HB 1641

A bill to be entitled

An act relating to the designation and registration of

sexual predators and sexual offenders; amending s. 775.21,

F.S.; amending the definition of the term "conviction";

providing that an offender who has been designated as a

sexually violent predator under the civil commitment

proceedings provided in ch. 394, F.S., or similarly

designated pursuant to a similar proceeding in another

state, meets the criteria for designation as a sexual

predator under the Florida Sexual Predators Act; providing

that such offender shall be subject to the registration

and notification requirements of the act; providing that

such offender shall be designated a sexual predator

pursuant to an order of the committing court; requiring

the committing court of such offender to make a written

finding that the offender is a sexual predator for

purposes of the act; requiring the clerk to transmit a

copy of the committing court's order to the Department of

Law Enforcement within a time certain; specifying

circumstances in which the state attorney shall seek a

hearing to determine whether the offender's criminal

record or record of civil commitment from another

jurisdiction meets the criteria for designation as a

sexual predator; clarifying circumstances related to the

registration requirements applicable to sexual predators;

clarifying that registration requirements apply each time

the driver's license or identification card of a sexual

predator is subject to renewal and also apply after each

change in specified information; specifying registration

and reporting requirements for sexual predators in

circumstances where the predator has vacated or intends to

vacate a permanent residence; specifying reporting

requirements in circumstances where the sexual predator

remains at or returns to a permanent residence; revising

and clarifying the circumstances in which criminal

penalties apply to sexual predators for acts or omissions

related to registration;; specifying venue for the

prosecution of a sexual predator in circumstances

involving acts or omissions concerning the failure to

information, complaint, or arraignment related to charges

of failure to register constitutes actual notice of the

duty to register; providing that the failure of a sexual

predator to immediately register following such notice

constitutes grounds for a subsequent charge; requiring any

sexual predator who asserts, or intends to assert, a lack

of notice of the duty to register as a defense to a charge

of failure to register to immediately register as

required; providing that a sexual predator who is charged

with a subsequent failure to register may not assert the

defense of a lack of notice of the duty to register;

providing that registration following arrest, service, or

arraignment related to a charge of failure to register is

not a defense and does not relieve the sexual predator of

criminal liability for the failure to register; providing

that the lack of a permanent or temporary residence is not

a defense and does not relieve the sexual predator of his

or her responsibility to register as required; conforming

a cross reference; amending s. 943.0435, F.S.; amending

the definition of the term "convicted"; clarifying that

registration requirements apply each time the driver's

license or identification card of a sexual offender is

subject to renewal and also apply after each change in

specified information; specifying registration and

reporting requirements for sexual offenders in

circumstances where the offender has vacated or intends to

vacate a permanent residence; specifying reporting

requirements in circumstances where the sexual offender

remains at or returns to a permanent residence; revising

and clarifying the circumstances in which criminal

penalties apply to sexual offenders for acts or omissions

related to registration; specifying venue for the

prosecution of a sexual offender in circumstances

involving acts or omissions concerning the failure to

information, complaint, or arraignment related to charges

of failure to register constitutes actual notice of the

duty to register; providing that the failure of a sexual

offender to immediately register following such notice

constitutes grounds for a subsequent charge; requiring any

sexual offender who asserts, or intends to assert, a lack

of notice of the duty to register as a defense to a charge

of failure to register to immediately register as

required; providing that a sexual offender who is charged

with a subsequent failure to register may not assert the

defense of a lack of notice of the duty to register;

providing that registration following arrest, service, or

arraignment related to a charge of failure to register is

not a defense and does not relieve the sexual offender of

criminal liability for the failure to register; providing

that the lack of a permanent or temporary residence is not

a defense and does not relieve the sexual offender of his

or her responsibility to register as required; revising a

cross reference; amending s. 944.606, F.S.; amending the

definition of the term "convicted"; amending s. 944.607,

F.S.; amending the definition of the term "conviction";

clarifying circumstances relating to the registration

requirements applicable to sexual offenders; revising and

clarifying the circumstances in which criminal penalties

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apply to sexual offenders for acts or omissions related to

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registration; specifying venue for the prosecution of a

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sexual offender in circumstances involving acts or

