Senate Bill 1992

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    Florida Senate - 1998                                  SB 1992

    By Senator Burt





    16-1135-98

  1                      A bill to be entitled

  2         An act relating to criminal law; amending s.

  3         775.13, F.S.; providing exemptions from

  4         registration requirements for certain convicted

  5         felons; amending s. 775.21, F.S.; revising the

  6         Florida Sexual Predators Act; defining terms;

  7         prescribing criteria and procedures for

  8         designation as a sexual predator; requiring

  9         fingerprints and blood specimens for DNA

10         analysis; prescribing registration and

11         notification requirements; providing for

12         removal of designation as a sexual predator;

13         providing penalties for failing to comply with

14         duties imposed on persons so designated;

15         prohibiting misuse and misrepresentation of

16         public records information and providing

17         penalties; amending s. 943.043, F.S.; providing

18         civil immunity for certain persons and entities

19         who provide information regarding sexual

20         offenders and sexual predators; amending s.

21         943.0435, F.S; specifying sexual offenders who

22         must report and identify themselves; revising

23         reporting requirements; providing civil

24         immunity for specified persons and entities who

25         administer such reporting requirements;

26         providing for certain persons to be relieved

27         from such reporting requirements; amending ss.

28         944.605, 947.177, F.S.; prescribing penalties

29         for inmates who refuse to submit to the taking

30         of a digitized photograph; amending ss.

31         944.606, 944.607, F.S.; revising provisions

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  1         governing notification concerning the release

  2         of sexual offenders; specifying persons with

  3         respect to whom such provisions apply;

  4         providing civil immunity for specified persons

  5         and entities who release information concerning

  6         such offenders; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 775.13, Florida Statutes, is

11  amended to read:

12         775.13  Registration of convicted felons, exemptions;

13  penalties.--

14         (1)  Any person who has been convicted of a felony in

15  any court of this state shall, within 48 hours after entering

16  any county in this state, register with the sheriff of said

17  county, be fingerprinted and photographed, and list the crime

18  for which convicted, place of conviction, sentence imposed, if

19  any, name, aliases, if any, address, and occupation.

20         (2)  Any person who has been convicted of a crime in

21  any federal court or in any court of a state other than

22  Florida, or of any foreign state or country, which crime if

23  committed in Florida would be a felony, shall forthwith within

24  48 hours after entering any county in this state register with

25  the sheriff of said county in the same manner as provided for

26  in subsection (1).

27         (3)  Any person who is within any county of the state

28  as of October 1, 1997, shall register with the sheriff of such

29  county by December 1, 1997, if such person would be required

30  to register under the terms of subsection (1) or subsection

31  (2), if he or she were entering such county.

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  1         (4)  In lieu of registering with the sheriff as

  2  required by this section, such registration may be made with

  3  the Department of Law Enforcement, and is subject to the same

  4  terms and conditions as required for registration with the

  5  sheriff.

  6         (5)  This section does not apply to an offender:

  7         (a)  Who has had his or her civil rights restored;

  8         (b)  Who has received a full pardon for the offense for

  9  which convicted;

10         (c)  Who has been lawfully released from incarceration

11  or other sentence or supervision for a felony conviction for

12  more than 5 years prior to such time for registration, unless

13  the offender is a fugitive from justice on a felony charge or

14  has been convicted of any offense since release from such

15  incarceration or other sentence or supervision;

16         (d)  Who is a parolee or probationer under the

17  supervision of the United States Parole Commission if the

18  commission knows of and consents to the presence of the

19  offender in Florida or is a probationer under the supervision

20  of any federal probation officer in the state or who has been

21  lawfully discharged from such parole or probation; or

22         (e)  Who is a sexual predator and has registered as

23  required under s. 775.21; or.

24         (f)  Who is a sexual offender and has registered as

25  required in s. 944.607.

26         (6)  Failure of any such convicted felon to comply with

27  this section constitutes a misdemeanor of the second degree,

28  punishable as provided in s. 775.082 or s. 775.083.

29         (7)  All laws and parts of laws in conflict herewith

30  are hereby repealed, provided that nothing in this section

31  shall be construed to affect any law of this state relating to

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  1  registration of criminals where the penalties are in excess of

  2  those imposed by this section.

  3         Section 2.  Section 775.21, Florida Statutes, is

  4  amended to read:

  5         775.21  The Florida Sexual Predators Act; definitions;

  6  legislative findings, purpose, and intent; criteria;

  7  designation; registration; community and public notification;

  8  immunity; penalties.--

  9         (1)  SHORT TITLE.--This section may be cited as "The

10  Florida Sexual Predators Act."

11         (2)  DEFINITIONS.--As used in this section, the term:

12         (a)  "Chief of police" means the chief law enforcement

13  officer of a municipality.

14         (b)  "Community" means any county where the sexual

15  predator lives or otherwise establishes or maintains a

16  temporary or permanent residence.

17         (c)  "Conviction" means a determination of guilt which

18  is the result of a trial or the entry of a plea of guilty of

19  nolo contendere, regardless of whether adjudication is

20  withheld.

21         (d)(c)  "Department" means the Department of Law

22  Enforcement.

23         (e)(d)  "Entering the county" includes being discharged

24  from a correctional facility or jail or secure treatment

25  facility within the county or being under supervision within

26  the county for the commission of a violation enumerated in

27  subsection (4).

28         (f)  "Permanent residence" means a place where the

29  person abides, lodges, or resides for 14 or more days,

30  regardless of whether the days are consecutive.

31

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  1         (g)(e)  "Temporary residence" means a place where the

  2  person abides, lodges, or resides for less than 14 days,

  3  regardless of whether the days are consecutive or a place

  4  where the person is employed, practices a vocation, or is

  5  enrolled as a student for any period of time. A stay of less

  6  than 14 days at a residence or place other than the person's

  7  permanent or temporary residence due to a vacation, emergency,

  8  or special circumstance that requires the person to leave his

  9  or her permanent or temporary residence is not a temporary

10  residence. a stay of 2 or more weeks.

11         (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE

12  INTENT.--

13         (a)  Repeat sexual sex offenders, sexual sex offenders

14  who use physical violence, and sexual sex offenders who prey

15  on children are sexual predators who present an extreme threat

16  to the public safety. Sexual Sex offenders are extremely

17  likely to use physical violence and to repeat their offenses,

18  and most sexual sex offenders commit many offenses, have many

19  more victims than are ever reported, and are prosecuted for

20  only a fraction of their crimes. This makes the cost of sexual

21  sex offender victimization to society at large, while

22  incalculable, clearly exorbitant.

