Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 526
       
       
       
       
       
       
                                Ì442960)Î442960                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             03/04/2014 02:47 PM       .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1015 and 1016
    4  insert:
    5         Section 10. Paragraph (a) of subsection (1), paragraph (a)
    6  of subsection (11), and paragraph (b) of subsection (14) of
    7  section 943.0435, Florida Statutes, is amended to read:
    8         943.0435 Sexual offenders required to register with the
    9  department; penalty.—
   10         (1) As used in this section, the term:
   11         (a)1. “Sexual offender” means a person who meets the
   12  criteria in sub-subparagraph a., sub-subparagraph b., sub
   13  subparagraph c., or sub-subparagraph d., as follows:
   14         a.(I) Has been convicted of committing, or attempting,
   15  soliciting, or conspiring to commit, any of the criminal
   16  offenses proscribed in the following statutes in this state or
   17  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
   18  or s. 787.025(2)(c), where the victim is a minor and the
   19  defendant is not the victim’s parent or guardian; s.
   20  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
   21  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
   22  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
   23  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
   24  or s. 985.701(1); or any similar offense committed in this state
   25  which has been redesignated from a former statute number to one
   26  of those listed in this sub-sub-subparagraph; and
   27         (II) Has been released on or after October 1, 1997, from
   28  the sanction imposed for any conviction of an offense described
   29  in sub-sub-subparagraph (I). For purposes of sub-sub
   30  subparagraph (I), a sanction imposed in this state or in any
   31  other jurisdiction includes, but is not limited to, a fine,
   32  probation, community control, parole, conditional release,
   33  control release, or incarceration in a state prison, federal
   34  prison, private correctional facility, or local detention
   35  facility;
   36         b. Establishes or maintains a residence in this state and
   37  who has not been designated as a sexual predator by a court of
   38  this state but who has been designated as a sexual predator, as
   39  a sexually violent predator, or by another sexual offender
   40  designation in another state or jurisdiction and was, as a
   41  result of such designation, subjected to registration or
   42  community or public notification, or both, or would be if the
   43  person were a resident of that state or jurisdiction, without
   44  regard to whether the person otherwise meets the criteria for
   45  registration as a sexual offender;
   46         c. Establishes or maintains a residence in this state who
   47  is in the custody or control of, or under the supervision of,
   48  any other state or jurisdiction as a result of a conviction for
   49  committing, or attempting, soliciting, or conspiring to commit,
   50  any of the criminal offenses proscribed in the following
   51  statutes or similar offense in another jurisdiction: s. 787.01,
   52  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
   53  the defendant is not the victim’s parent or guardian; s.
   54  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
   55  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
   56  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
   57  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
   58  or s. 985.701(1); or any similar offense committed in this state
   59  which has been redesignated from a former statute number to one
   60  of those listed in this sub-subparagraph; or
   61         d. On or after July 1, 2007, has been adjudicated
   62  delinquent for committing, or attempting, soliciting, or
   63  conspiring to commit, any of the criminal offenses proscribed in
   64  the following statutes in this state or similar offenses in
   65  another jurisdiction when the juvenile was 14 years of age or
   66  older at the time of the offense:
   67         (I) Section 794.011, excluding s. 794.011(10);
   68         (II) Section 800.04(4)(a)2. 800.04(4)(b) where the victim
   69  is under 12 years of age or where the court finds sexual
   70  activity by the use of force or coercion;
   71         (III) Section 800.04(5)(c)1. where the court finds
   72  molestation involving unclothed genitals; or
   73         (IV) Section 800.04(5)(d) where the court finds the use of
   74  force or coercion and unclothed genitals.
   75         2. For all qualifying offenses listed in sub-subparagraph
   76  (1)(a)1.d., the court shall make a written finding of the age of
   77  the offender at the time of the offense.
   78  
   79  For each violation of a qualifying offense listed in this
   80  subsection, the court shall make a written finding of the age of
   81  the victim at the time of the offense. For a violation of s.
   82  800.04(4), the court shall additionally make a written finding
   83  indicating that the offense did or did not involve sexual
   84  activity and indicating that the offense did or did not involve
   85  force or coercion. For a violation of s. 800.04(5), the court
   86  shall additionally make a written finding that the offense did
   87  or did not involve unclothed genitals or genital area and that
   88  the offense did or did not involve the use of force or coercion.
   89         (11) Except as provided in s. 943.04354, a sexual offender
   90  must maintain registration with the department for the duration
   91  of his or her life, unless the sexual offender has received a
   92  full pardon or has had a conviction set aside in a
   93  postconviction proceeding for any offense that meets the
