense listed in this subparagraph, or for a violation of
  826  similar law of another jurisdiction may petition the criminal
  827  division of the circuit court of the circuit in which the sexual
  828  offender resides for the purpose of removing the requirement for
  829  registration as a sexual offender if:
  830         a. Fifteen years have elapsed since the beginning of the
  831  registration period for the sexual offender’s most recent
  832  conviction that required the offender to register;
  833         b. The sexual offender has not been convicted or
  834  adjudicated delinquent of a felony offense or of an offense
  835  punishable by more than 1 year of imprisonment during the 10
  836  years preceding the petition to the court;
  837         c. The sexual offender has successfully completed all
  838  sanctions imposed for all offenses that required the offender to
  839  register; and
  840         d. For sexual offenders whose requirement to register is
  841  based upon a conviction in another state, the sexual offender is
  842  not required to register as a sexual offender pursuant to the
  843  laws of the state in which the conviction occurred. Such an
  844  offender must provide the court written confirmation that he or
  845  she is not required to register in the state in which the
  846  conviction occurred.
  847         3. A sexual offender required to register under sub
  848  subparagraph (1)(a)1.d. may petition the criminal division of
  849  the circuit court of the circuit in which the sexual offender
  850  resides for the purpose of removing the requirement for
  851  registration as a sexual offender if:
  852         a. Twenty-five years have elapsed since the beginning of
  853  the registration period for the sexual offender’s most recent
  854  conviction that required the offender to register;
  855         b. The sexual offender has not been convicted or
  856  adjudicated delinquent of any felony offense or of an offense
  857  punishable by more than 1 year of imprisonment during the 25
  858  years preceding the petition to the court; and
  859         c. The sexual offender has successfully completed all
  860  sanctions imposed for all offenses that required the offender to
  861  register.
  862         4.2. The court may grant or deny relief if the offender
  863  demonstrates to the court that he or she has not been arrested
  864  for any crime since release; the requested relief complies with
  865  this paragraph, the provisions of the federal Adam Walsh Child
  866  Protection and Safety Act of 2006, and any other federal
  867  standards applicable to the removal of registration requirements
  868  for a sexual offender or required to be met as a condition for
  869  the receipt of federal funds by the state; and the court is
  870  otherwise satisfied that the offender is not a current or
  871  potential threat to public safety. The state attorney in the
  872  circuit in which the petition is filed and the department must
  873  be given notice of the petition at least 3 weeks before the
  874  hearing on the matter. The state attorney may present evidence
  875  in opposition to the requested relief or may otherwise
  876  demonstrate the reasons why the petition should be denied. If
  877  the court grants the petition, the court shall instruct the
  878  petitioner to provide the department with a certified copy of
  879  the order granting relief. If the court denies the petition, the
  880  court may set a future date at which the sexual offender may
  881  again petition the court for relief, subject to the standards
  882  for relief provided in this subsection.
  883         5.3. The department shall remove an offender from
  884  classification as a sexual offender for purposes of registration
  885  if the offender provides to the department a certified copy of
  886  the court’s written findings or order that indicates that the
  887  offender is no longer required to comply with the requirements
  888  for registration as a sexual offender.
  889         6. For purposes of this paragraph:
  890         a. The registration period of a sexual offender sentenced
  891  to a term of incarceration or committed to a residential program
  892  begins upon the offender’s release from incarceration or
  893  commitment for the most recent conviction that required the
  894  offender to register.
  895         b. A sexual offender’s registration period is tolled during
  896  any period in which the offender is incarcerated, civilly
  897  committed, detained pursuant to chapter 985, or committed to a
  898  residential program.
  899         (b) A sexual offender as defined in sub-subparagraph
  900  (1)(a)1.b. must maintain registration with the department for
  901  the duration of his or her life until the person provides the
  902  department with an order issued by the court that designated the
  903  person as a sexual predator, as a sexually violent predator, or
  904  by another sexual offender designation in the state or
  905  jurisdiction in which the order was issued which states that
  906  such designation has been removed or demonstrates to the
  907  department that such designation, if not imposed by a court, has
  908  been removed by operation of law or court order in the state or
  909  jurisdiction in which the designation was made, and provided
  910  such person no longer meets the criteria for registration as a
  911  sexual offender under the laws of this state.