23         (b)  The high level of threat that a sexual predator

24  presents to the public safety, and the long-term effects

25  suffered by victims of sex offenses, provide the state with

26  sufficient justification to implement a strategy that

27  includes:

28         1.  Incarcerating sexual predators and maintaining

29  adequate facilities to ensure that decisions to release sexual

30  predators into the community are not made on the basis of

31  inadequate space.

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  1         2.  Providing for specialized supervision of sexual

  2  predators who are in the community by specially trained

  3  probation officers with low caseloads, as described in ss.

  4  947.1405(7) and 948.03(5). The sexual predator is subject to

  5  specified terms and conditions implemented at sentencing or at

  6  the time of release from incarceration, with a requirement

  7  that those who are financially able must pay all or part of

  8  the costs of supervision.

  9         3.  Requiring the registration of sexual predators,

10  with a requirement that complete and accurate information be

11  maintained and accessible for use by law enforcement

12  authorities, communities, and the public.

13         4.  Providing for community and public notification

14  concerning the presence of sexual predators.

15         5.  Prohibiting sexual predators from working with

16  children, either for compensation or as a volunteer.

17         (c)  The state has a compelling interest in protecting

18  the public from sexual predators and in protecting children

19  from predatory sexual activity, and there is sufficient

20  justification for requiring sexual predators to register and

21  for requiring community and public notification of the

22  presence of sexual predators.

23         (d)  It is the purpose of the Legislature that, upon

24  the court's written finding that an offender is a sexual

25  predator, in order to protect the public, it is necessary that

26  the sexual predator be registered with the department and that

27  the community and the public be notified of the sexual

28  predator's presence. The designation of a person as a sexual

29  predator is neither a sentence nor a punishment but simply a

30  status resulting from the conviction of certain crimes.

31

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  1         (e)  It is the intent of the Legislature to address the

  2  problem of sexual predators by:

  3         1.  Requiring sexual predators supervised in the

  4  community to have special conditions of supervision and to be

  5  supervised by probation officers with low caseloads;

  6         2.  Requiring sexual predators to register with the

  7  Florida Department of Law Enforcement, as provided in this

  8  section; and

  9         3.  Requiring community and public notification of the

10  presence of a sexual predator, as provided in this section.

11         (4)  SEXUAL PREDATOR CRITERIA.--

12         (a)  For a current offense committed on or after

13  October 1, 1993, and before October 1, 1995:

14         1.  An offender who was found by the court under former

15  s. 775.22 or former s. 775.23 to be a sexual predator is a

16  "sexual predator" if the court made a written finding that the

17  offender was a sexual predator at the time of sentencing, as

18  required by former s. 775.23. Such sexual predator must

19  register or be registered as a sexual predator with the

20  department as provided in subsection (6), and is subject to

21  community and public notification as provided in subsection

22  (7).  Upon notification of the presence of a sexual predator,

23  the sheriff of the county or the chief of police of the

24  municipality where the sexual predator establishes or

25  maintains a permanent or temporary residence temporarily or

26  permanently resides shall notify the community and the public

27  of the presence of the sexual predator in a manner deemed

28  appropriate by the sheriff or the chief of police.

29         2.  If an offender has been registered as a sexual

30  predator by the Department of Corrections, the department, or

31  any other law enforcement agency and:

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  1         a.  The court did not, for whatever reason, make a

  2  written finding at the time of sentencing that the offender

  3  was a sexual predator, or

  4         b.  The offender was administratively registered as a

  5  sexual predator because the Department of Corrections, the

  6  department, or any other law enforcement agency obtained

  7  information which indicated that the offender met the sexual

  8  predator criteria based on a violation of a similar law in

  9  another jurisdiction,

10

11  the department shall remove that offender from the

12  department's sexual predator list, and shall notify the state

13  attorney who prosecuted the offense that triggered the

14  administrative sexual predator designation for offenders

15  described in sub-subparagraph a., or the state attorney of the

16  county where the offender establishes or maintains a permanent

17  or temporary residence permanently or temporarily resides on

18  October 1, 1996, for offenders described in sub-subparagraph

19  b. The state attorney may bring the matter to the court's

20  attention in order to establish that the offender meets the

21  sexual predator criteria. If the court then makes a written

22  finding that the offender is a sexual predator, the offender

23  is designated as a sexual predator, and must register or be

24  registered as a sexual predator with the department as

25  provided in subsection (6), and is subject to community and

26  public notification requirements as provided in subsection

27  (7). If the court does not make a written finding that the

28  offender is a sexual predator, the offender is not designated

29  as a sexual predator with respect to that offense, is not

30  required to register or be registered as a sexual predator

31

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  1  with the department, and is not subject to community and

  2  public notification.

  3         (b)  For a current offense committed on or after

  4  October 1, 1995, and before October 1, 1996:

  5         1.  An offender who was found by the court under former

  6  s. 775.22 or former s. 775.23 to be a sexual predator is a

  7  "sexual predator" if the court made a written finding that the

  8  offender was a sexual predator at the time of sentencing, as

  9  required by former s. 775.23. Such sexual predator must

10  register or be registered with the department as provided in

11  subsection (6), and is subject to community and public

12  notification as provided in subsection (7).  Upon notification

13  of the presence of a sexual predator, the sheriff of the

14  county or the chief of police of the municipality where the

15  sexual predator establishes or maintains a permanent or

16  temporary residence temporarily or permanently resides shall

17  notify the community and the public of the presence of the

18  sexual predator in a manner deemed appropriate by the sheriff

19  or the chief of police.

