HB 0479 2003
1	A bill to be entitled
2	An act relating to the offense of stalking; amending s.
3	784.048, F.S.; defining the term "cyberstalk" to mean
4	communication by means of electronic mail or electronic
5	communication which causes substantial emotional distress
6	and does not serve a legitimate purpose; including within
7	the offenses of stalking and aggravated stalking the
8	willful, malicious, and repeated cyberstalking of another
9	person; providing penalties; revising the elements of the
10	offense of aggravated stalking to include placing a person
11	in fear of death or bodily injury of the person or the
12	person's child, sibling, spouse, parent, or dependent;
13	reenacting ss. 775.084(1)(d), 790.065(2)(c),
14	921.0022(3)(f) and (g), and 960.001(1)(b), F.S., to
15	incorporate the amendment to s. 784.048, F.S., in
16	references thereto; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Section 784.048, Florida Statutes, is amended
21	to read:
22	784.048 Stalking; definitions; penalties.--
23	(1) As used in this section, the term:
24	(a) "Harass" means to engage in a course of conduct
25	directed at a specific person that causes substantial emotional
26	distress in such person and serves no legitimate purpose.
27	(b) "Course of conduct" means a pattern of conduct
28	composed of a series of acts over a period of time, however
29	short, evidencing a continuity of purpose. Constitutionally
30	protected activity is not included within the meaning of "course
31	of conduct." Such constitutionally protected activity includes
32	picketing or other organized protests.
33	(c) "Credible threat" means a threat made with the intent
34	to cause the person who is the target of the threat to
35	reasonably fear for his or her safety. The threat must be
36	against the life of, or a threat to cause bodily injury to, a
37	person.
38	(d) "Cyberstalk" means to engage in a course of conduct to
39	communicate, or to cause to be communicated, words, images, or
40	language by or through the use of electronic mail or electronic
41	communication, directed at a specific person, causing
42	substantial emotional distress to that person and serving no
43	legitimate purpose.
44	(2) Any person who willfully, maliciously, and repeatedly
45	follows,or harasses, or cyberstalksanother person commits the
46	offense of stalking, a misdemeanor of the first degree,
47	punishable as provided in s. 775.082 or s. 775.083.
48	(3) Any person who willfully, maliciously, and repeatedly
49	follows,or harasses, or cyberstalksanother person, and makes a
50	credible threat with the intent to place that person in
51	reasonable fear of death or bodily injury of the person, or the
52	person's child, sibling, spouse, parent, or dependent, commits
53	the offense of aggravated stalking, a felony of the third
54	degree, punishable as provided in s. 775.082, s. 775.083, or s.
55	775.084.
56	(4) Any person who, after an injunction for protection
57	against repeat violence or dating violence pursuant to s.
58	784.046, or an injunction for protection against domestic
59	violence pursuant to s. 741.30, or after any other court-imposed
60	prohibition of conduct toward the subject person or that
61	person's property, knowingly, willfully, maliciously, and
62	repeatedly follows,or harasses, or cyberstalksanother person
63	commits the offense of aggravated stalking, a felony of the
64	third degree, punishable as provided in s. 775.082, s. 775.083,
65	or s. 775.084.
66	(5) Any person who willfully, maliciously, and repeatedly
67	follows,or harasses, or cyberstalksa minor under 16 years of
68	age commits the offense of aggravated stalking, a felony of the
69	third degree, punishable as provided in s. 775.082, s. 775.083,
70	or s. 775.084.
71	(6) Any law enforcement officer may arrest, without a
72	warrant, any person he or she has probable cause to believe has
73	violated the provisions of this section.
74	Section 2. For the purpose of incorporating the amendments
75	made by this act to section 784.048, Florida Statutes, in
76	references thereto, paragraph (d) of subsection(1) of section
77	775.084, Florida Statutes, is reenacted to read:
78	775.084 Violent career criminals; habitual felony
79	offenders and habitual violent felony offenders; three-time
80	violent felony offenders; definitions; procedure; enhanced
81	penalties or mandatory minimum prison terms.--
82	(1) As used in this act:
83	(d) "Violent career criminal" means a defendant for whom
84	the court must impose imprisonment pursuant to paragraph (4)(d),
85	if it finds that:
86	1. The defendant has previously been convicted as an adult
87	three or more times for an offense in this state or other
88	qualified offense that is:
89	a. Any forcible felony, as described in s. 776.08;
90	b. Aggravated stalking, as described in s. 784.048(3) and
91	(4);
92	c. Aggravated child abuse, as described in s. 827.03(2);
93	d. Aggravated abuse of an elderly person or disabled
94	adult, as described in s. 825.102(2);
95	e. Lewd or lascivious battery, lewd or lascivious
96	molestation, lewd or lascivious conduct, or lewd or lascivious
97	exhibition, as described in s. 800.04;
98	f. Escape, as described in s. 944.40; or
99	g. A felony violation of chapter 790 involving the use or
100	possession of a firearm.
