Florida Senate - 2020                             CS for SB 1552
       
       
        
       By the Committee on Criminal Justice; and Senator Flores
       
       
       
       
       
       591-03463-20                                          20201552c1
    1                        A bill to be entitled                      
    2         An act relating to law enforcement activities;
    3         amending s. 683.231, F.S.; authorizing a citizen
    4         support organization for Florida Missing Children’s
    5         Day to provide grants to law enforcement agencies for
    6         specified purposes; redefining the term “citizen
    7         support organization”; providing requirements for such
    8         grants and for the citizen support organization;
    9         amending ss. 775.21 and 943.0435, F.S.; authorizing
   10         sexual predators and sexual offenders to report online
   11         certain information to the Department of Law
   12         Enforcement; revising reporting requirements for
   13         sexual predators and sexual offenders; making
   14         technical changes; providing for consideration for
   15         removal of the requirement to register as a sexual
   16         offender under certain circumstances; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (7) of section 683.231, Florida
   22  Statutes, is renumbered as subsection (10), subsection (1),
   23  paragraph (b) of subsection (2), and subsection (4) are amended,
   24  and a new subsection (7) and subsections (8) and (9) are added
   25  to that section, to read:
   26         683.231 Citizen support organization for Florida Missing
   27  Children’s Day.—
   28         (1) The Department of Law Enforcement may establish a
   29  citizen support organization to provide assistance, funding, and
   30  promotional support for activities authorized for Florida
   31  Missing Children’s Day under s. 683.23 and to provide financial
   32  support to law enforcement agencies for missing and unidentified
   33  persons investigations and specialized training to support the
   34  resolution of such investigations through the issuance of
   35  grants.
   36         (2) As used in this section, the term “citizen support
   37  organization” means an organization that is:
   38         (b) Organized and operated to conduct programs and
   39  activities; raise funds; request and receive grants, gifts, and
   40  bequests of money; acquire, receive, hold, invest, and
   41  administer, in its own name, securities, funds, objects of
   42  value, or other property, either real or personal; and make
   43  expenditures to or for the direct or indirect benefit of the
   44  department in furtherance of Florida Missing Children’s Day and
   45  missing and unidentified persons investigations and specialized
   46  training to support the resolution of such investigations.
   47         (4) The citizen support organization is specifically
   48  authorized to collect and expend funds to be used for awards;
   49  public awareness and awards ceremonies, workshops, and other
   50  meetings, including distribution materials for public education
   51  and awareness; grants to assist missing and unidentified persons
   52  investigations and specialized training to support the
   53  resolution of such investigations; travel; Internet and web
   54  hosting services; administrative costs, including personnel
   55  costs; costs of audits; and costs of facilities rental.
   56         (7)The citizen support organization is authorized to
   57  create a grant program to provide financial support to law
   58  enforcement agencies for missing and unidentified persons
   59  investigations and specialized training to support the
   60  resolution of such investigations through the issuance of
   61  grants. The citizen support organization may raise and accept
   62  funds from any public or private source. The citizen support
   63  organization may establish criteria and set specific time
   64  periods for the acceptance of applications from local and state
   65  law enforcement agencies and for the selection process for
   66  awards. The citizen support organization shall make such
   67  criteria publicly available on its website.
   68         (8)The citizen support organization may not award grants
   69  if the president of the citizen support organization or the
   70  staff of the department reasonably believe that the citizen
   71  support organization has not yet met its obligations for funding
   72  Florida Missing Children’s Day. The total amount of grants
   73  awarded may not exceed funds available to the citizen support
   74  organization.
   75         (9)The citizen support organization shall manage the
   76  assignment and use of grants awarded. The department shall
   77  oversee these activities consistent with subsection (5).