20         2.  If an offender has been registered as a sexual

21  predator by the Department of Corrections, the department, or

22  any other law enforcement agency and:

23         a.  The court did not, for whatever reason, make a

24  written finding at the time of sentencing that the offender

25  was a sexual predator, or

26         b.  The offender was administratively registered as a

27  sexual predator because the Department of Corrections, the

28  department, or any other law enforcement agency obtained

29  information which indicated that the offender met the sexual

30  predator criteria based on a violation of a similar law in

31  another jurisdiction,

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  1

  2  the department shall remove that offender from the

  3  department's sexual predator list, and shall notify the state

  4  attorney who prosecuted the offense that triggered the

  5  administrative sexual predator designation for offenders

  6  described in sub-subparagraph a., or the state attorney of the

  7  county where the offender establishes or maintains a permanent

  8  or temporary residence permanently or temporarily resides on

  9  October 1, 1996, for offenders described in sub-subparagraph

10  b. The state attorney may bring the matter to the court's

11  attention in order to establish that the offender meets the

12  sexual predator criteria. If the court makes a written finding

13  that the offender is a sexual predator, the offender is

14  designated as a sexual predator, must register or be

15  registered as a sexual predator with the department as

16  provided in subsection (6), and is subject to the community

17  and public notification as provided in subsection (7)

18  provisions under former s. 775.225. If the court does not make

19  a written finding that the offender is a sexual predator, the

20  offender is not designated as a sexual predator with respect

21  to that offense and is not required to register or be

22  registered as a sexual predator with the department.

23         (c)  For a current offense committed on or after

24  October 1, 1996, upon conviction, an offender shall be

25  designated as a "sexual predator" under subsection (5), and

26  subject to registration under subsection (6) and community and

27  public notification under subsection (7) if:

28         1.  The felony meets the criteria of former ss.

29  775.22(2) and 775.23(2), specifically, the felony is:

30         a.  A capital, life, or first degree felony violation

31  of s. 787.01 or s. 787.02, where the victim is a minor and the

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  1  defendant is not the victim's parent, of chapter 794 or s.

  2  847.0145, or of a similar law of another jurisdiction; or

  3         b.  Any second degree or greater felony violation of s.

  4  787.01 or s. 787.02, where the victim is a minor and the

  5  defendant is not the victim's parent, of chapter 794, of s.

  6  796.03, s. 800.04, s. 825.1025(2)(b), s. 827.071, or s.

  7  847.0145, or of a similar law of another jurisdiction, and the

  8  offender has previously been convicted of or found to have

  9  committed, or has pled nolo contendere or guilty to,

10  regardless of adjudication, any violation of s. 787.01 or s.

11  787.02, where the victim is a minor and the defendant is not

12  the victim's parent, of s. 794.011(2), (3), (4), (5), or (8),

13  s. 794.023, s. 796.03, s. 800.04, s. 825.1025, s. 827.071, s.

14  847.0133, s. 847.0135, or s. 847.0145, or of a similar law of

15  another jurisdiction;

16         2.  The offender has not received a pardon for any

17  felony or similar law of another jurisdiction that is

18  necessary for the operation of this paragraph; and

19         3.  A conviction of a felony or similar law of another

20  jurisdiction necessary to the operation of this paragraph has

21  not been set aside in any postconviction proceeding.

22         (d)  In order to be counted as a prior felony for

23  purposes of this subsection, the felony must have resulted in

24  a conviction sentenced separately, or an adjudication of

25  delinquency entered separately, prior to the current offense

26  and sentenced or adjudicated separately from any other felony

27  conviction that is to be counted as a prior felony. If the

28  offender's prior enumerated felony was committed more than 10

29  years before the primary offense, it shall not be considered a

30  prior felony under this subsection if the offender has not

31  been convicted of any other crime for a period of 10

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  1  consecutive years from the most recent date of release from

  2  confinement, supervision, or sanction, whichever is later.

  3         (e)  "Conviction" means a determination of guilt that

  4  is the result of a plea or a trial, regardless of whether

  5  adjudication is withheld.

  6         (5)  SEXUAL PREDATOR DESIGNATION.--For a current

  7  offense committed on or after October 1, 1996, an offender is

  8  designated as a sexual predator as follows:

  9         (a)1.  An offender who meets the sexual predator

10  criteria described in paragraph (4)(c) who is before the court

11  for sentencing for a current offense committed on or after

12  October 1, 1996, is a sexual predator, and the sentencing

13  court must make a written finding at the time of sentencing

14  that the offender is a sexual predator, and the clerk of the

15  court shall transmit a copy of the order containing the

16  written finding to the department within 10 days after the

17  entry of the order; or

18         2.  If the Department of Corrections, the department,

19  or any other law enforcement agency obtains information which

20  indicates that an offender who establishes or maintains a

21  permanent or temporary residence permanently or temporarily

22  resides in this state meets the sexual predator criteria

23  described in paragraph (4)(c) because the offender committed a

24  similar violation in another jurisdiction on or after October

25  1, 1996, the Department of Corrections, the department, or the

26  law enforcement agency shall notify the state attorney of the

27  county where the offender establishes or maintains a permanent

28  or temporary residence permanently or temporarily resides of

29  the offender's presence in the community. The state attorney

30  shall file a petition with the criminal division of the

31  circuit court for the purpose of holding a hearing to

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  1  determine if the offender's criminal record from another

  2  jurisdiction meets the sexual predator criteria. If the court

  3  finds that the offender meets the sexual predator criteria

  4  because the offender has violated a similar law or similar

  5  laws in another jurisdiction, the court shall make a written

  6  finding that the offender is a sexual predator.

  7

  8  When the court makes a written finding that an offender is a

  9  sexual predator, the court shall inform the sexual predator of

10  the registration and community and public notification

11  requirements described in this section. Within 48 hours of the

12  court designating an offender as a sexual predator, the clerk

13  of the circuit court shall transmit a copy of the court's

14  written sexual predator finding to the department. If the

15  offender is sentenced to a term of imprisonment or

16  supervision, a copy of the court's written sexual predator

17  finding must be submitted to the Department of Corrections.

18         (b)  If a sexual predator is not sentenced to a term of

19  imprisonment:

20         1.  The clerk of the court shall assure that the sexual

21  predator's fingerprints are taken and forwarded to the

22  department within 48 hours after the court renders its written

23  sexual predator finding; and

24         2.  The court shall order the sexual predator to

25  provide to the department a blood specimen for DNA

26  identification purposes, and shall specify the process by

27  which the sexual predator must promptly provide the department

28  with the blood specimen. The state attorney may seek an order

29  mandating the appearance of the sexual predator at a date,

30  time, and place certain to provide a blood specimen if it is

31  demonstrated that there is probable cause to believe the

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  1  sexual predator has failed to provide a blood sample or if a

  2  sample previously provided was insufficient to permit DNA

  3  identification. An arrest warrant may be issued if the sexual

  4  predator fails to appear as mandated. The sexual predator must

  5  bear all costs of securing the sample.