101	2. The defendant has been incarcerated in a state prison
102	or a federal prison.
103	3. The primary felony offense for which the defendant is
104	to be sentenced is a felony enumerated in subparagraph 1. and
105	was committed on or after October 1, 1995, and:
106	a. While the defendant was serving a prison sentence or
107	other sentence, or court-ordered or lawfully imposed supervision
108	that is imposed as a result of a prior conviction for an
109	enumerated felony; or
110	b. Within 5 years after the conviction of the last prior
111	enumerated felony, or within 5 years after the defendant's
112	release from a prison sentence, probation, community control,
113	control release, conditional release, parole, or court-ordered
114	or lawfully imposed supervision or other sentence that is
115	imposed as a result of a prior conviction for an enumerated
116	felony, whichever is later.
117	4. The defendant has not received a pardon for any felony
118	or other qualified offense that is necessary for the operation
119	of this paragraph.
120	5. A conviction of a felony or other qualified offense
121	necessary to the operation of this paragraph has not been set
122	aside in any postconviction proceeding.
123	Section 3. For the purpose of incorporating the amendments
124	made by this act to section 784.048, Florida Statutes, in
125	references thereto, paragraph (c) of subsection(2) of section
126	790.065, Florida Statutes, is reenacted to read:
127	790.065 Sale and delivery of firearms.--
128	(2) Upon receipt of a request for a criminal history
129	record check, the Department of Law Enforcement shall, during
130	the licensee's call or by return call, forthwith:
131	(c)1. Review any records available to it to determine
132	whether the potential buyer or transferee has been indicted or
133	has had an information filed against her or him for an offense
134	that is a felony under either state or federal law, or, as
135	mandated by federal law, has had an injunction for protection
136	against domestic violence entered against the potential buyer or
137	transferee under s. 741.30, has had an injunction for protection
138	against repeat violence entered against the potential buyer or
139	transferee under s. 784.046, or has been arrested for a
140	dangerous crime as specified in s. 907.041(4)(a) or for any of
141	the following enumerated offenses:
142	a. Criminal anarchy under ss. 876.01 and 876.02.
143	b. Extortion under s. 836.05.
144	c. Explosives violations under s. 552.22(1) and (2).
145	d. Controlled substances violations under chapter 893.
146	e. Resisting an officer with violence under s. 843.01.
147	f. Weapons and firearms violations under this chapter.
148	g. Treason under s. 876.32.
149	h. Assisting self-murder under s. 782.08.
150	i. Sabotage under s. 876.38.
151	j. Stalking or aggravated stalking under s. 784.048.
152
153	If the review indicates any such indictment, information, or
154	arrest, the department shall provide to the licensee a
155	conditional nonapproval number.
156	2. Within 24 working hours, the department shall determine
157	the disposition of the indictment, information, or arrest and
158	inform the licensee as to whether the potential buyer is
159	prohibited from receiving or possessing a firearm. For purposes
160	of this paragraph, "working hours" means the hours from 8 a.m.
161	to 5 p.m. Monday through Friday, excluding legal holidays.
162	3. The office of the clerk of court, at no charge to the
163	department, shall respond to any department request for data on
164	the disposition of the indictment, information, or arrest as
165	soon as possible, but in no event later than 8 working hours.
166	4. The department shall determine as quickly as possible
167	within the allotted time period whether the potential buyer is
168	prohibited from receiving or possessing a firearm.
169	5. If the potential buyer is not so prohibited, or if the
170	department cannot determine the disposition information within
171	the allotted time period, the department shall provide the
172	licensee with a conditional approval number.
173	6. If the buyer is so prohibited, the conditional
174	nonapproval number shall become a nonapproval number.