   78         Section 2. Paragraphs (a), (g), and (i) of subsection (6)
   79  of section 775.21, Florida Statutes, are amended to read:
   80         775.21 The Florida Sexual Predators Act.—
   81         (6) REGISTRATION.—
   82         (a) A sexual predator shall register with the department
   83  through the sheriff’s office by providing the following
   84  information to the department:
   85         1. Name; social security number; age; race; sex; date of
   86  birth; height; weight; tattoos or other identifying marks; hair
   87  and eye color; photograph; address of legal residence and
   88  address of any current temporary residence, within the state or
   89  out of state, including a rural route address and a post office
   90  box; if no permanent or temporary address, any transient
   91  residence within the state; address, location or description,
   92  and dates of any current or known future temporary residence
   93  within the state or out of state; electronic mail addresses;
   94  Internet identifiers and each Internet identifier’s
   95  corresponding website homepage or application software name;
   96  home telephone numbers and cellular telephone numbers;
   97  employment information; the make, model, color, vehicle
   98  identification number (VIN), and license tag number of all
   99  vehicles owned; date and place of each conviction; fingerprints;
  100  palm prints; and a brief description of the crime or crimes
  101  committed by the offender. A post office box may not be provided
  102  in lieu of a physical residential address. The sexual predator
  103  shall produce his or her passport, if he or she has a passport,
  104  and, if he or she is an alien, shall produce or provide
  105  information about documents establishing his or her immigration
  106  status. The sexual predator shall also provide information about
  107  any professional licenses he or she has.
  108         a. Any change that occurs after the sexual predator
  109  registers in person at the sheriff’s office as provided in this
  110  subparagraph in any of the following information related to the
  111  sexual predator must be reported as provided in paragraphs (g),
  112  (i), and (j): permanent, temporary, or transient residence;
  113  name; electronic mail addresses; Internet identifiers and each
  114  Internet identifier’s corresponding website homepage or
  115  application software name; home and cellular telephone numbers;
  116  employment information; and status at an institution of higher
  117  education.
  118         b. If the sexual predator’s place of residence is a motor
  119  vehicle, trailer, mobile home, or manufactured home, as defined
  120  in chapter 320, the sexual predator shall also provide to the
  121  department written notice of the vehicle identification number;
  122  the license tag number; the registration number; and a
  123  description, including color scheme, of the motor vehicle,
  124  trailer, mobile home, or manufactured home. If a sexual
  125  predator’s place of residence is a vessel, live-aboard vessel,
  126  or houseboat, as defined in chapter 327, the sexual predator
  127  shall also provide to the department written notice of the hull
  128  identification number; the manufacturer’s serial number; the
  129  name of the vessel, live-aboard vessel, or houseboat; the
  130  registration number; and a description, including color scheme,
  131  of the vessel, live-aboard vessel, or houseboat.
  132         c. If the sexual predator is enrolled or employed, whether
  133  for compensation or as a volunteer, at an institution of higher
  134  education in this state, the sexual predator shall also provide
  135  to the department the name, address, and county of each
  136  institution, including each campus attended, and the sexual
  137  predator’s enrollment, volunteer, or employment status. The
  138  sheriff, the Department of Corrections, or the Department of
  139  Juvenile Justice shall promptly notify each institution of
  140  higher education of the sexual predator’s presence and any
  141  change in the sexual predator’s enrollment, volunteer, or
  142  employment status.
  143         d. A sexual predator shall report to the department through
  144  the department’s online system or in person to the sheriff’s
  145  office within 48 hours after any change in vehicles owned to
  146  report those vehicle information changes.
  147         2. Any other information determined necessary by the
  148  department, including criminal and corrections records;
  149  nonprivileged personnel and treatment records; and evidentiary
  150  genetic markers when available.
  151         (g)1. Each time a sexual predator’s driver license or
  152  identification card is subject to renewal, and, without regard
  153  to the status of the predator’s driver license or identification
  154  card, within 48 hours after any change of the predator’s
  155  residence or change in the predator’s name by reason of marriage
  156  or other legal process, the predator shall report in person to a
  157  driver license office and is subject to the requirements
  158  specified in paragraph (f). The Department of Highway Safety and
  159  Motor Vehicles shall forward to the department and to the
  160  Department of Corrections all photographs and information
  161  provided by sexual predators. Notwithstanding the restrictions
  162  set forth in s. 322.142, the Department of Highway Safety and
  163  Motor Vehicles may release a reproduction of a color-photograph
  164  or digital-image license to the Department of Law Enforcement
  165  for purposes of public notification of sexual predators as
  166  provided in this section. A sexual predator who is unable to
  167  secure or update a driver license or an identification card with
  168  the Department of Highway Safety and Motor Vehicles as provided
  169  in paragraph (f) and this paragraph shall also report any change
  170  of the predator’s residence or change in the predator’s name by
  171  reason of marriage or other legal process within 48 hours after
  172  the change to the sheriff’s office in the county where the
  173  predator resides or is located and provide confirmation that he
  174  or she reported such information to the Department of Highway
  175  Safety and Motor Vehicles. The reporting requirements under this
  176  subparagraph do not negate the requirement for a sexual predator
  177  to obtain a Florida driver license or identification card as
  178  required by this section.