  6         (c)(b)  If the Department of Corrections, the

  7  department, or any other law enforcement agency obtains

  8  information which indicates that an offender meets the sexual

  9  predator criteria but the court did not make a written finding

10  that the offender is a sexual predator as required in

11  paragraph (a), the Department of Corrections, the department,

12  or the law enforcement agency shall notify the state attorney

13  who prosecuted the offense for offenders described in

14  subparagraph (a)1., or the state attorney of the county where

15  the offender establishes or maintains a residence temporarily

16  or permanently resides upon first entering the state for

17  offenders described in subparagraph (a)2. The state attorney

18  shall bring the matter to the court's attention in order to

19  establish that the offender meets the sexual predator

20  criteria. If the state attorney fails to establish that an

21  offender meets the sexual predator criteria and the court does

22  not make a written finding that an offender is a sexual

23  predator, the offender is not required to register with the

24  department as a sexual predator, and the department and other

25  law enforcement agencies are not authorized to inform the

26  community and the public of the offender's presence. The

27  offender must comply with the convicted felon registration

28  requirements under s. 775.13. The Department of Corrections,

29  the department, or any other law enforcement agency shall not

30  administratively designate an offender as a sexual predator

31

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  1  without a written finding from the court that the offender is

  2  a sexual predator.

  3         (d)  A person who establishes or maintains a residence

  4  in this state and who has not been designated as a sexual

  5  predator by a court of this state, but who has been designated

  6  as a sexual predator, sexually violent predator, or another

  7  sexual offender designation in another state or jurisdiction

  8  and was, as a result of such designation, subjected to

  9  mandatory registration and to community or public

10  notification, shall register in the manner provided in

11  subsection (6) and shall be subject to community or public

12  notification as provided in subsection (7). A person who meets

13  the criteria of this section is subject to the requirements

14  and penalty provisions of this section until the person's

15  designation has been removed by the court imposing the

16  designation.

17         (6)  REGISTRATION.--

18         (a)  A sexual predator must register with the

19  department by providing the following information to the

20  department:

21         1.  Name, social security number, age, race, sex, date

22  of birth, height, weight, hair and eye color, photograph,

23  address of legal residence and, address of any current

24  temporary residence, including a rural route address but not a

25  post office box, date and place of any employment, date and

26  place of each conviction, fingerprints, and a brief

27  description of the crime or crimes committed by the offender.

28         2.  Any other information determined necessary by the

29  department, including criminal and corrections records,

30  nonprivileged personnel, treatment, and abuse registry

31  records, and evidentiary genetic markers when available.

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  1

  2  If the sexual predator is in the custody or control of, or

  3  under the supervision of, the Department of Corrections, or is

  4  in the custody of a private correctional facility or local

  5  jail, the  sexual predator must register with the Department

  6  of Corrections; and the Department of Corrections shall, as

  7  soon as the information is in the agency's database, notify

  8  the department that the sexual predator is registered. The

  9  custodian of the local jail in which a sexual predator is

10  incarcerated shall notify the Department of Corrections that

11  the sexual predator is registered.

12         (b)  If the sexual predator is not in the custody or

13  control of, or under the supervision of, the Department of

14  Corrections, or is not in the custody of a private

15  correctional facility, and establishes or maintains a

16  residence permanently or temporarily resides in the state, the

17  sexual predator shall initially register in person at an

18  office of the department, or at the sheriff's office in the

19  county in which the predator establishes or maintains a

20  residence permanently or temporarily resides, within 48 hours

21  after establishing permanent or temporary residence in this

22  state. If a sexual predator registers with the sheriff's

23  office, the sheriff shall take a photograph and a set of

24  fingerprints of the predator and forward the photographs and

25  fingerprints to the department, along with the information

26  that the predator is required to provide pursuant to this

27  section.

28         (c)  Within 48 hours after Subsequent to the initial

29  registration required under paragraph (a) or paragraph (b), a

30  sexual predator who is not incarcerated and who resides in the

31  community, including a sexual predator under the supervision

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  1  of the Department of Corrections, shall register in person at

  2  a driver's license office of the Department of Highway Safety

  3  and Motor Vehicles and shall present proof of initial

  4  registration within 48 hours after any change in the

  5  predator's permanent or temporary residence. At the driver's

  6  license office the sexual predator shall:

  7         1.  If otherwise qualified, secure a Florida driver's

  8  license, renew a Florida driver's license, or secure an

  9  identification card. The sexual predator shall identify

10  himself or herself as a sexual predator who is required to

11  comply with this section, provide his or her place of

12  permanent or temporary residence, including a rural route

13  address but not a post office box, and submit to the taking of

14  a photograph for use in issuing a driver's license, renewed

15  license, or identification card, and for use by the department

16  in maintaining current records of sexual predators.

17         2.  Pay the costs assessed by the Department of Highway

18  Safety and Motor Vehicles for issuing or renewing a driver's

19  license or identification card as required by this section.

20         3.  Provide, upon request, any additional information

21  necessary to confirm the identity of the sexual predator,

22  including a set of fingerprints.

23         (d)  Each time a sexual predator's driver's license or

24  identification card is subject to renewal, and within 48 hours

25  after any change of the predator's residence, the predator

26  shall report in person to a driver's license office,

27  regardless of whether the predator's residence has changed,

28  and shall be subject to the requirements specified in

29  paragraph (c). The Department of Highway Safety and Motor

30  Vehicles shall forward to the department and to the Department

31  of Corrections all photographs and information provided by

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  1  sexual predators. Notwithstanding the restrictions set forth

  2  in s. 322.142, the Department of Highway Safety and Motor

  3  Vehicles is authorized to release a reproduction of a

  4  color-photograph or digital-image license to the Department of

  5  Law Enforcement for purposes of public notification of sexual

  6  predators as provided in this section.

  7         (e)  If the sexual predator initially registers at an

  8  office of the department, the department must notify the

  9  sheriff and the state attorney of the county and, if

10  applicable, the police chief of the municipality, where the

11  sexual predator maintains a residence permanently or

12  temporarily resides within 48 hours after the sexual predator

13  registers with the department.