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omissions concerning the failure to register as required;

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providing that an arrest, information, complaint, or

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arraignment related to charges of failure to register

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constitutes actual notice of the duty to register;

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providing that the failure of a sexual offender to

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immediately register following such notice constitutes

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grounds for a subsequent charge; requiring any sexual

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offender who asserts, or intends to assert, a lack of

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notice of the duty to register as a defense to a charge of

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failure to register to immediately register as required;

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providing that a sexual offender who is charged with a

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subsequent failure to register may not assert the defense

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of a lack of notice of the duty to register; providing

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that registration following arrest, service, or

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arraignment related to a charge of failure to register is

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not a defense and does not relieve the sexual offender of

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criminal liability for the failure to register; providing

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that the lack of a permanent or temporary residence is not

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a defense and does not relieve the sexual offender of his

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or her responsibility to register as required; reenacting

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s. 775.21(5)(d) and (6)(l), F.S., relating to the Florida

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Sexual Predators Act, for the purpose of incorporating the

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amendments to ss. 943.0435 and 944.607, F.S., in

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references thereto; reenacting s. 943.0435(5), F.S.,

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relating to sexual offender registration requirements, for

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the purpose of incorporating the amendment to s. 775.21,

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F.S., in references thereto; reenacting s. 944.607(9),

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F.S., relating to notification concerning sexual offenders

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to the Department of Law Enforcement, for the purpose of

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incorporating the amendments to ss. 775.21 and 943.0435,

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F.S., in references thereto; reenacting ss. 775.24(2) and

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943.0436(2), F.S., relating to the duty of the court to

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uphold laws governing sexual predators and sexual

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offenders, for the purpose of incorporating the amendments

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to ss. 943.0435, 944.606, and 944.607, F.S., in references

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thereto; reenacting s. 775.25, F.S., relating to the venue

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for prosecutions of sexual predators for acts or omissions

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relating to registration requirements, for the purpose of

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incorporating the amendments to ss. 775.21, 943.0435,

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944.606, and 944.607, F.S., in references thereto;

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reenacting ss. 775.13(5) and 775.261(3)(b), F.S., relating

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to the registration of convicted sexual predators and

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sexual offenders and criteria for registration under the

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Florida Career Offender Registration Act, respectively,

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for the purpose of incorporating the amendments to ss.

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775.21, 943.0435, and 944.607, F.S., in references

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thereto; reenacting s. 921.0022(3)(f), F.S., relating to

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the ranking of criminal offenses related to the failure of

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a sexual offender or sexual predator to register in the

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offense severity ranking chart of the Criminal Punishment

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Code, for the purpose of incorporating the amendments to

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ss. 775.21 and 943.0435, F.S., in references thereto;

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reenacting s. 944.608(7), F.S., relating to notification

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to the Department of Law Enforcement of information on

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career offenders, for the purpose of incorporating the

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amendments to ss. 775.21 and 944.607, F.S., in references

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thereto; reenacting ss. 39.806(1)(d), 63.089(4)(b),

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63.092(3), 944.609(4), 947.1405(2)(c), and 948.12(3),

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F.S., relating to grounds for termination of parental

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rights, findings of abandonment in proceedings to

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terminate parental rights pending adoption, preliminary

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studies of the homes of prospective adoptive parents,

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career offender notification, the conditional release

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program, and intensive supervision for postprison release

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of violent offenders, respectively, for the purpose of

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incorporating the amendment to s. 775.21, F.S., in

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references thereto; providing an effective date.

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WHEREAS, the Legislature finds that in order to protect the

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public, a system of registration is required for sexual

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predators and sexual offenders so that the public and law

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enforcement agencies can keep track of the residences of

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predators and offenders and possibly prevent future sex crimes

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from being perpetrated, and

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WHEREAS, the Legislature intends to clarify that sexual

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predators and sexual offenders are, and have been, required to

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such persons are subject to renewal and also when such persons

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have changed places of residence, and

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WHEREAS, the Legislature finds that gaps in time between

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changes in the registered information concerning a sexual

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predator or sexual offender weaken the effectiveness of the

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registration system and pose a threat to public safety by making

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it more difficult to quickly locate sexual predators and sexual