175	7. The department shall continue its attempts to obtain
176	the disposition information and may retain a record of all
177	approval numbers granted without sufficient disposition
178	information. If the department later obtains disposition
179	information which indicates:
180	a. That the potential buyer is not prohibited from owning
181	a firearm, it shall treat the record of the transaction in
182	accordance with this section; or
183	b. That the potential buyer is prohibited from owning a
184	firearm, it shall immediately revoke the conditional approval
185	number and notify local law enforcement.
186	8. During the time that disposition of the indictment,
187	information, or arrest is pending and until the department is
188	notified by the potential buyer that there has been a final
189	disposition of the indictment, information, or arrest, the
190	conditional nonapproval number shall remain in effect.
191	Section 4. For the purpose of incorporating the amendments
192	made by this act to section 784.048, Florida Statutes, in
193	references thereto, paragraphs (f) and (g) of subsection (3) of
194	section 921.0022, Florida Statutes, are reenacted to read:
195	921.0022 Criminal Punishment Code; offense severity
196	ranking chart.--
197	(3) OFFENSE SEVERITY RANKING CHART
198	Florida Felony
199	Statute Degree Description
200	(f) LEVEL 6
201	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
202	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
203	775.0875(1) 3rd Taking firearm from law enforcement officer.
204	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
205	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
206	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
207	784.041 3rd Felony battery.
208	784.048(3) 3rd Aggravated stalking; credible threat.
209	784.048(5) 3rd Aggravated stalking of person under 16.
210	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
211	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
212	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
213	784.081(2) 2nd Aggravated assault on specified official or employee.
214	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
215	784.083(2) 2nd Aggravated assault on code inspector.
216	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
217	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
218	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
219	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
220	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
221	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
222	794.05(1) 2nd Unlawful sexual activity with specified minor.
223	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
224	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
225	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
226	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
227	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
228	812.014(2)(b)2. 2nd Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.
229	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
230	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
231	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
232	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
233	825.102(1) 3rd Abuse of an elderly person or disabled adult.
234	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
235	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
236	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
237	827.03(1) 3rd Abuse of a child.
238	827.03(3)(c) 3rd Neglect of a child.
239	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
240	836.05 2nd Threats; extortion.
241	836.10 2nd Written threats to kill or do bodily injury.
242	843.12 3rd Aids or assists person to escape.
243	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
244	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
245	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
246	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
247	944.40 2nd Escapes.
248	944.46 3rd Harboring, concealing, aiding escaped prisoners.
249	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
250	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
251	(g) LEVEL 7
252	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
253	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
254	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
255	409.920(2) 3rd Medicaid provider fraud.
256	456.065(2) 3rd Practicing a health care profession without a license.
257	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
258	458.327(1) 3rd Practicing medicine without a license.
259	459.013(1) 3rd Practicing osteopathic medicine without a license.
260	460.411(1) 3rd Practicing chiropractic medicine without a license.
261	461.012(1) 3rd Practicing podiatric medicine without a license.
262	462.17 3rd Practicing naturopathy without a license.
263	463.015(1) 3rd Practicing optometry without a license.
264	464.016(1) 3rd Practicing nursing without a license.
265	465.015(2) 3rd Practicing pharmacy without a license.
266	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
267	467.201 3rd Practicing midwifery without a license.
268	468.366 3rd Delivering respiratory care services without a license.
269	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
270	483.901(9) 3rd Practicing medical physics without a license.
271	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
272	484.053 3rd Dispensing hearing aids without a license.
273	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
274	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
275	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
276	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
277	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
278	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
279	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
280	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
281	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
282	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
283	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
284	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
285	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
286	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
287	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
288	784.081(1) 1st Aggravated battery on specified official or employee.
289	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
290	784.083(1) 1st Aggravated battery on code inspector.
291	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
292	790.16(1) 1st Discharge of a machine gun under specified circumstances.
293	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
294	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
295	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
296	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
297	796.03 2nd Procuring any person under 16 years for prostitution.
298	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
299	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
300	806.01(2) 2nd Maliciously damage structure by fire or explosive.
301	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
302	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
303	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
304	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
305	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
306	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
307	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
308	812.131(2)(a) 2nd Robbery by sudden snatching.
309	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
310	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
311	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
312	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
313	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
314	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
315	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
316	872.06 2nd Abuse of a dead human body.
317	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4.) within 1,000 feet of a child care facility or school.