  912         (14)
  913         (c) The sheriff’s office may determine the appropriate
  914  times and days for reporting by the sexual offender, which must
  915  shall be consistent with the reporting requirements of this
  916  subsection. Reregistration must shall include any changes to the
  917  following information:
  918         1. Name; social security number; age; race; sex; date of
  919  birth; height; weight; hair and eye color; address of any
  920  permanent residence and address of any current temporary
  921  residence, within the state or out of state, including a rural
  922  route address and a post office box; if no permanent or
  923  temporary address, any transient residence within the state;
  924  address, location or description, and dates of any current or
  925  known future temporary residence within the state or out of
  926  state; all any electronic mail addresses or Internet identifiers
  927  address and any instant message name required to be provided
  928  pursuant to paragraph (4)(d); all home telephone numbers and
  929  number and any cellular telephone numbers number; date and place
  930  of any employment; the vehicle make, model, color, registration
  931  number, and license tag number of all vehicles that are owned by
  932  the sexual offender and all vehicles that are owned by a person
  933  who resides at the sexual offender’s residence and that may be
  934  operated by the sexual offender; fingerprints; palm prints; and
  935  photograph. A post office box may shall not be provided in lieu
  936  of a physical residential address. The sexual offender shall
  937  also produce his or her passport, if he or she has a passport,
  938  and, if he or she is an alien, shall produce or provide
  939  information about documents establishing his or her immigration
  940  status. The sexual offender shall also provide information about
  941  any professional licenses he or she has.
  942         2. If the sexual offender is enrolled, volunteering,
  943  employed, or carrying on a vocation at an institution of higher
  944  education in this state, the sexual offender shall also provide
  945  to the department the name, address, and county of each
  946  institution, including each campus attended, and the sexual
  947  offender’s enrollment, volunteer, or employment status.
  948         3. If the sexual offender’s place of residence is a motor
  949  vehicle, trailer, mobile home, or manufactured home, as defined
  950  in chapter 320, the sexual offender shall also provide the
  951  vehicle identification number; the license tag number; the
  952  registration number; and a description, including color scheme,
  953  of the motor vehicle, trailer, mobile home, or manufactured
  954  home. If the sexual offender’s place of residence is a vessel,
  955  live-aboard vessel, or houseboat, as defined in chapter 327, the
  956  sexual offender shall also provide the hull identification
  957  number; the manufacturer’s serial number; the name of the
  958  vessel, live-aboard vessel, or houseboat; the registration
  959  number; and a description, including color scheme, of the
  960  vessel, live-aboard vessel or houseboat.
  961         4. Any sexual offender who fails to report in person as
  962  required at the sheriff’s office, or who fails to respond to any
  963  address verification correspondence from the department within 3
  964  weeks of the date of the correspondence, or who fails to report
  965  all electronic mail addresses and all Internet identifiers prior
  966  to use or instant message names, or who knowingly provides false
  967  registration information by act or omission commits a felony of
  968  the third degree, punishable as provided in s. 775.082, s.
  969  775.083, or s. 775.084.
  970         Section 3. Section 943.04354, Florida Statutes, is amended
  971  to read:
  972         943.04354 Removal of the requirement to register as a
  973  sexual offender or sexual predator in special circumstances.—
  974         (1) For purposes of this section, a person shall be
  975  considered for removal of the requirement to register as a
  976  sexual offender or sexual predator only if the person:
  977         (a) Was or will be convicted, regardless of adjudication,
  978  or adjudicated delinquent of a violation of s. 794.011, s.
  979  800.04, s. 827.071, or s. 847.0135(5) or of a similar offense in
  980  another jurisdiction or the person committed a violation of s.
  981  794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
  982  adjudication of guilt was or will be withheld, and if the person
  983  does not have any other conviction, regardless of adjudication,
  984  or adjudication of delinquency, or withhold of adjudication of
  985  guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
  986  s. 847.0135(5) or for a similar offense in another jurisdiction;
  987         (b)1. Was convicted, regardless of adjudication, or
  988  adjudicated delinquent of an offense listed in paragraph (a) and
  989  is required to register as a sexual offender or sexual predator
  990  solely on the basis of this conviction or adjudication; or
  991  violation; and
  992         2. Was convicted, regardless of adjudication, or
  993  adjudicated delinquent of an offense in another jurisdiction
  994  which is similar to an offense listed in paragraph (a) and no
  995  longer meets the criteria for registration as a sexual offender
  996  or sexual predator under the laws of the jurisdiction in which
  997  the similar offense occurred; and
  998         (c) Is not more than 4 years older than the victim of this
  999  violation who was 13 14 years of age or older but younger not
 1000  more than 18 17 years of age at the time the person committed
 1001  this violation.
 1002         (2) If a person meets the criteria in subsection (1) and
 1003  the violation of s. 794.011, s. 800.04, s. 827.071, or s.
 1004  847.0135(5) was committed on or after July 1, 2007, the person
 1005  may move the criminal court of the circuit in which the offense
 1006  occurred or the sentencing court or, for persons convicted or
 1007  adjudicated delinquent of a qualifying offense in another
 1008  jurisdiction, the criminal court of the circuit in which the
 1009  person resides that will sentence or dispose of this violation
 1010  to remove the requirement that the person register as a sexual
 1011  offender or sexual predator. The person must allege in the
 1012  motion that he or she meets the criteria in subsection (1) and
 1013  that removal of the registration requirement will not conflict
 1014  with federal law. A person convicted or adjudicated delinquent
 1015  of an offense in another jurisdiction which is similar to an
 1016  offense listed in paragraph (1)(a) must provide the court
 1017  written confirmation that he or she is not required to register
 1018  in the jurisdiction in which the conviction or adjudication
 1019  occurred. The state attorney and the department must be given
 1020  notice of the motion at least 21 days before the date of
 1021  sentencing, or disposition of the this violation, or hearing on
 1022  the motion and may present evidence in opposition to the
 1023  requested relief or may otherwise demonstrate why the motion
 1024  should be denied. At sentencing, or disposition of the this
 1025  violation, or hearing on the motion, the court shall rule on the
 1026  this motion, and, if the court determines the person meets the
 1027  criteria in subsection (1) and the removal of the registration
 1028  requirement will not conflict with federal law, it may grant the
 1029  motion and order the removal of the registration requirement.