  179         2.a. A sexual predator who vacates a permanent, temporary,
  180  or transient residence and fails to establish or maintain
  181  another permanent, temporary, or transient residence shall,
  182  within 48 hours after vacating the permanent, temporary, or
  183  transient residence, report in person to the sheriff’s office of
  184  the county in which he or she is located. The sexual predator
  185  shall specify the date upon which he or she intends to or did
  186  vacate such residence. The sexual predator shall provide or
  187  update all of the registration information required under
  188  paragraph (a). The sexual predator shall provide an address for
  189  the residence or other place that he or she is or will be
  190  located during the time in which he or she fails to establish or
  191  maintain a permanent or temporary residence.
  192         b. A sexual predator shall report in person at the
  193  sheriff’s office in the county in which he or she is located
  194  within 48 hours after establishing a transient residence and
  195  thereafter must report in person every 30 days to the sheriff’s
  196  office in the county in which he or she is located while
  197  maintaining a transient residence. The sexual predator must
  198  provide the addresses and locations where he or she maintains a
  199  transient residence. Each sheriff’s office shall establish
  200  procedures for reporting transient residence information and
  201  provide notice to transient registrants to report transient
  202  residence information as required in this sub-subparagraph.
  203  Reporting to the sheriff’s office as required by this sub
  204  subparagraph does not exempt registrants from any reregistration
  205  requirement. The sheriff may coordinate and enter into
  206  agreements with police departments and other governmental
  207  entities to facilitate additional reporting sites for transient
  208  residence registration required in this sub-subparagraph. The
  209  sheriff’s office shall, within 2 business days, electronically
  210  submit and update all information provided by the sexual
  211  predator to the department.
  212         3. A sexual predator who remains at a permanent, temporary,
  213  or transient residence after reporting his or her intent to
  214  vacate such residence shall, within 48 hours after the date upon
  215  which the predator indicated he or she would or did vacate such
  216  residence, report in person to the sheriff’s office to which he
  217  or she reported pursuant to subparagraph 2. for the purpose of
  218  reporting his or her address at such residence. When the sheriff
  219  receives the report, the sheriff shall promptly convey the
  220  information to the department. An offender who makes a report as
  221  required under subparagraph 2. but fails to make a report as
  222  required under this subparagraph commits a felony of the second
  223  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  224  775.084.
  225         4. The failure of a sexual predator who maintains a
  226  transient residence to report in person to the sheriff’s office
  227  every 30 days as required by sub-subparagraph 2.b. is punishable
  228  as provided in subsection (10).
  229         5.a. A sexual predator shall register all electronic mail
  230  addresses and Internet identifiers, and each Internet
  231  identifier’s corresponding website homepage or application
  232  software name, with the department through the department’s
  233  online system or in person at the sheriff’s office within 48
  234  hours after using such electronic mail addresses and Internet
  235  identifiers. If the sexual predator is in the custody or
  236  control, or under the supervision, of the Department of
  237  Corrections, he or she must report all electronic mail addresses
  238  and Internet identifiers, and each Internet identifier’s
  239  corresponding website homepage or application software name, to
  240  the Department of Corrections before using such electronic mail
  241  addresses or Internet identifiers. If the sexual predator is in
  242  the custody or control, or under the supervision, of the
  243  Department of Juvenile Justice, he or she must report all
  244  electronic mail addresses and Internet identifiers, and each
  245  Internet identifier’s corresponding website homepage or
  246  application software name, to the Department of Juvenile Justice
  247  before using such electronic mail addresses or Internet
  248  identifiers.