14         (f)1.  The department is responsible for the on-line

15  maintenance of current information regarding each registered

16  sexual predator. The department must maintain hotline access

17  for state, local, and federal law enforcement agencies to

18  obtain instantaneous locator file and offender characteristics

19  information on all released registered sexual predators for

20  purposes of monitoring, tracking, and prosecution. The

21  photograph and fingerprints do not have to be stored in a

22  computerized format.

23         2.  The department's sexual predator registration list,

24  containing the information described in subparagraph (a)1., is

25  a public record. The department is authorized to disseminate

26  this public information by any means deemed appropriate,

27  including operating a toll-free "900" telephone number for

28  this purpose. When the department provides information

29  regarding a registered sexual predator to the public,

30  department personnel must advise the person making the inquiry

31  that positive identification of a person believed to be a

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  1  sexual predator cannot be established unless a fingerprint

  2  comparison is made, and that it is illegal to use public

  3  information regarding a registered sexual predator to

  4  facilitate the commission of a crime.

  5         3.  The department shall adopt guidelines as necessary

  6  regarding the registration of sexual predators and the

  7  dissemination of information regarding sexual predators as

  8  required by this section.

  9         (g)  A sexual predator must maintain registration with

10  the department for the duration of his or her life, unless the

11  sexual predator has had his or her civil rights restored, or

12  has received a full pardon or has had a conviction set aside

13  in a postconviction proceeding for any felony sex offense that

14  met the criteria for the sexual predator designation. However,

15  a sexual predator who has been lawfully released from

16  confinement, supervision, or sanction, whichever is later, for

17  at least 20 10 years and has not been arrested for any felony

18  or misdemeanor offense since release, may petition the

19  criminal division of the circuit court in the circuit in which

20  the sexual predator resides for the purpose of removing the

21  sexual predator designation. The court may has the discretion

22  to grant or deny such relief if the petitioner demonstrates to

23  the court that he or she has not been arrested for any crime

24  since release, the requested relief complies with federal

25  standards applicable to the removal of the designation as a

26  sexual predator, and the court is otherwise satisfied that the

27  petitioner is not a current or potential threat to public

28  safety. The state attorney in the circuit in which the

29  petition is filed must be given notice of the petition at

30  least 3 weeks before the hearing on the matter. The state

31  attorney may present evidence in opposition to the requested

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  1  relief or may otherwise demonstrate the reasons why the

  2  petition should be denied. If the court denies the petition,

  3  the court may set a future date at which the sexual predator

  4  may again petition the court for relief, subject to the

  5  standards for relief provided in this paragraph.

  6         (7)  COMMUNITY AND PUBLIC NOTIFICATION.--

  7         (a)  Law enforcement agencies must inform the community

  8  and the public of a sexual predator's presence. Upon

  9  notification of the presence of a sexual predator, the sheriff

10  of the county or the chief of police of the municipality where

11  the sexual predator establishes or maintains a permanent or

12  temporary residence temporarily or permanently resides shall

13  notify the community and the public of the presence of the

14  sexual predator in a manner deemed appropriate by the sheriff

15  or the chief of police. Information provided to the community

16  and the public regarding a sexual predator must include:

17         1.  The name of the sexual predator;

18         2.  A description of the sexual predator, including a

19  photograph;

20         3.  The sexual predator's current address, including

21  the name of the county or municipality if known;

22         4.  The circumstances of the sexual predator's offense

23  or offenses; and

24         5.  Whether the victim of the sexual predator's offense

25  or offenses was, at the time of the offense, a minor or an

26  adult.

27

28  This paragraph does not authorize the release of the name of

29  any victim of the sexual predator.

30         (b)  The sheriff or the police chief may coordinate the

31  community and public notification efforts with the department.

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  1  Statewide notification to the public is authorized, as deemed

  2  appropriate by local law enforcement personnel and the

  3  department.

  4         (c)  The department may shall notify the public of all

  5  designated sexual predators through the Internet.  The

  6  Internet notice shall include the information required by

  7  paragraph (a).

  8         (d)  The department shall adopt a protocol to assist

  9  law enforcement agencies in their efforts to notify the

10  community and the public of the presence of sexual predators.

11  The department, in consultation and cooperation with the

12  Department of Highway Safety and Motor Vehicles, shall

13  determine the feasibility of requiring sexual predators to

14  have a special designation on any drivers license,

15  identification card, or license tag issued in this state.

16         (8)  IMMUNITY.--When the court has made a written

17  finding that an offender is a sexual predator, an elected or

18  appointed official, public employee, or agency is immune from

19  civil liability for damages resulting from the release of

20  information under this section.

21         (9)  PENALTIES.--

22         (a)  Except as otherwise specifically provided, a

23  sexual predator who fails to register or who fails, after

24  registration, to maintain, acquire, or renew a driver's

25  license or identification card or provide required location

26  information, or who otherwise fails, by act or omission, to

27  comply with the requirements of this section, commits a felony

28  of the third degree, punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084.

30         (b)  A sexual predator who has been convicted of or

31  found to have committed, or has pled nolo contendere or guilty

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  1  to, regardless of adjudication, any violation of s.

  2  794.011(2), (3), (4), (5), or (8), s. 794.023, s. 800.04, s.

  3  827.071, s. 847.0133, or s. 847.0145, or of a similar law of

  4  another jurisdiction, when the victim of the offense was a

  5  minor, and who works, whether for compensation or as a

  6  volunteer, at any business, school, day care center, park,

  7  playground, or other place where children regularly

  8  congregate, commits a felony of the third degree, punishable

  9  as provided in s. 775.082, s. 775.083, or s. 775.084.

10         (c)  Any person who misuses public records information

11  relating to sexual predators to secure a payment from a sexual

12  predator; who knowingly distributes or publishes information

13  relating to sexual predators which the person misrepresents as

14  being public records information; or who materially alters

15  public records information, including documents, summaries of

16  public records information provided by law enforcement

17  agencies, or public records information displayed by law

18  enforcement agencies on web sites or provided through other

19  means of communication, commits a misdemeanor of the first

20  degree, punishable as provided in s. 775.082 or s. 775.083.

21         Section 3.  Section 943.043, Florida Statutes, is

22  amended to read:

23         943.043  Toll-free telephone number; sexual-offender

24  sex-offender information.--

25         (1)  The department shall provide, through a toll-free

26  telephone number, public access to information regarding

27  sexual sex offenders which is not confidential or exempt from

28  public disclosure and which is reported to the department by

29  the Department of Corrections as provided in s. 944.607 or by

30  a sexual sex offender as provided in s. 943.0435.