 1030  The court shall instruct the person to provide the department a
 1031  certified copy of the order granting relief. If the court denies
 1032  the motion, the person is not authorized under this section to
 1033  file another motion petition for removal of the registration
 1034  requirement.
 1035         (3)(a) This subsection applies to a person who:
 1036         1. Is not a person described in subsection (2) because the
 1037  violation of s. 794.011, s. 800.04, or s. 827.071 was not
 1038  committed on or after July 1, 2007;
 1039         2. Is subject to registration as a sexual offender or
 1040  sexual predator for a violation of s. 794.011, s. 800.04, or s.
 1041  827.071; and
 1042         3. Meets the criteria in subsection (1).
 1043         (b) A person may petition the court in which the sentence
 1044  or disposition for the violation of s. 794.011, s. 800.04, or s.
 1045  827.071 occurred for removal of the requirement to register as a
 1046  sexual offender or sexual predator. The person must allege in
 1047  the petition that he or she meets the criteria in subsection (1)
 1048  and removal of the registration requirement will not conflict
 1049  with federal law. The state attorney must be given notice of the
 1050  petition at least 21 days before the hearing on the petition and
 1051  may present evidence in opposition to the requested relief or
 1052  may otherwise demonstrate why the petition should be denied. The
 1053  court shall rule on the petition and, if the court determines
 1054  the person meets the criteria in subsection (1) and removal of
 1055  the registration requirement will not conflict with federal law,
 1056  it may grant the petition and order the removal of the
 1057  registration requirement. If the court denies the petition, the
 1058  person is not authorized under this section to file any further
 1059  petition for removal of the registration requirement.
 1060         (3)(4) If a person provides to the Department of Law
 1061  Enforcement a certified copy of the court’s order removing the
 1062  requirement that the person register as a sexual offender or
 1063  sexual predator for the violation of s. 794.011, s. 800.04, s.
 1064  827.071, or s. 847.0135(5), or a similar offense in another
 1065  jurisdiction, the registration requirement will not apply to the
 1066  person and the department shall remove all information about the
 1067  person from the public registry of sexual offenders and sexual
 1068  predators maintained by the department. However, the removal of
 1069  this information from the public registry does not mean that the
 1070  public is denied access to information about the person’s
 1071  criminal history or record that is otherwise available as a
 1072  public record.
 1073         Section 4. Subsections (2) and (3) of section 943.0437,
 1074  Florida Statutes, are amended to read:
 1075         943.0437 Commercial social networking websites.—
 1076         (2) The department may provide information relating to
 1077  electronic mail addresses and Internet identifiers instant
 1078  message names maintained as part of the sexual offender registry
 1079  to commercial social networking websites or third parties
 1080  designated by commercial social networking websites. The
 1081  commercial social networking website may use this information
 1082  for the purpose of comparing registered users and screening
 1083  potential users of the commercial social networking website
 1084  against the list of electronic mail addresses and Internet
 1085  identifiers instant message names provided by the department.
 1086         (3) This section does not shall not be construed to impose
 1087  any civil liability on a commercial social networking website
 1088  for:
 1089         (a) Any action voluntarily taken in good faith to remove or
 1090  disable any profile of a registered user associated with an
 1091  electronic mail address or Internet identifier instant message
 1092  name contained in the sexual offender registry.
 1093         (b) Any action taken to restrict access by such registered
 1094  user to the commercial social networking website.
 1095         Section 5. Paragraphs (b) and (d) of subsection (1) and
 1096  paragraph (a) of subsection (3) of section 944.606, Florida
 1097  Statutes, are amended to read:
 1098         944.606 Sexual offenders; notification upon release.—
 1099         (1) As used in this section:
 1100         (b) “Sexual offender” means a person who has been convicted
 1101  of committing, or attempting, soliciting, or conspiring to
 1102  commit, any of the criminal offenses proscribed in the following
 1103  statutes in this state or similar offenses in another
 1104  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1105  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1106  defendant is not the victim’s parent or guardian; s.
 1107  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
 1108  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1109  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1110  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1111  s. 916.1075(2); or s. 985.701(1); or any similar offense
 1112  committed in this state which has been redesignated from a
 1113  former statute number to one of those listed in this subsection,
 1114  when the department has received verified information regarding
 1115  such conviction; an offender’s computerized criminal history
 1116  record is not, in and of itself, verified information.