  249         b. A sexual predator shall register all changes to vehicles
  250  owned, all changes to home telephone numbers and cellular
  251  telephone numbers, including added and deleted numbers, all
  252  changes to employment information, and all changes in status
  253  related to enrollment, volunteering, or employment at
  254  institutions of higher education, through the department’s
  255  online system; in person at the sheriff’s office; in person at
  256  the Department of Corrections if the sexual predator is in the
  257  custody or control, or under the supervision, of the Department
  258  of Corrections; or in person at the Department of Juvenile
  259  Justice if the sexual predator is in the custody or control, or
  260  under the supervision, of the Department of Juvenile Justice.
  261  All changes required to be reported in this sub-subparagraph
  262  shall be reported within 48 hours after the change.
  263         c. The department shall establish an online system through
  264  which sexual predators may securely access, submit, and update
  265  all vehicles owned; electronic mail addresses; Internet
  266  identifiers and each Internet identifier’s corresponding website
  267  homepage or application software name; home telephone numbers
  268  and cellular telephone numbers; employment information; and
  269  institution of higher education information.
  270         (i) A sexual predator who intends to establish a permanent,
  271  temporary, or transient residence in another state or
  272  jurisdiction other than the State of Florida or intends to
  273  travel outside of the United States shall report in person to
  274  the sheriff of the county of current residence at least within
  275  48 hours before the date he or she intends to leave this state
  276  to establish residence in another state or jurisdiction or at
  277  least 21 days before the date he or she intends to travel if the
  278  intended residence of 5 days or more is outside of the United
  279  States. Any travel that is not known by the sexual predator 48
  280  hours before he or she intends to establish a residence in
  281  another state or jurisdiction or 21 days before the departure
  282  date for travel outside of the United States must be reported to
  283  the sheriff’s office as soon as possible before departure. The
  284  sexual predator shall provide to the sheriff the address,
  285  municipality, county, state, and country of intended residence.
  286  For international travel, the sexual predator shall also provide
  287  travel information, including, but not limited to, expected
  288  departure and return dates, flight numbers number, airports
  289  airport of departure and return, cruise ports port of departure
  290  and return, or any other means of intended travel. The sheriff
  291  shall promptly provide to the department the information
  292  received from the sexual predator. The department shall notify
  293  the statewide law enforcement agency, or a comparable agency, in
  294  the intended state, jurisdiction, or country of residence or the
  295  intended country of travel of the sexual predator’s intended
  296  residence or intended travel. The failure of a sexual predator
  297  to provide his or her intended place of residence or intended
  298  travel is punishable as provided in subsection (10).
  299         Section 3. Paragraph (b) of subsection (2), paragraph (e)
  300  of subsection (4), subsection (7), and paragraph (b) of
  301  subsection (11) of section 943.0435, Florida Statutes, are
  302  amended, and paragraph (c) is added to subsection (11) of that
  303  section, to read:
  304         943.0435 Sexual offenders required to register with the
  305  department; penalty.—
  306         (2) Upon initial registration, a sexual offender shall:
  307         (b) Provide his or her name; date of birth; social security
  308  number; race; sex; height; weight; hair and eye color; tattoos
  309  or other identifying marks; fingerprints; palm prints;
  310  photograph; employment information; address of permanent or
  311  legal residence or address of any current temporary residence,
  312  within the state or out of state, including a rural route
  313  address and a post office box; if no permanent or temporary
  314  address, any transient residence within the state, address,
  315  location or description, and dates of any current or known
  316  future temporary residence within the state or out of state; the
  317  make, model, color, vehicle identification number (VIN), and
  318  license tag number of all vehicles owned; home telephone numbers
  319  and cellular telephone numbers; electronic mail addresses;
  320  Internet identifiers and each Internet identifier’s
  321  corresponding website homepage or application software name;
  322  date and place of each conviction; and a brief description of
  323  the crime or crimes committed by the offender. A post office box
  324  may not be provided in lieu of a physical residential address.
  325  The sexual offender shall also produce his or her passport, if
  326  he or she has a passport, and, if he or she is an alien, shall
  327  produce or provide information about documents establishing his
  328  or her immigration status. The sexual offender shall also
  329  provide information about any professional licenses he or she
  330  has.