31

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  1         (2)  The department shall provide to any person, upon

  2  request and at a reasonable cost determined by the department,

  3  a copy of the photograph of any sexual sex offender or sexual

  4  predator which the department maintains in its files and a

  5  printed summary of the information that is available to the

  6  public under this section.

  7         (3)  The department, and its personnel, and any

  8  individual or entity acting at the bequest or upon the

  9  direction of the department are immune from civil liability

10  for damages for good-faith good faith compliance with this

11  section and will shall be presumed to have acted in good faith

12  by reporting information. The presumption of good faith is not

13  overcome if technical or clerical errors are made by the

14  department, and its personnel, or any individual or entity

15  acting at the bequest or upon the direction of the department

16  in reporting the information, if the department and its

17  personnel are unable to report information because the

18  information has not been provided or reported by a person or

19  agency required to provide or report the information to the

20  department, or if the department, and its personnel, or any

21  individual or entity acting at the bequest or upon the

22  direction of the department reports report information that

23  was falsely reported without the knowledge of the department,

24  and its personnel, or such individual or entity.

25         Section 4.  Section 943.0435, Florida Statutes, is

26  amended to read:

27         943.0435  Sexual Sex offenders required to report to

28  the department; penalty.--

29         (1)  As used in this section, the term:

30         (a)  "Sexual Sex offender" means a person who has been:

31

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  1         1.  Convicted of committing, or attempting, soliciting,

  2  or conspiring to commit, any of the criminal offenses

  3  proscribed in the following statutes in this state or

  4  analogous offenses in another jurisdiction: s. 787.01 or s.

  5  787.02, where the victim is a minor and the defendant is not

  6  the victim's parent; s. 787.025;, chapter 794; or, s. 796.03,

  7  s. 800.04, s. 825.1025, s. 827.071, s. 847.0133, s. 847.0135,

  8  s. 847.0145;, or any similar offense committed in this state

  9  which has been redesignated from a former statute number to

10  one of those listed in this subparagraph. Conviction of an

11  analogous offense includes, but is not limited to, a

12  conviction by a federal or military tribunal, including a

13  court-martial conducted by the Armed Forces of the United

14  States, and includes a conviction in any state of the United

15  States.

16         2.  Released on or after October 1, 1997, from the

17  sanction imposed for any conviction of an offense described in

18  subparagraph 1. For purposes of subparagraph 1., a sanction

19  imposed in this state or in any other jurisdiction includes,

20  but is not limited to, a fine, probation, community control,

21  parole, conditional release, control release, or incarceration

22  in a state prison, federal prison, private correctional

23  facility, or local detention facility.

24         (b)  "Convicted" means the person has been determined

25  guilty as a result of a plea or a trial or a plea of guilty or

26  nolo contendere, regardless of whether adjudication is

27  withheld.

28         (c)  "Permanent residence" and "temporary residence"

29  have the same meaning ascribed in s. 775.21.

30         (2)  A sexual sex offender shall initially report in

31  person at an office of the department, or at the sheriff's

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  1  office in the county in which the offender establishes or

  2  maintains a permanent or temporary residence permanently or

  3  temporarily resides, within 48 hours after establishing

  4  permanent or temporary residence in this state. A sex offender

  5  permanently resides in this state if the offender abides,

  6  lodges, or resides in a place for more than 2 consecutive

  7  weeks. A sex offender temporarily resides in this state if the

  8  offender abides, lodges, or resides in a place for 2

  9  consecutive weeks or less, excluding a stay of 2 consecutive

10  weeks or less at a different residence due to a vacation or an

11  emergency or special circumstance that requires the sex

12  offender to leave his or her place of permanent or temporary

13  residence for 2 weeks or less. The sexual sex offender shall

14  provide his or her name, date of birth, social security

15  number, race, sex, height, weight, hair and eye color, tattoos

16  or other identifying marks, address of permanent or legal

17  residence, or address of any current temporary residence,

18  including a rural route address but not a post office box,

19  date and place of each conviction, and a brief description of

20  the crime or crimes committed by the offender. If a sexual sex

21  offender reports at the sheriff's office, the sheriff shall

22  take a photograph and a set of fingerprints of the offender

23  and forward the photographs and fingerprints to the

24  department, along with the information provided by the sexual

25  sex offender.

26         (3)  Within 48 hours after the Subsequent to the

27  initial report required under subsection (2), a sexual sex

28  offender shall report in person at a driver's license office

29  of the Department of Highway Safety and Motor Vehicles within

30  48 hours after any change in the offender's permanent or

31

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  1  temporary residence. At the driver's license office the sexual

  2  sex offender shall:

  3         (a)  If otherwise qualified, secure a Florida driver's

  4  license, renew a Florida driver's license, or secure an

  5  identification card. The sexual sex offender shall identify

  6  himself or herself as a sexual sex offender who is required to

  7  comply with this section and shall provide proof that the

  8  sexual offender initially reported as required in subsection

  9  (2). The sexual sex offender shall provide any of the

10  information specified in subsection (2), if requested. The

11  sexual sex offender shall submit to the taking of a photograph

12  for use in issuing a driver's license, renewed license, or

13  identification card, and for use by the department in

14  maintaining current records of sexual sex offenders.

15         (b)  Pay the costs assessed by the Department of

16  Highway Safety and Motor Vehicles for issuing or renewing a

17  driver's license or identification card as required by this

18  section.

19         (c)  Provide, upon request, any additional information

20  necessary to confirm the identity of the sexual sex offender,

21  including a set of fingerprints.

22         (4)  Each time a sexual sex offender's driver's license

23  or identification card is subject to renewal, and within 48

24  hours after any change in the offender's permanent or

25  temporary residence, the offender shall report in person to a

26  driver's license office, regardless of whether the offender's

27  residence has changed, and shall be subject to the

28  requirements specified in subsection (3). The Department of

29  Highway Safety and Motor Vehicles shall forward to the

30  department all photographs and information provided by sexual

31  sex offenders. Notwithstanding the restrictions set forth in

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  1  s. 322.142, the Department of Highway Safety and Motor

  2  Vehicles is authorized to release a reproduction of a

  3  color-photograph or digital-image license to the Department of

  4  Law Enforcement for purposes of public notification of sexual

  5  offenders as provided in ss. 943.043, 943.0435, and 944.606.