 1117         (d) “Internet identifier” has the same meaning as provided
 1118  in s. 775.21 “Instant message name” means an identifier that
 1119  allows a person to communicate in real time with another person
 1120  using the Internet.
 1121         (3)(a) The department shall must provide information
 1122  regarding any sexual offender who is being released after
 1123  serving a period of incarceration for any offense, as follows:
 1124         1. The department shall must provide: the sexual offender’s
 1125  name, any change in the offender’s name by reason of marriage or
 1126  other legal process, and any alias, if known; the correctional
 1127  facility from which the sexual offender is released; the sexual
 1128  offender’s social security number, race, sex, date of birth,
 1129  height, weight, and hair and eye color; address of any planned
 1130  permanent residence or temporary residence, within the state or
 1131  out of state, including a rural route address and a post office
 1132  box; if no permanent or temporary address, any transient
 1133  residence within the state; address, location or description,
 1134  and dates of any known future temporary residence within the
 1135  state or out of state; date and county of sentence and each
 1136  crime for which the offender was sentenced; a copy of the
 1137  offender’s fingerprints, palm prints, and a digitized photograph
 1138  taken within 60 days before release; the date of release of the
 1139  sexual offender; all any electronic mail addresses address and
 1140  all Internet identifiers any instant message name required to be
 1141  provided pursuant to s. 943.0435(4)(d); all and home telephone
 1142  numbers number and any cellular telephone numbers; information
 1143  about any professional licenses the offender has, if known; and
 1144  passport information, if he or she has a passport, and, if he or
 1145  she is an alien, information about documents establishing his or
 1146  her immigration status number. The department shall notify the
 1147  Department of Law Enforcement if the sexual offender escapes,
 1148  absconds, or dies. If the sexual offender is in the custody of a
 1149  private correctional facility, the facility shall take the
 1150  digitized photograph of the sexual offender within 60 days
 1151  before the sexual offender’s release and provide this photograph
 1152  to the Department of Corrections and also place it in the sexual
 1153  offender’s file. If the sexual offender is in the custody of a
 1154  local jail, the custodian of the local jail shall register the
 1155  offender within 3 business days after intake of the offender for
 1156  any reason and upon release, and shall notify the Department of
 1157  Law Enforcement of the sexual offender’s release and provide to
 1158  the Department of Law Enforcement the information specified in
 1159  this paragraph and any information specified in subparagraph 2.
 1160  that the Department of Law Enforcement requests.
 1161         2. The department may provide any other information deemed
 1162  necessary, including criminal and corrections records,
 1163  nonprivileged personnel and treatment records, when available.
 1164         Section 6. Paragraphs (a) and (f) of subsection (1),
 1165  subsection (4), and paragraph (c) of subsection (13) of section
 1166  944.607, Florida Statutes, are amended to read:
 1167         944.607 Notification to Department of Law Enforcement of
 1168  information on sexual offenders.—
 1169         (1) As used in this section, the term:
 1170         (a) “Sexual offender” means a person who is in the custody
 1171  or control of, or under the supervision of, the department or is
 1172  in the custody of a private correctional facility:
 1173         1. On or after October 1, 1997, as a result of a conviction
 1174  for committing, or attempting, soliciting, or conspiring to
 1175  commit, any of the criminal offenses proscribed in the following
 1176  statutes in this state or similar offenses in another
 1177  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1178  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1179  defendant is not the victim’s parent or guardian; s.
 1180  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
 1181  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1182  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1183  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1184  s. 916.1075(2); or s. 985.701(1); or any similar offense
 1185  committed in this state which has been redesignated from a
 1186  former statute number to one of those listed in this paragraph;
 1187  or
 1188         2. Who establishes or maintains a residence in this state
 1189  and who has not been designated as a sexual predator by a court
 1190  of this state but who has been designated as a sexual predator,
 1191  as a sexually violent predator, or by another sexual offender
 1192  designation in another state or jurisdiction and was, as a
 1193  result of such designation, subjected to registration or
 1194  community or public notification, or both, or would be if the
 1195  person were a resident of that state or jurisdiction, without
 1196  regard as to whether the person otherwise meets the criteria for
 1197  registration as a sexual offender.
 1198         (f) “Internet identifier” has the same meaning as provided
 1199  in s. 775.21 “Instant message name” means an identifier that
 1200  allows a person to communicate in real time with another person
 1201  using the Internet.
 1202         (4) A sexual offender, as described in this section, who is
 1203  under the supervision of the Department of Corrections but is
 1204  not incarcerated shall must register with the Department of
 1205  Corrections within 3 business days after sentencing for a
 1206  registrable offense and otherwise provide information as
 1207  required by this subsection.
 1208         (a) The sexual offender shall provide his or her name; date
 1209  of birth; social security number; race; sex; height; weight;
 1210  hair and eye color; tattoos or other identifying marks; all any
 1211  electronic mail addresses address and Internet identifiers any
 1212  instant message name required to be provided pursuant to s.