   94  criteria for classifying the person as a sexual offender for
   95  purposes of registration. However, a sexual offender:
   96         (a)1. Who has been lawfully released from confinement,
   97  supervision, or sanction, whichever is later, for at least 25
   98  years and has not been arrested for any felony or misdemeanor
   99  offense since release, provided that the sexual offender’s
  100  requirement to register was not based upon an adult conviction:
  101         a. For a violation of s. 787.01 or s. 787.02;
  102         b. For a violation of s. 794.011, excluding s. 794.011(10);
  103         c. For a violation of 800.04(4)(a)2. s. 800.04(4)(b) where
  104  the court finds the offense involved a victim under 12 years of
  105  age or sexual activity by the use of force or coercion;
  106         d. For a violation of s. 800.04(5)(b);
  107         e. For a violation of s. 800.04(5)c.2. where the court
  108  finds the offense involved unclothed genitals or genital area;
  109         f. For any attempt or conspiracy to commit any such
  110  offense; or
  111         g. For a violation of similar law of another jurisdiction,
  112  
  113  may petition the criminal division of the circuit court of the
  114  circuit in which the sexual offender resides for the purpose of
  115  removing the requirement for registration as a sexual offender.
  116         2. The court may grant or deny relief if the offender
  117  demonstrates to the court that he or she has not been arrested
  118  for any crime since release; the requested relief complies with
  119  the provisions of the federal Adam Walsh Child Protection and
  120  Safety Act of 2006 and any other federal standards applicable to
  121  the removal of registration requirements for a sexual offender
  122  or required to be met as a condition for the receipt of federal
  123  funds by the state; and the court is otherwise satisfied that
  124  the offender is not a current or potential threat to public
  125  safety. The state attorney in the circuit in which the petition
  126  is filed must be given notice of the petition at least 3 weeks
  127  before the hearing on the matter. The state attorney may present
  128  evidence in opposition to the requested relief or may otherwise
  129  demonstrate the reasons why the petition should be denied. If
  130  the court denies the petition, the court may set a future date
  131  at which the sexual offender may again petition the court for
  132  relief, subject to the standards for relief provided in this
  133  subsection.
  134         3. The department shall remove an offender from
  135  classification as a sexual offender for purposes of registration
  136  if the offender provides to the department a certified copy of
  137  the court’s written findings or order that indicates that the
  138  offender is no longer required to comply with the requirements
  139  for registration as a sexual offender.
  140         (14)
  141         (b) However, a sexual offender who is required to register
  142  as a result of a conviction for:
  143         1. Section 787.01 or s. 787.02 where the victim is a minor
  144  and the offender is not the victim’s parent or guardian;
  145         2. Section 794.011, excluding s. 794.011(10);
  146         3. Section 800.04(4)(a)2. 800.04(4)(b) where the court
  147  finds the offense involved a victim under 12 years of age or
  148  sexual activity by the use of force or coercion;
  149         4. Section 800.04(5)(b);
  150         5. Section 800.04(5)(c)1. where the court finds molestation
  151  involving unclothed genitals or genital area;
  152         6. Section 800.04(5)c.2. where the court finds molestation
  153  involving unclothed genitals or genital area;
  154         7. Section 800.04(5)(d) where the court finds the use of
  155  force or coercion and unclothed genitals or genital area;
  156         8. Any attempt or conspiracy to commit such offense; or
  157         9. A violation of a similar law of another jurisdiction,
  158  
  159  must reregister each year during the month of the sexual
  160  offender’s birthday and every third month thereafter.
  161         Section 11. Paragraph (b) of subsection (13) of section
  162  944.607, Florida Statutes, is amended to read:
  163         944.607 Notification to Department of Law Enforcement of
  164  information on sexual offenders.—
  165         (13)
  166         (b) However, a sexual offender who is required to register
  167  as a result of a conviction for:
  168         1. Section 787.01 or s. 787.02 where the victim is a minor
  169  and the offender is not the victim’s parent or guardian;
  170         2. Section 794.011, excluding s. 794.011(10);
  171         3. Section 800.04(4)(a)2. 800.04(4)(b) where the victim is
  172  under 12 years of age or where the court finds sexual activity
  173  by the use of force or coercion;
  174         4. Section 800.04(5)(b);
  175         5. Section 800.04(5)(c)1. where the court finds molestation
  176  involving unclothed genitals or genital area;
  177         6. Section 800.04(5)c.2. where the court finds molestation
  178  involving unclothed genitals or genital area;
  179         7. Section 800.04(5)(d) where the court finds the use of
  180  force or coercion and unclothed genitals or genital area;
  181         8. Any attempt or conspiracy to commit such offense; or
  182         9. A violation of a similar law of another jurisdiction,
  183  
  184  must reregister each year during the month of the sexual
  185  offender’s birthday and every third month thereafter.
  186  
  187  ================= T I T L E  A M E N D M E N T ================
  188  And the title is amended as follows:
  189         Delete line 36
  190  and insert:
  191         certain circumstances; amending s. 943.0435 and
  192         944.607, F.S.; conforming provisions to changes made
  193         by the act; amending s. 944.275, F.S.;