CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 210

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Crist moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, line 17,

15

16  insert:

17         Section 1.  Subsections (4) and (7) of section 775.21,

18  Florida Statutes, 1996 Supplement, are amended to read:

19         775.21  The Florida Sexual Predators Act; definitions;

20  legislative findings, purpose, and intent; criteria;

21  designation; registration; community and public notification;

22  immunity; penalties.--

23         (4)  SEXUAL PREDATOR CRITERIA.--

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

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

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

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

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

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

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

31  register or be registered as a sexual predator with the

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                                                  SENATE AMENDMENT

    Bill No. SB 210

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  1  department, and but is not subject to community and public

  2  notification.  Upon notification of the presence of a sexual

  3  predator, the sheriff of the county or the chief of police of

  4  the municipality where the sexual predator temporarily or

  5  permanently resides shall notify the community and the public

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

  7  appropriate by the sheriff or the chief of police.

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

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

10  any other law enforcement agency and:

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

12  written finding at the time of sentencing that the offender

13  was a sexual predator, or

14         b.  The offender was administratively registered as a

15  sexual predator because the Department of Corrections, the

16  department, or any other law enforcement agency obtained

17  information which indicated that the offender met the sexual

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

19  another jurisdiction,

20

21  the department shall remove that offender from the

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

23  attorney who prosecuted the offense that triggered the

24  administrative sexual predator designation for offenders

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

26  county where the offender permanently or temporarily resides

27  on October 1, 1996, for offenders described in

28  sub-subparagraph b. The state attorney may bring the matter to

29  the court's attention in order to establish that the offender

30  meets the sexual predator criteria. If the court then makes a

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

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                                                  SENATE AMENDMENT

    Bill No. SB 210

    Amendment No.    





  1  offender is designated as a sexual predator and must register

  2  or be registered as a sexual predator with the department, but

  3  is not subject to community and public notification. If the

  4  court does not make a written finding that the offender is a

  5  sexual predator, the offender is not designated as a sexual

  6  predator with respect to that offense, is not required to

  7  register or be registered as a sexual predator with the

  8  department, and is not subject to community and public

  9  notification.

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

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

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

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

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

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

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

17  register or be registered with the department, and is subject

18  to the community and public notification provisions of former

19  s. 775.225.  Upon notification of the presence of a sexual

20  predator, the sheriff of the county or the chief of police of

21  the municipality where the sexual predator temporarily or

22  permanently resides shall notify the community and the public

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

24  appropriate by the sheriff or the chief of police.

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

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

27  any other law enforcement agency and:

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

29  written finding at the time of sentencing that the offender

30  was a sexual predator, or

31         b.  The offender was administratively registered as a

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                                                  SENATE AMENDMENT

    Bill No. SB 210

    Amendment No.    





  1  sexual predator because the Department of Corrections, the

  2  department, or any other law enforcement agency obtained

  3  information which indicated that the offender met the sexual

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

  5  another jurisdiction,

  6

  7  the department shall remove that offender from the

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

  9  attorney who prosecuted the offense that triggered the

10  administrative sexual predator designation for offenders

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

12  county where the offender permanently or temporarily resides

13  on October 1, 1996, for offenders described in

14  sub-subparagraph b. The state attorney may bring the matter to

15  the court's attention in order to establish that the offender

16  meets the sexual predator criteria. If the court makes a

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

18  offender is designated as a sexual predator, must register or

19  be registered as a sexual predator with the department, and is

20  subject to the community and public notification provisions

21  under former s. 775.225. If the court does not make a written

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

23  is not designated as a sexual predator with respect to that

24  offense and, is not required to register or be registered as a

25  sexual predator with the department, and is not subject to the

26  community and public notification provisions under former s.

27  775.225.

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. SB 210

    Amendment No.    





  1  public notification under subsection (7) if:

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

  3  775.22(2) and 775.23(2), specifically, the felony is:

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

  5  of chapter 794 or s. 847.0145, or of a similar law of another

  6  jurisdiction; or

  7         b.  Any second degree or greater felony violation of

  8  chapter 794, s. 800.04, s. 827.071, or s. 847.0145, or of a

  9  similar law of another jurisdiction, and the offender has

10  previously been convicted of or found to have committed, or

11  has pled nolo contendere or guilty to, regardless of

12  adjudication, any violation of s. 794.011(2), (3), (4), (5),

13  or (8), s. 794.023, s. 800.04, s. 827.071, s. 847.0133, or s.

14  847.0145, or of a similar law of another jurisdiction;

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

16  felony or similar law of another jurisdiction that is

17  necessary for the operation of this paragraph; and

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

19  jurisdiction necessary to the operation of this paragraph has

20  not been set aside in any postconviction proceeding.

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

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

23  a conviction sentenced separately, or an adjudication of

24  delinquency entered separately, prior to the current offense

25  and sentenced or adjudicated separately from any other felony

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

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

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

29  prior felony under this subsection if the offender has not

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

31  consecutive years from the most recent date of release from

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                                                  SENATE AMENDMENT

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

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

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

  4  adjudication is withheld.