 1213  943.0435(4)(d); all home telephone numbers and cellular
 1214  telephone numbers; the make, model, color, registration number,
 1215  and license tag number of all vehicles that are owned by the
 1216  sexual offender and all vehicles that are owned by a person who
 1217  resides at the sexual offender’s residence and that may be
 1218  operated by the sexual offender; permanent or legal residence
 1219  and address of temporary residence within the state or out of
 1220  state while the sexual offender is under supervision in this
 1221  state, including any rural route address or post office box; if
 1222  no permanent or temporary address, any transient residence
 1223  within the state; and address, location or description, and
 1224  dates of any current or known future temporary residence within
 1225  the state or out of state. The sexual offender shall also
 1226  produce his or her passport, if he or she has a passport, and,
 1227  if he or she is an alien, shall produce or provide information
 1228  about documents establishing his or her immigration status. The
 1229  sexual offender shall also provide information about any
 1230  professional licenses he or she has. The Department of
 1231  Corrections shall verify the address of each sexual offender in
 1232  the manner described in ss. 775.21 and 943.0435. The department
 1233  shall report to the Department of Law Enforcement any failure by
 1234  a sexual predator or sexual offender to comply with registration
 1235  requirements.
 1236         (b) If the sexual offender is enrolled, employed,
 1237  volunteering, or carrying on a vocation at an institution of
 1238  higher education in this state, the sexual offender shall
 1239  provide the name, address, and county of each institution,
 1240  including each campus attended, and the sexual offender’s
 1241  enrollment, volunteer, or employment status. Each change in
 1242  enrollment, volunteer, or employment status must shall be
 1243  reported to the department within 48 hours after the change in
 1244  status. The Department of Corrections shall promptly notify each
 1245  institution of the sexual offender’s presence and any change in
 1246  the sexual offender’s enrollment, volunteer, or employment
 1247  status.
 1248         (13)
 1249         (c) The sheriff’s office may determine the appropriate
 1250  times and days for reporting by the sexual offender, which must
 1251  shall be consistent with the reporting requirements of this
 1252  subsection. Reregistration must shall include any changes to the
 1253  following information:
 1254         1. Name; social security number; age; race; sex; date of
 1255  birth; height; weight; hair and eye color; address of any
 1256  permanent residence and address of any current temporary
 1257  residence, within the state or out of state, including a rural
 1258  route address and a post office box; if no permanent or
 1259  temporary address, any transient residence; address, location or
 1260  description, and dates of any current or known future temporary
 1261  residence within the state or out of state; all any electronic
 1262  mail addresses and Internet identifiers address and any instant
 1263  message name required to be provided pursuant to s.
 1264  943.0435(4)(d); all home telephone numbers and cellular
 1265  telephone numbers; date and place of any employment; the vehicle
 1266  make, model, color, registration number, and license tag number
 1267  of all vehicles that are owned by the sexual offender and all
 1268  vehicles that are owned by a person who resides at the sexual
 1269  offender’s residence and that may be operated by the sexual
 1270  offender; fingerprints; palm prints; and photograph. A post
 1271  office box may shall not be provided in lieu of a physical
 1272  residential address. The sexual offender shall also produce his
 1273  or her passport, if he or she has a passport, and, if he or she
 1274  is an alien, shall produce or provide information about
 1275  documents establishing his or her immigration status. The sexual
 1276  offender shall also provide information about any professional
 1277  licenses he or she has.
 1278         2. If the sexual offender is enrolled, employed,
 1279  volunteering, or carrying on a vocation at an institution of
 1280  higher education in this state, the sexual offender shall also
 1281  provide to the department the name, address, and county of each
 1282  institution, including each campus attended, and the sexual
 1283  offender’s enrollment, volunteer, or employment status.
 1284         3. If the sexual offender’s place of residence is a motor
 1285  vehicle, trailer, mobile home, or manufactured home, as defined
 1286  in chapter 320, the sexual offender shall also provide the
 1287  vehicle identification number; the license tag number; the
 1288  registration number; and a description, including color scheme,
 1289  of the motor vehicle, trailer, mobile home, or manufactured
 1290  home. If the sexual offender’s place of residence is a vessel,
 1291  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1292  sexual offender shall also provide the hull identification
 1293  number; the manufacturer’s serial number; the name of the
 1294  vessel, live-aboard vessel, or houseboat; the registration
 1295  number; and a description, including color scheme, of the
 1296  vessel, live-aboard vessel or houseboat.
 1297         4. Any sexual offender who fails to report in person as
 1298  required at the sheriff’s office, or who fails to respond to any
 1299  address verification correspondence from the department within 3
 1300  weeks of the date of the correspondence, or who fails to report
 1301  all electronic mail addresses or Internet identifiers prior to
 1302  use or instant message names, or who knowingly provides false
 1303  registration information by act or omission commits a felony of
 1304  the third degree, punishable as provided in s. 775.082, s.
 1305  775.083, or s. 775.084.