  331         1. If the sexual offender’s place of residence is a motor
  332  vehicle, trailer, mobile home, or manufactured home, as defined
  333  in chapter 320, the sexual offender shall also provide to the
  334  department through the sheriff’s office written notice of the
  335  vehicle identification number; the license tag number; the
  336  registration number; and a description, including color scheme,
  337  of the motor vehicle, trailer, mobile home, or manufactured
  338  home. If the sexual offender’s place of residence is a vessel,
  339  live-aboard vessel, or houseboat, as defined in chapter 327, the
  340  sexual offender shall also provide to the department written
  341  notice of the hull identification number; the manufacturer’s
  342  serial number; the name of the vessel, live-aboard vessel, or
  343  houseboat; the registration number; and a description, including
  344  color scheme, of the vessel, live-aboard vessel, or houseboat.
  345         2. If the sexual offender is enrolled or employed, whether
  346  for compensation or as a volunteer, at an institution of higher
  347  education in this state, the sexual offender shall also provide
  348  to the department the name, address, and county of each
  349  institution, including each campus attended, and the sexual
  350  offender’s enrollment, volunteer, or employment status. The
  351  sheriff, the Department of Corrections, or the Department of
  352  Juvenile Justice shall promptly notify each institution of
  353  higher education of the sexual offender’s presence and any
  354  change in the sexual offender’s enrollment, volunteer, or
  355  employment status.
  356         3. A sexual offender shall report to the department through
  357  the department’s online system or in person to the sheriff’s
  358  office within 48 hours after any change in vehicles owned to
  359  report those vehicle information changes.
  360  
  361  When a sexual offender reports at the sheriff’s office, the
  362  sheriff shall take a photograph, a set of fingerprints, and palm
  363  prints of the offender and forward the photographs, palm prints,
  364  and fingerprints to the department, along with the information
  365  provided by the sexual offender. The sheriff shall promptly
  366  provide to the department the information received from the
  367  sexual offender.
  368         (4)
  369         (e)1. A sexual offender shall register all electronic mail
  370  addresses and Internet identifiers, and each Internet
  371  identifier’s corresponding website homepage or application
  372  software name, with the department through the department’s
  373  online system or in person at the sheriff’s office within 48
  374  hours after using such electronic mail addresses and Internet
  375  identifiers. If the sexual offender is in the custody or
  376  control, or under the supervision, of the Department of
  377  Corrections, he or she must report all electronic mail addresses
  378  and Internet identifiers, and each Internet identifier’s
  379  corresponding website homepage or application software name, to
  380  the Department of Corrections before using such electronic mail
  381  addresses or Internet identifiers. If the sexual offender is in
  382  the custody or control, or under the supervision, of the
  383  Department of Juvenile Justice, he or she must report all
  384  electronic mail addresses and Internet identifiers, and each
  385  Internet identifier’s corresponding website homepage or
  386  application software name, to the Department of Juvenile Justice
  387  before using such electronic mail addresses or Internet
  388  identifiers.
  389         2. A sexual offender shall register all changes to vehicles
  390  owned, all changes to home telephone numbers and cellular
  391  telephone numbers, including added and deleted numbers, all
  392  changes to employment information, and all changes in status
  393  related to enrollment, volunteering, or employment at
  394  institutions of higher education, through the department’s
  395  online system; in person at the sheriff’s office; in person at
  396  the Department of Corrections if the sexual offender is in the
  397  custody or control, or under the supervision, of the Department
  398  of Corrections; or in person at the Department of Juvenile
  399  Justice if the sexual offender is in the custody or control, or
  400  under the supervision, of the Department of Juvenile Justice.
  401  All changes required to be reported under this subparagraph must
  402  be reported within 48 hours after the change.
  403         3. The department shall establish an online system through
  404  which sexual offenders may securely access, submit, and update
  405  all changes in status to vehicles owned; electronic mail
  406  addresses; Internet identifiers and each Internet identifier’s
  407  corresponding website homepage or application software name;
  408  home telephone numbers and cellular telephone numbers;
  409  employment information; and institution of higher education
  410  information.