  6         (5)  This section does not apply to a sexual sex

  7  offender who is also a sexual predator, as defined in s.

  8  775.21. A sexual predator must register as required under s.

  9  775.21.

10         (6)  A sexual sex offender who does not comply with the

11  requirements of this section commits a felony of the third

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084.

14         (7)  The department, the Department of Highway Safety

15  and Motor Vehicles, the Department of Corrections, and the

16  personnel of those departments, and individuals or entities

17  acting at the bequest or upon the direction of any of those

18  departments are immune from civil liability for damages for

19  good-faith good faith compliance with the requirements of this

20  section, and shall be presumed to have acted in good faith in

21  compiling, recording, and reporting information. The

22  presumption of good faith is not overcome if a technical or

23  clerical error is made by the department, the Department of

24  Highway Safety and Motor Vehicles, the Department of

25  Corrections, or the personnel of those departments, or any

26  individual acting at the bequest or upon the direction of any

27  of those departments in compiling or providing information, or

28  if information is incomplete or incorrect because a sexual sex

29  offender fails to report or falsely reports his or her current

30  place of permanent or temporary residence.

31

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  1         (8)  A sexual offender may petition the court to be

  2  relieved from the reporting requirements of this section in

  3  the manner provided in s. 775.21(6)(g), subject to the

  4  requirements and restrictions of s. 775.21(6)(g).

  5         Section 5.  Subsection (4) is added to section 944.605,

  6  Florida Statutes, to read:

  7         944.605  Inmate release; notice by Department of

  8  Corrections, Control Release Authority, or Parole

  9  Commission.--

10         (4)  An inmate who refuses to submit to the taking of a

11  digitized photograph commits a felony of the third degree,

12  punishable as provided in s. 775.082, s. 775.083, or s.

13  775.084.

14         Section 6.  Section 944.606, Florida Statutes, is

15  amended to read:

16         944.606  Sexual offenders; notification upon release.--

17         (1)  As used in this section:

18         (a)  "Conviction" means a determination of guilt that

19  is the result of a plea or a trial or the entry of a plea of

20  guilty or nolo contendere, regardless of whether adjudication

21  is withheld. The term "convicted" means that the person has a

22  conviction in his criminal record.

23         (b)  "Sexual offender" means a person who has been

24  convicted of a felony violation of s. 787.01 or s. 787.02,

25  where the victim is a minor and the defendant is not the

26  victim's parent, of chapter 794, of s. 787.025, s. 796.03, s.

27  800.04, s. 825.1025, s. 827.071, s. 847.0133, s. 847.0135, or

28  s. 847.0145, or of a violation of a similar law of another

29  jurisdiction, when the department has received verified

30  information regarding such conviction; an offender's

31  computerized criminal history record is not, in and of itself,

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  1  verified information. A conviction for a violation of a

  2  similar law of another jurisdiction includes, but is not

  3  limited to, a conviction by a federal or military tribunal,

  4  including a court-martial conducted by the Armed Forces of the

  5  United States, and includes a conviction in any state of the

  6  United States.

  7         (2)  The Legislature finds that sexual offenders,

  8  especially those who have committed their offenses against

  9  minors, often pose a high risk of engaging in sexual offenses

10  even after being released from incarceration or commitment and

11  that protection of the public from sexual offenders is a

12  paramount governmental interest. Sexual offenders have a

13  reduced expectation of privacy because of the public's

14  interest in public safety and in the effective operation of

15  government. Releasing sexual offender information to law

16  enforcement agencies and to persons who request such

17  information, and releasing such information to the public by a

18  law enforcement agency or public agency, will further the

19  governmental interests of public safety.

20         (3)(a)  The department must provide information

21  regarding any sexual offender who is being released after

22  serving a period of incarceration for any offense, as follows:

23         1.  The department must provide: the sexual offender's

24  name and any alias, if known; the correctional facility from

25  which the sexual offender is released; the sexual offender's

26  social security number, race, sex, date of birth, height,

27  weight, and hair and eye color; date and county of sentence

28  and each crime for which the offender was sentenced; a copy of

29  the offender's fingerprints and a digitized photograph taken

30  within 60 days before release; the date of release of the

31  sexual offender; and the offender's intended residence

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  1  address, if known. If the sexual offender is in the custody of

  2  a private correctional facility or a local jail, the facility

  3  or local jail shall take the digitized photograph of the

  4  sexual offender within 60 days before the sexual offender's

  5  release and provide this photograph to the Department of

  6  Corrections and also place it in the sexual offender's file.

  7  The custodian of the local jail shall notify the department of

  8  the sexual offender's release and provide to the department

  9  the information specified in paragraph (a) and any information

10  that the department requests under subparagraph 2.

11         2.  The department may provide any other information

12  deemed necessary, including criminal and corrections records,

13  nonprivileged personnel and treatment records, when available.

14         (b)  The department must provide the information

15  described in subparagraph (a)1. to:

16         1.  The sheriff of the county from where the sexual

17  offender was sentenced;

18         2.  The sheriff of the county and, if applicable, the

19  police chief of the municipality, where the sexual offender

20  plans to reside;

21         3.  The Florida Department of Law Enforcement; and

22         4.  Any person who requests such information,

23

24  either within 6 months prior to the anticipated release of a

25  sexual offender, or as soon as possible if an offender is

26  released earlier than anticipated. All such information

27  provided to the Department of Law Enforcement must be

28  available electronically as soon as the information is in the

29  agency's database and must be in a format that is compatible

30  with the requirements of the Florida Crime Information Center.

31

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  1         (c)  Upon request, the department must provide the

  2  information described in subparagraph (a)2. to:

  3         1.  The sheriff of the county from where the sexual

  4  offender was sentenced; and

  5         2.  The sheriff of the county and, if applicable, the

  6  police chief of the municipality, where the sexual offender

  7  plans to reside,

  8

  9  either within 6 months prior to the anticipated release of a

10  sexual offender, or as soon as possible if an offender is

11  released earlier than anticipated.

12         (d)  Upon receiving information regarding a sexual

13  offender from the department, the Department of Law

14  Enforcement, the sheriff or the chief of police shall provide

15  the information described in subparagraph (a)1. to any

16  individual who requests such information and may release the

17  information to the public in any manner deemed appropriate,

18  unless the information so received is confidential or exempt

19  from s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution.