 1306         Section 7. Paragraph (a) of subsection (3) of section
 1307  985.481, Florida Statutes, is amended to read:
 1308         985.481 Sexual offenders adjudicated delinquent;
 1309  notification upon release.—
 1310         (3)(a) The department shall must provide information
 1311  regarding any sexual offender who is being released after
 1312  serving a period of residential commitment under the department
 1313  for any offense, as follows:
 1314         1. The department shall must provide the sexual offender’s
 1315  name, any change in the offender’s name by reason of marriage or
 1316  other legal process, and any alias, if known; the correctional
 1317  facility from which the sexual offender is released; the sexual
 1318  offender’s social security number, race, sex, date of birth,
 1319  height, weight, and hair and eye color; the make, model, color,
 1320  registration number, and license tag number of all vehicles
 1321  owned by the sexual offender and all vehicles that are owned by
 1322  a person who resides at the sexual offender’s residence and that
 1323  may be operated by the sexual offender, if known; address of any
 1324  planned permanent residence or temporary residence, within the
 1325  state or out of state, including a rural route address and a
 1326  post office box; if no permanent or temporary address, any
 1327  transient residence within the state; address, location or
 1328  description, and dates of any known future temporary residence
 1329  within the state or out of state; date and county of disposition
 1330  and each crime for which there was a disposition; a copy of the
 1331  offender’s fingerprints and a digitized photograph taken within
 1332  60 days before release; the date of release of the sexual
 1333  offender; all and home telephone numbers number and any cellular
 1334  telephone numbers; information about any professional licenses
 1335  the offender has, if known; and passport information, if he or
 1336  she has a passport, and, if he or she is an alien, information
 1337  about documents establishing his or her immigration status
 1338  number. The department shall notify the Department of Law
 1339  Enforcement if the sexual offender escapes, absconds, or dies.
 1340  If the sexual offender is in the custody of a private
 1341  correctional facility, the facility shall take the digitized
 1342  photograph of the sexual offender within 60 days before the
 1343  sexual offender’s release and also place it in the sexual
 1344  offender’s file. If the sexual offender is in the custody of a
 1345  local jail, the custodian of the local jail shall register the
 1346  offender within 3 business days after intake of the offender for
 1347  any reason and upon release, and shall notify the Department of
 1348  Law Enforcement of the sexual offender’s release and provide to
 1349  the Department of Law Enforcement the information specified in
 1350  this subparagraph and any information specified in subparagraph
 1351  2. which the Department of Law Enforcement requests.
 1352         2. The department may provide any other information
 1353  considered necessary, including criminal and delinquency
 1354  records, when available.
 1355         Section 8. Subsection (4) and paragraph (b) of subsection
 1356  (13) of section 985.4815, Florida Statutes, are amended to read:
 1357         985.4815 Notification to Department of Law Enforcement of
 1358  information on juvenile sexual offenders.—
 1359         (4) A sexual offender, as described in this section, who is
 1360  under the supervision of the department but who is not committed
 1361  shall must register with the department within 3 business days
 1362  after adjudication and disposition for a registrable offense and
 1363  otherwise provide information as required by this subsection.
 1364         (a) The sexual offender shall provide his or her name; date
 1365  of birth; social security number; race; sex; height; weight;
 1366  hair and eye color; tattoos or other identifying marks; the
 1367  make, model, color, registration number, and license tag number
 1368  of all vehicles that are owned by the sexual offender and all
 1369  vehicles that are owned by a person who resides at the sexual
 1370  offender’s resides and that may be used by the sexual offender;
 1371  permanent or legal residence and address of temporary residence
 1372  within the state or out of state while the sexual offender is in
 1373  the care or custody or under the jurisdiction or supervision of
 1374  the department in this state, including any rural route address
 1375  or post office box; if no permanent or temporary address, any
 1376  transient residence; address, location or description, and dates
 1377  of any current or known future temporary residence within the
 1378  state or out of state; and the name and address of each school
 1379  attended. The sexual offender shall also produce his or her
 1380  passport, if he or she has a passport, and, if he or she is an
 1381  alien, shall produce or provide information about documents
 1382  establishing his or her immigration status. The offender shall
 1383  also provide information about any professional licenses he or
 1384  she has. The department shall verify the address of each sexual
 1385  offender and shall report to the Department of Law Enforcement
 1386  any failure by a sexual offender to comply with registration
 1387  requirements.
 1388         (b) If the sexual offender is enrolled, employed,
 1389  volunteering, or carrying on a vocation at an institution of
 1390  higher education in this state, the sexual offender shall
 1391  provide the name, address, and county of each institution,
 1392  including each campus attended, and the sexual offender’s
 1393  enrollment, volunteer, or employment status. Each change in
 1394  enrollment, volunteer, or employment status must shall be
 1395  reported to the department within 48 hours after the change in
 1396  status. The department shall promptly notify each institution of
 1397  the sexual offender’s presence and any change in the sexual
 1398  offender’s enrollment, volunteer, or employment status.