318	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or(2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
319	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a),(1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
320	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
321	893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
322	893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
323	893.135 (1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
324	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
325	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
326	893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
327	893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
328	893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
329	893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
330	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
331	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
332	Section 5. For the purpose of incorporating the amendments
333	made by this act to section 784.048, Florida Statutes, in
334	references thereto, paragraph (b) of subsection(1) of section
335	960.001, Florida Statutes, is reenacted to read:
336	960.001 Guidelines for fair treatment of victims and
337	witnesses in the criminal justice and juvenile justice
338	systems.--
339	(1) The Department of Legal Affairs, the state attorneys,
340	the Department of Corrections, the Department of Juvenile
341	Justice, the Parole Commission, the State Courts Administrator
342	and circuit court administrators, the Department of Law
343	Enforcement, and every sheriff's department, police department,
344	or other law enforcement agency as defined in s. 943.10(4) shall
345	develop and implement guidelines for the use of their respective
346	agencies, which guidelines are consistent with the purposes of
347	this act and s. 16(b), Art. I of the State Constitution and are
348	designed to implement the provisions of s. 16(b), Art. I of the
349	State Constitution and to achieve the following objectives:
350	(b) Information for purposes of notifying victim or
351	appropriate next of kin of victim or other designated contact of
352	victim.--In the case of a homicide, pursuant to chapter 782; or
353	a sexual offense, pursuant to chapter 794; or an attempted
354	murder or sexual offense, pursuant to chapter 777; or stalking,
355	pursuant to s. 784.048; or domestic violence, pursuant to s.
356	25.385:
357	1. The arresting law enforcement officer or personnel of
358	an organization that provides assistance to a victim or to the
359	appropriate next of kin of the victim or other designated
360	contact must request that the victim or appropriate next of kin
361	of the victim or other designated contact complete a victim
362	notification card. However, the victim or appropriate next of
363	kin of the victim or other designated contact may choose not to
364	complete the victim notification card.
365	2. Unless the victim or the appropriate next of kin of the
366	victim or other designated contact waives the option to complete
367	the victim notification card, a copy of the victim notification
368	card must be filed with the incident report or warrant in the
369	sheriff's office of the jurisdiction in which the incident
370	report or warrant originated. The notification card shall, at a
371	minimum, consist of:
372	a. The name, address, and phone number of the victim; or
373	b. The name, address, and phone number of the appropriate
374	next of kin of the victim; or
375	c. The name, address, and phone number of a designated
376	contact other than the victim or appropriate next of kin of the
377	victim; and
378	d. Any relevant identification or case numbers assigned to
379	the case.
380	3. The chief administrator, or a person designated by the
381	chief administrator, of a county jail, municipal jail, juvenile
382	detention facility, or residential commitment facility shall
383	make a reasonable attempt to notify the alleged victim or
384	appropriate next of kin of the alleged victim or other
385	designated contact within 4 hours following the release of the
386	defendant on bail or, in the case of a juvenile offender, upon
387	the release from residential detention or commitment. If the
388	chief administrator, or designee, is unable to contact the
389	alleged victim or appropriate next of kin of the alleged victim
390	or other designated contact by telephone, the chief
391	administrator, or designee, must send to the alleged victim or
392	appropriate next of kin of the alleged victim or other
393	designated contact a written notification of the defendant's
394	release.
395	4. Unless otherwise requested by the victim or the
396	appropriate next of kin of the victim or other designated
397	contact, the information contained on the victim notification
398	card must be sent by the chief administrator, or designee, of
399	the appropriate facility to the subsequent correctional or
400	residential commitment facility following the sentencing and
401	incarceration of the defendant, and unless otherwise requested
402	by the victim or the appropriate next of kin of the victim or
403	other designated contact, he or she must be notified of the
404	release of the defendant from incarceration as provided by law.
405	5. If the defendant was arrested pursuant to a warrant
406	issued or taken into custody pursuant to s. 985.207 in a
407	jurisdiction other than the jurisdiction in which the defendant
408	is being released, and the alleged victim or appropriate next of
409	kin of the alleged victim or other designated contact does not
410	waive the option for notification of release, the chief
411	correctional officer or chief administrator of the facility
412	releasing the defendant shall make a reasonable attempt to
413	immediately notify the chief correctional officer of the
414	jurisdiction in which the warrant was issued or the juvenile was
415	taken into custody pursuant to s. 985.207, and the chief
416	correctional officer of that jurisdiction shall make a
417	reasonable attempt to notify the alleged victim or appropriate
418	next of kin of the alleged victim or other designated contact,
419	as provided in this paragraph, that the defendant has been or
420	will be released.
421	Section 6. This act shall take effect October 1, 2003.