21         (4)  This section authorizes the department or any law

22  enforcement agency to notify the community and the public of a

23  sexual offender's presence in the community. However, with

24  respect to a sexual offender who has been found to be a

25  "sexual predator" under chapter 775, the Florida Department of

26  Law Enforcement or any other law enforcement agency must

27  inform the community and the public of the sexual predator's

28  presence in the community, as provided in chapter 775. Release

29  of information pursuant to this section does not constitute

30  unauthorized public disclosure of information that relates to

31  sexual predators under chapter 775.

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  1         (5)  An elected or appointed official, public employee,

  2  or agency, or any individual or entity acting at the bequest

  3  or upon the direction of the department, is immune from civil

  4  liability for damages resulting from the release of

  5  information under this section.

  6         Section 7.  Section 944.607, Florida Statutes, is

  7  amended to read:

  8         944.607  Notification to Department of Law Enforcement

  9  of information on sexual sex offenders.--

10         (1)  As used in this section, the term:

11         (a)  "Sexual Sex offender" means a person who is in the

12  custody or control of, or under the supervision of, the

13  department or is in the custody of a private correctional

14  facility on or after October 1, 1997, as a result of a

15  conviction for committing, or attempting, soliciting, or

16  conspiring to commit, any of the criminal offenses proscribed

17  in the following statutes in this state or analogous offenses

18  in another jurisdiction:  s. 787.01 or s. 787.02, where the

19  victim is a minor and the defendant is not the victim's

20  parent; s. 787.025;, chapter 794;, s. 796.03, s. 800.04, s.

21  825.1025, s. 827.071, s. 847.0133, s. 847.0135, s. 847.0145;,

22  or any similar offense committed in this state which has been

23  redesignated from a former statute number to one of those

24  listed in this paragraph.

25         (b)  "Conviction" means a determination of guilt as a

26  result of a plea or trial or the entry of a plea of guilty or

27  nolo contendere, regardless of whether adjudication is

28  withheld.

29         (2)  A sexual offender, as described in this section,

30  who is under the supervision of the Department of Corrections

31  shall be required to report in the manner provided in s.

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  1  943.0435. The sexual offender must notify his or her probation

  2  officer or supervising officer no later than 24 hours after he

  3  or she reports.

  4         (3)(2)  In addition to notification and transmittal

  5  requirements imposed by any other provision of law, the

  6  department shall compile information on any sexual sex

  7  offender and provide the information to the Department of Law

  8  Enforcement. The information shall be made available

  9  electronically to the Department of Law Enforcement as soon as

10  this information is in the department's database and must be

11  in a format that is compatible with the requirements of the

12  Florida Crime Information Center.

13         (4)(3)  The information provided to the Department of

14  Law Enforcement must include:

15         (a)  The name of the sexual sex offender and any alias,

16  if known;

17         (b)  The sexual sex offender's most current address and

18  place of permanent or temporary residence, including the name

19  of the county or municipality in which the offender

20  permanently or temporarily resides and, if known, the intended

21  place of permanent or temporary residence upon satisfaction of

22  all sanctions;

23         (c)  The legal status of the sexual sex offender,

24  including any special condition or restriction imposed by the

25  sentencing court if the victim is a minor and access to the

26  victim or to other minors is restricted or prohibited, and the

27  scheduled termination date of that legal status;

28         (d)  The location of, and local telephone number for,

29  any office of probation, community control, parole,

30  conditional release, or control release which is responsible

31  for supervising the sexual sex offender;

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  1         (e)  An indication of whether the victim of the offense

  2  that resulted in the offender's status as a sexual sex

  3  offender was a minor;

  4         (f)  A physical description of the sexual sex offender;

  5         (g)  The offense or offenses at conviction which

  6  resulted in the determination of the offender's status as a

  7  sexual sex offender; and

  8         (h)  A digitized photograph of the sexual sex offender

  9  which must have been taken within 60 days before the offender

10  is released from the custody of the department or a private

11  correctional facility by expiration of sentence under s.

12  944.275 or must have been taken by January 1, 1998, or within

13  60 days after the onset of the department's supervision of any

14  sexual sex offender who is on probation, community control,

15  conditional release, parole, provisional release, or control

16  release or who is supervised by the department under the

17  Interstate Compact Agreement for Probationers and Parolees. If

18  the sexual sex offender is in the custody of a private

19  correctional facility or local jail, the facility or jail

20  shall take a digitized photograph of the sexual sex offender

21  within the time period provided in this paragraph and shall

22  provide the photograph to the department.

23

24  If any information provided by the department changes during

25  the time the sexual sex offender is under the department's

26  control, custody, or supervision, the department shall, within

27  48 hours after the change in information, update the

28  information and provide it to the Department of Law

29  Enforcement in the manner prescribed in subsection (2).

30         (5)(4)  The department, and its personnel, and any

31  individual or entity at the behest or upon the direction of

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  1  the department are immune from civil liability for damages for

  2  good-faith good faith compliance with this section, and shall

  3  be presumed to have acted in good faith in compiling,

  4  recording, and providing information. The presumption of good

  5  faith is not overcome if technical or clerical errors are made

  6  by the department, and its personnel, or any individual or

  7  entity acting at the behest or upon the direction of the

  8  department in compiling, recording, or providing information,

  9  if the information compiled, recorded, or provided by the

10  department, and its personnel, or any individual or entity

11  acting at the behest or upon the direction of the department

12  is incomplete because the information has not been provided to

13  the department by a person or agency required to provide the

14  information, or if the department, and its personnel, or any

15  individual or entity acting at the behest or upon the

16  direction of the department compiles, records, or provides

17  compile, record, or provide information that was falsely

18  reported without the knowledge of the department, and its

19  personnel, or such individual or entity.

20         Section 8.  Subsection (4) is added to section 947.177,

21  Florida Statutes, to read:

22         947.177  Inmate release; notice by Department of

23  Corrections, Control Release Authority, or Parole

24  Commission.--

25         (4)  An inmate who refuses to submit to the taking of a

26  digitized photograph commits a felony of the third degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084.

29         Section 9.  This act shall take effect October 1, 1998.

30

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  2                          SENATE SUMMARY

  3    Revises the Florida Sexual Predators Act to comply with
      federal laws and standards. (See bill for details.)
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