  411         (7) A sexual offender who intends to establish a permanent,
  412  temporary, or transient residence in another state or
  413  jurisdiction other than the State of Florida or intends to
  414  travel outside of the United States shall report in person to
  415  the sheriff of the county of current residence at least within
  416  48 hours before the date he or she intends to leave this state
  417  to establish residence in another state or jurisdiction or at
  418  least 21 days before the date he or she intends to travel if the
  419  intended residence of 5 days or more is outside of the United
  420  States. Any travel that is not known by the sexual offender 48
  421  hours before he or she intends to establish a residence in
  422  another state or jurisdiction or 21 days before the departure
  423  date for travel outside of the United States must be reported in
  424  person to the sheriff’s office as soon as possible before
  425  departure. The sexual offender shall provide to the sheriff the
  426  address, municipality, county, state, and country of intended
  427  residence. For international travel, the sexual offender shall
  428  also provide travel information, including, but not limited to,
  429  expected departure and return dates, flight numbers number,
  430  airports airport of departure and return, cruise ports port of
  431  departure and return, or any other means of intended travel. The
  432  sheriff shall promptly provide to the department the information
  433  received from the sexual offender. The department shall notify
  434  the statewide law enforcement agency, or a comparable agency, in
  435  the intended state, jurisdiction, or country of residence or the
  436  intended country of travel of the sexual offender’s intended
  437  residence or intended travel. The failure of a sexual offender
  438  to provide his or her intended place of residence or intended
  439  travel is punishable as provided in subsection (9).
  440         (11) Except as provided in s. 943.04354, a sexual offender
  441  shall maintain registration with the department for the duration
  442  of his or her life unless the sexual offender has received a
  443  full pardon or has had a conviction set aside in a
  444  postconviction proceeding for any offense that meets the
  445  criteria for classifying the person as a sexual offender for
  446  purposes of registration. However, a sexual offender shall be
  447  considered for removal of the requirement to register as a
  448  sexual offender only if the person:
  449         (b) Maintains As defined in sub-subparagraph (1)(h)1.b.
  450  must maintain registration with the department as described in
  451  sub-subparagraph (1)(h)1.b. for the duration of his or her life
  452  until the person provides the department with an order issued by
  453  the court that designated the person as a sexual predator or, as
  454  a sexually violent predator, or any other by another sexual
  455  offender designation in the state or jurisdiction in which the
  456  order was issued which states that such designation has been
  457  removed or demonstrates to the department that such designation,
  458  if not imposed by a court, has been removed by operation of law
  459  or court order in the state or jurisdiction in which the
  460  designation was made, and provided that such person no longer
  461  meets the criteria for registration as a sexual offender under
  462  the laws of this state.
  463         (c)1.Is required to register as a sexual offender solely
  464  under the requirements of sub-subparagraph (1)(h)1.b. and files
  465  a petition in the circuit court in the jurisdiction in which the
  466  person resides or, for a person who no longer resides in this
  467  state, the court in the jurisdiction in which the person last
  468  resided in this state. The petition must assert that his or her
  469  designation as a sexual predator or sexually violent predator or
  470  any other sexual offender designation in the state or
  471  jurisdiction in which the designation was made is confidential
  472  from public disclosure or that such designation, if not imposed
  473  by a court, is considered confidential from public disclosure by
  474  operation of law or court order in the state or jurisdiction in
  475  which the designation was made, provided that such person does
  476  not meet the criteria for registration as a sexual offender
  477  under the laws of this state.
  478         2.If the person meets the criteria in subparagraph 1., the
  479  court may grant the petition and remove the requirement to
  480  register as a sexual offender.
  481         3.A petition under this paragraph must document the
  482  person’s conviction and include a copy of the order issued by
  483  the court in the state or jurisdiction which made the
  484  designation confidential from public disclosure. If such relief
  485  was not granted by court order, the person must demonstrate to
  486  the court that his or her registration requirement has been made
  487  confidential by operation of law in the state or jurisdiction
  488  requiring registration. The state attorney and the department
  489  must be given notice at least 21 days before the date of the
  490  hearing on the petition and may present evidence in opposition
  491  to the requested relief or may otherwise demonstrate why it
  492  should be denied.
  493         4.If a person provides to the department a certified copy
  494  of the circuit court’s order granting the person removal of the
  495  requirement to register as a sexual offender in this state in
  496  accordance with this sub-paragraph, the registration requirement
  497  does not apply to the person and the department must remove all
  498  information about the person from the public registry of sexual
  499  offenders and sexual predators maintained by the department.
  500         Section 4. This act shall take effect July 1, 2020.