 1399         (13)
 1400         (b) The sheriff’s office may determine the appropriate
 1401  times and days for reporting by the sexual offender, which must
 1402  shall be consistent with the reporting requirements of this
 1403  subsection. Reregistration must shall include any changes to the
 1404  following information:
 1405         1. Name; social security number; age; race; sex; date of
 1406  birth; height; weight; hair and eye color; fingerprints; palm
 1407  prints; address of any permanent residence and address of any
 1408  current temporary residence, within the state or out of state,
 1409  including a rural route address and a post office box; if no
 1410  permanent or temporary address, any transient residence;
 1411  address, location or description, and dates of any current or
 1412  known future temporary residence within the state or out of
 1413  state; passport information, if he or she has a passport, and,
 1414  if he or she is an alien, information about documents
 1415  establishing his or her immigration status; name and address of
 1416  each school attended; date and place of any employment; the
 1417  vehicle make, model, color, registration number, and license tag
 1418  number of all vehicles that are owned by the sexual offender and
 1419  all vehicles that are owned by a person who resides at the
 1420  sexual offender’s residence and that may be used by the sexual
 1421  offender; fingerprints; and photograph. A post office box may
 1422  shall not be provided in lieu of a physical residential address.
 1423  The offender shall also provide information about any
 1424  professional licenses he or she has.
 1425         2. If the sexual offender is enrolled, employed,
 1426  volunteering, or carrying on a vocation at an institution of
 1427  higher education in this state, the sexual offender shall also
 1428  provide to the department the name, address, and county of each
 1429  institution, including each campus attended, and the sexual
 1430  offender’s enrollment, volunteer, or employment status.
 1431         3. If the sexual offender’s place of residence is a motor
 1432  vehicle, trailer, mobile home, or manufactured home, as defined
 1433  in chapter 320, the sexual offender shall also provide the
 1434  vehicle identification number; the license tag number; the
 1435  registration number; and a description, including color scheme,
 1436  of the motor vehicle, trailer, mobile home, or manufactured
 1437  home. If the sexual offender’s place of residence is a vessel,
 1438  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1439  sexual offender shall also provide the hull identification
 1440  number; the manufacturer’s serial number; the name of the
 1441  vessel, live-aboard vessel, or houseboat; the registration
 1442  number; and a description, including color scheme, of the
 1443  vessel, live-aboard vessel, or houseboat.
 1444         4. Any sexual offender who fails to report in person as
 1445  required at the sheriff’s office, or who fails to respond to any
 1446  address verification correspondence from the department within 3
 1447  weeks after the date of the correspondence, or who knowingly
 1448  provides false registration information by act or omission
 1449  commits a felony of the third degree, punishable as provided in
 1450  ss. 775.082, 775.083, and 775.084.
 1451         Section 9. Paragraphs (g) and (i) of subsection (3) of
 1452  section 921.0022, Florida Statutes, are amended to read:
 1453         921.0022 Criminal Punishment Code; offense severity ranking
 1454  chart.—
 1455         (3) OFFENSE SEVERITY RANKING CHART
 1456         (g) LEVEL 7
 1457  
 1458  FloridaStatute           FelonyDegree         Description         
 1459  316.027(1)(b)                 1st     Accident involving death, failure to stop; leaving scene.
 1460  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 1461  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1462  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 1463  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1464  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 1465  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 1466  456.065(2)                    3rd     Practicing a health care profession without a license.
 1467  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 1468  458.327(1)                    3rd     Practicing medicine without a license.
 1469  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 1470  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 1471  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 1472  462.17                        3rd     Practicing naturopathy without a license.
 1473  463.015(1)                    3rd     Practicing optometry without a license.
 1474  464.016(1)                    3rd     Practicing nursing without a license.
 1475  465.015(2)                    3rd     Practicing pharmacy without a license.
 1476  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 1477  467.201                       3rd     Practicing midwifery without a license.
 1478  468.366                       3rd     Delivering respiratory care services without a license.
 1479  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 1480  483.901(9)                    3rd     Practicing medical physics without a license.
 1481  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 1482  484.053                       3rd     Dispensing hearing aids without a license.
 1483  494.0018(2)                   1st     Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 1484  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 1485  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1486  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1487  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
 1488  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 1489  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1490  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1491  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1492  782.071                       2nd     Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1493  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1494  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1495  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 1496  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 1497  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 1498  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 1499  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 1500  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 1501  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 1502  784.081(1)                    1st     Aggravated battery on specified official or employee.
 1503  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 1504  784.083(1)                    1st     Aggravated battery on code inspector.
 1505  787.06(3)(a)                  1st     Human trafficking using coercion for labor and services.
 1506  787.06(3)(e)                  1st     Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
 1507  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1508  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 1509  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 1510  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1511  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1512  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1513  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1514  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 1515  796.03                        2nd     Procuring any person under 18 16 years for prostitution.
 1516  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
 1517  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
 1518  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 1519  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 1520  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1521  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 1522  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 1523  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 1524  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1525  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 1526  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 1527  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 1528  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1529  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 1530  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 1531  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 1532  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 1533  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 1534  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 1535  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 1536  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 1537  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1538  825.103(2)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
 1539  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 1540  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 1541  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 1542  838.015                       2nd     Bribery.                    