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

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

  7  designated as a sexual predator as follows:

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

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

10  for sentencing for a current offense committed on or after

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

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

13  that the offender is a sexual predator; or

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

15  or any other law enforcement agency obtains information which

16  indicates that an offender who permanently or temporarily

17  resides in this state meets the sexual predator criteria

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

19  similar violation in another jurisdiction on or after October

20  1, 1996, the Department of Corrections, the department, or the

21  law enforcement agency shall notify the state attorney of the

22  county where the offender permanently or temporarily resides

23  of the offender's presence in the community. The state

24  attorney shall file a petition with the criminal division of

25  the circuit court for the purpose of holding a hearing to

26  determine if the offender's criminal record from another

27  jurisdiction meets the sexual predator criteria. If the court

28  finds that the offender meets the sexual predator criteria

29  because the offender has violated a similar law or similar

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

31  finding that the offender is a sexual predator.

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                                                  SENATE AMENDMENT

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  1

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

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

  4  the registration and community and public notification

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

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

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

  8  written sexual predator finding to the department. If the

  9  offender is sentenced to a term of imprisonment or

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

11  finding must be submitted to the Department of Corrections.

12         (b)  If the Department of Corrections, the department,

13  or any other law enforcement agency obtains information which

14  indicates that an offender meets the sexual predator criteria

15  but the court did not make a written finding that the offender

16  is a sexual predator as required in paragraph (a), the

17  Department of Corrections, the department, or the law

18  enforcement agency shall notify the state attorney who

19  prosecuted the offense for offenders described in subparagraph

20  (a)1., or the state attorney of the county where the offender

21  temporarily or permanently resides upon first entering the

22  state for offenders described in subparagraph (a)2. The state

23  attorney shall bring the matter to the court's attention in

24  order to establish that the offender meets the sexual predator

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

26  offender meets the sexual predator criteria and the court does

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

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

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

30  law enforcement agencies are not authorized to inform the

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

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  1  offender must comply with the convicted felon registration

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

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

  4  administratively designate an offender as a sexual predator

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

  6  a sexual predator.

  7         (6)  REGISTRATION.--

  8         (a)  A sexual predator must register with the

  9  department by providing the following information to the

10  department:

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

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

13  address of legal residence, address of any current temporary

14  residence, date and place of any employment, date and place of

15  each conviction, fingerprints, and a brief description of the

16  crime or crimes committed by the offender.

17         2.  Any other information determined necessary by the

18  department, including criminal and corrections records,

19  nonprivileged personnel, treatment, and abuse registry

20  records, and evidentiary genetic markers when available.

21

22  The sexual predator may register directly with the department,

23  or the Department of Corrections or any law enforcement agency

24  may register the sexual predator with the department. The

25  sexual predator is not required to make any further

26  registration as a convicted felony offender in any county.

27         (b)  Each sexual predator who is residing permanently

28  or temporarily in the state outside of a correctional

29  facility, jail, or secure treatment facility must register or

30  be registered with the department within 48 hours after

31  entering the county of permanent or temporary residence. A

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  1  sexual predator who is registered with the department must

  2  provide written notification to the department of any change

  3  in permanent or temporary residence within 48 hours after

  4  arrival at the new place of permanent or temporary residence.

  5         (c)  The department must notify the sheriff and the

  6  state attorney of the county and, if applicable, the police

  7  chief of the municipality, where the sexual predator

  8  permanently or temporarily resides within 48 hours after the

  9  sexual predator registers with the department or provides

10  change of location information to the department.

11         (d)1.  The department is responsible for the on-line

12  maintenance of current information regarding each registered

13  sexual predator. The department must maintain hotline access

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

15  obtain instantaneous locator file and offender characteristics

16  information on all released registered sexual predators for

17  purposes of monitoring, tracking, and prosecution. The

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

19  computerized format.

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

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

22  a public record. The department is authorized to disseminate

23  this public information by any means deemed appropriate,

24  including operating a "900" telephone number for this purpose.

25  When the department provides information regarding a

26  registered sexual predator to the public, department personnel

27  must advise the person making the inquiry that positive

28  identification of a person believed to be a sexual predator

29  cannot be established unless a fingerprint comparison is made,

30  and that it is illegal to use public information regarding a

31  registered sexual predator to facilitate the commission of a

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  1  crime.

  2         3.  The department shall adopt guidelines as necessary

  3  regarding the registration of sexual predators and the

  4  dissemination of information regarding sexual predators as

  5  required by this section.

  6         (e)  A sexual predator must maintain registration with

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

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

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

10  in a postconviction proceeding for any felony sex offense

11  which met the criteria for the sexual predator designation;

12  however, a sexual predator who has been lawfully released from

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

14  at least 10 years and has not been arrested for any felony or

15  misdemeanor offense since release, may petition the criminal

16  division of the circuit court for the purpose of removing the

17  sexual predator designation. The court has the discretion to

18  grant or deny such relief.

19         (7)  COMMUNITY AND PUBLIC NOTIFICATION.--

20         (a)  Law enforcement agencies must inform the community

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

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

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

24  the sexual predator temporarily or permanently resides shall

25  notify the community and the public of the presence of the

26  sexual predator in a manner deemed appropriate by the sheriff

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

28  and the public regarding a sexual predator must include:

29         1.  The name of the sexual predator;

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

31  photograph;

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

  2  the name of the county or municipality;

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

  4  or offenses; and

  5         5.  Whether The age of the victim of the sexual

  6  predator's offense or offenses was, at the time of the

  7  offense, a minor or an adult.

  8

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

10  any victim of the sexual predator.

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

12  community and public notification efforts with the department.

13  Statewide notification to the public is authorized, as deemed

14  appropriate by local law enforcement personnel and the

15  department.

16         (c)  The department shall notify the public of all

17  designated sexual predators through the Internet.  The

18  Internet notice shall include the information required by

19  paragraph (a).

20         (d)(c)  The department shall adopt a protocol to assist

21  law enforcement agencies in their efforts to notify the

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

23  The department, in consultation and cooperation with the

24  Department of Highway Safety and Motor Vehicles, shall

25  determine the feasibility of requiring sexual predators to

26  have a special designation on any drivers license,

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

28         Section 2.  Section 944.606, Florida Statutes, 1996

29  Supplement, is amended to read:

30         944.606  Sexual offenders; notification upon release.--

31         (1)  As used in this section:

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                                                  SENATE AMENDMENT

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

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

  3  adjudication is withheld.

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

  5  convicted of a felony violation of chapter 794, s. 800.04, s.

  6  827.071, or s. 847.0145, or a violation of a similar law of

  7  another jurisdiction, when the department has received

  8  verified information regarding such conviction; an offender's

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

10  verified information.

11         (2)  The Legislature finds that sexual offenders pose a

12  high risk of engaging in sexual offenses even after being

13  released from incarceration or commitment and that protection

14  of the public from sexual offenders is a paramount

15  governmental interest. Sexual offenders have a reduced

16  expectation of privacy because of the public's interest in

17  public safety and in the effective operation of government.

18  Releasing sexual offender information to law enforcement

19  agencies, and to persons who request such information, or

20  whenever deemed appropriate by a law enforcement or public

21  agency to protect the public will further the governmental

22  interests of public safety.

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

24  regarding any sexual offender who is being released after

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

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

27  name, social security number, race, sex, date of birth,

28  height, weight, and hair and eye color; date and county of

29  sentence and each crime for which the offender was sentenced;

30  a copy of the offender's fingerprints and a photograph taken

31  within 90 days of release; and the offender's intended

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  1  residence address, if known.

  2         2.  The department may provide any other information

  3  deemed necessary, including criminal and corrections records,

  4  nonprivileged personnel and treatment records, when available.

  5         (b)  The department must provide the information

  6  described in subparagraph (a)1. to:

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

  8  offender was sentenced;

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

10  police chief of the municipality, where the sexual offender

11  plans to reside; and

12         3.  Any person who requests such information,

13

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

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

16  released earlier than anticipated.

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

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

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

20  offender was sentenced; and

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

22  police chief of the municipality, where the sexual offender

23  plans to reside,

24

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

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

27  released earlier than anticipated.

28         (d)  Upon receiving information regarding a sexual

29  offender from the department, the Department of Law

30  Enforcement, a sheriff, or the chief of police shall provide

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

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  1  individual who requests such information, and may, to promote

  2  or protect public safety, release the information to the

  3  public in any manner deemed appropriate.

  4         (4)  This section authorizes does not authorize the

  5  department or any law enforcement agency to notify the

  6  community and the public of a sexual offender's presence in

  7  the community in the interest of public safety. However, with

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

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

10  Law Enforcement or any other law enforcement agency must

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

12  presence in the community, as provided in chapter 775.

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

14  or agency is immune from civil liability for damages resulting

15  from the release of information under this section.

16

17  (Renumber subsequent sections.)

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, line 2, delete that line

23

24  and insert:

25         An act relating to sexual predators and

26         offenders; amending s. 775.21, F.S.; deleting

27         language prohibiting community and public

28         notification of certain sexual predators and

29         authorizing notification in a manner deemed

30         appropriate by the sheriff and the chief of

31         police; deleting language providing for

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  1         community and public notification under former

  2         s. 775.225 and authorizing notification in a

  3         manner deemed appropriate by the sheriff or

  4         chief of police; deleting requirement that

  5         community and public notice include the age of

  6         the victim and providing instead for

  7         requirement that notice state whether the

  8         victim was a minor or an adult; amending s.

  9         944.606, F.S.; deleting language preventing the

10         Florida Department of Law Enforcement or any

11         law enforcement agency from notifying the

12         community and the general public of a sexual

13         offender's presence in the community;

14         permitting agencies to notify the community and

15         the public of a sexual offender's presence in

16         the community; creating s.

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