 1543  838.016                       2nd     Unlawful compensation or reward for official behavior.
 1544  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 1545  838.22                        2nd     Bid tampering.              
 1546  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 1547  843.0855(3)                   3rd     Unlawful simulation of legal process.
 1548  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 1549  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1550  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 1551  872.06                        2nd     Abuse of a dead human body. 
 1552  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 1553  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1554  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1555  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 1556  893.13(4)(a)                  1st     Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 1557  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1558  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1559  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1560  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 1561  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 1562  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 1563  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1564  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1565  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1566  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1567  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 1568  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 1569  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1570  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1571  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1572  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 1573  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1574  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1575  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 1576  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1577  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1578  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1579  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 1580  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1581  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1582         (i) LEVEL 9
 1583  
 1584  FloridaStatute      FelonyDegree             Description             
 1585  316.193 (3)(c)3.b.     1st    DUI manslaughter; failing to render aid or give information.
 1586  327.35(3)(c)3.b.       1st    BUI manslaughter; failing to render aid or give information.
 1587  409.920 (2)(b)1.c.     1st    Medicaid provider fraud; $50,000 or more.
 1588  499.0051(9)            1st    Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 1589  560.123(8)(b)3.        1st    Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 1590  560.125(5)(c)          1st    Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 1591  655.50(10)(b)3.        1st    Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 1592  775.0844               1st    Aggravated white collar crime.       
 1593  782.04(1)              1st    Attempt, conspire, or solicit to commit premeditated murder.
 1594  782.04(3)            1st,PBL  Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
 1595  782.051(1)             1st    Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 1596  782.07(2)              1st    Aggravated manslaughter of an elderly person or disabled adult.
 1597  787.01(1)(a)1.       1st,PBL  Kidnapping; hold for ransom or reward or as a shield or hostage.
 1598  787.01(1)(a)2.       1st,PBL  Kidnapping with intent to commit or facilitate commission of any felony.
 1599  787.01(1)(a)4.       1st,PBL  Kidnapping with intent to interfere with performance of any governmental or political function.
 1600  787.02(3)(a)         1st,PBL  False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 1601  787.06(3)(d)           1st    Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
 1602  787.06(3)(g)         1st,PBL  Human trafficking for commercial sexual activity of a child under the age of 18.
 1603  787.06(4)              1st    Selling or buying of minors into human trafficking.
 1604  790.161                1st    Attempted capital destructive device offense.
 1605  790.166(2)           1st,PBL  Possessing, selling, using, or attempting to use a weapon of mass destruction.
 1606  794.011(2)             1st    Attempted sexual battery; victim less than 12 years of age.
 1607  794.011(2)             Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 1608  794.011(4)             1st    Sexual battery; victim 12 years or older, certain circumstances.
 1609  794.011(8)(b)          1st    Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 1610  794.08(2)              1st    Female genital mutilation; victim younger than 18 years of age.
 1611  796.035                1st    Selling or buying of minors into prostitution.
 1612  800.04(5)(b)           Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 1613  812.13(2)(a)         1st,PBL  Robbery with firearm or other deadly weapon.
 1614  812.133(2)(a)        1st,PBL  Carjacking; firearm or other deadly weapon.
 1615  812.135(2)(b)          1st    Home-invasion robbery with weapon.   
 1616  817.535(3)(b)          1st    Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 1617  817.535(4)(a)2.        1st    Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 1618  817.535(5)(b)          1st    Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
 1619  817.568(7)           2nd,PBL  Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 1620  827.03(2)(a)           1st    Aggravated child abuse.              
 1621  847.0145(1)            1st    Selling, or otherwise transferring custody or control, of a minor.
 1622  847.0145(2)            1st    Purchasing, or otherwise obtaining custody or control, of a minor.
 1623  859.01                 1st    Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 1624  893.135                1st    Attempted capital trafficking offense.
 1625  893.135(1)(a)3.        1st    Trafficking in cannabis, more than 10,000 lbs.
 1626  893.135 (1)(b)1.c.     1st    Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 1627  893.135 (1)(c)1.c.     1st    Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 1628  893.135 (1)(d)1.c.     1st    Trafficking in phencyclidine, more than 400 grams.
 1629  893.135 (1)(e)1.c.     1st    Trafficking in methaqualone, more than 25 kilograms.
 1630  893.135 (1)(f)1.c.     1st    Trafficking in amphetamine, more than 200 grams.
 1631  893.135 (1)(h)1.c.     1st    Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 1632  893.135 (1)(j)1.c.     1st    Trafficking in 1,4-Butanediol, 10 kilograms or more.
 1633  893.135 (1)(k)2.c.     1st    Trafficking in Phenethylamines, 400 grams or more.
 1634  896.101(5)(c)          1st    Money laundering, financial instruments totaling or exceeding $100,000.
 1635  896.104(4)(a)3.        1st    Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 1636         Section 10. This act shall take effect October 1, 2014.