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offenders residing in Florida, and

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WHEREAS, the Legislature finds that persons who commit

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sexually based offenses, especially those who have committed

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offenses against minors, often pose a high risk of engaging in

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sexually based offenses even after being released from

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incarceration or commitment, and

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WHEREAS, the Legislature finds that a small but extremely

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dangerous number of sexually violent predators exist who

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generally have antisocial personality features that are

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unamenable to existing mental illness treatment modalities, and

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those features render them likely to engage in criminal,

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sexually violent behavior, and

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WHEREAS, the Legislature finds that the likelihood that

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sexually violent predators will engage in repeat acts of

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predatory sexual violence is high, and

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WHEREAS, the Legislature finds that the protection of the

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public from persons who commit sexually based offenses,

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especially those who are sexually violent predators, is a

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paramount government interest, and

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WHEREAS, the Legislature finds that persons who commit

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sexually based offenses have a reduced expectation of privacy

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because of the public's interest in public safety and in the

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effective operation of government, and

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WHEREAS, the Legislature finds that releasing information

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concerning persons who commit sexually based offenses to law

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enforcement agencies and to persons who request such information,

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and the release of such information to the public by a law

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enforcement agency or public agency, will further the

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governmental interests of public safety, and

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WHEREAS, the Legislature finds that the designation of a

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person as a sexual offender or sexual predator is not a sentence

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or a punishment but is simply a status that reflects the past

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behavior of a person, NOW, THEREFORE,

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

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Section 1. Paragraph (c) of subsection (2), paragraphs (a)

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and (c) of subsection (5), paragraph (g) of subsection (6), and

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subsection (10) of section 775.21, Florida Statutes, are

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amended, paragraph (d) is added to subsection (4) of said

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section, and paragraph (d) of subsection (5) and paragraph (l)

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of subsection (6) of said section are reenacted for the purpose

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of incorporating the amendments to sections 943.0435 and

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944.607, Florida Statutes, in references thereto, to read:

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775.21 The Florida Sexual Predators Act; definitions;

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legislative findings, purpose, and intent; criteria;

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designation; registration; community and public notification;

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immunity; penalties.--

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

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

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contendere, regardless of whether adjudication is withheld. A

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conviction for a similar offense includes, but is not limited

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to, a conviction by a federal or military tribunal, including

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courts-martial conducted by the Armed Forces of the United

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States, and includes a conviction or entry of a plea of guilty

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or nolo contendere resulting in a sanction in any state of the

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United States or other jurisdiction. A sanction includes, but is

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not limited to, a fine, probation, community control, parole,

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conditional release, control release, or incarceration in a

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state prison, federal prison, private correctional facility, or

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local detention facility.

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(4) SEXUAL PREDATOR CRITERIA.--

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(d) An offender who has been determined to be a sexually

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violent predator pursuant to a civil commitment proceeding under

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chapter 394 or who is the subject of a similar determination

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pursuant to a similar proceeding in another state shall be

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

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subject to registration under subsection (6) and community and

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public notification under subsection (7).

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(5) SEXUAL PREDATOR DESIGNATION.--An offender is

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designated as a sexual predator as follows:

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

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described in paragraph (4)(d) is a sexual predator, and the

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court must make a written finding at the time such offender is

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determined to be a sexually violent predator under chapter 394

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that such person meets the criteria for designation as a sexual

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predator for purposes of this section. The clerk shall transmit

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a copy of the order containing the written finding to the

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department within 48 hours after the entry of the order;

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2. An offender who meets the sexual predator criteria

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described in paragraph (4)(a) who is before the court for

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sentencing for a current offense committed on or after October

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1, 1993, is a sexual predator, and the sentencing court must

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make a written finding at the time of sentencing that the

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offender is a sexual predator, and the clerk of the court shall

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transmit a copy of the order containing the written finding to

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the department within 48 hours after the entry of the order; or

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3.2. If the Department of Corrections, the department, or

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any other law enforcement agency obtains information which

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indicates that an offender who establishes or maintains a

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permanent or temporary residence in this state meets the sexual

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predator criteria described in paragraph (4)(a) or (4)(d)

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because the offender committed a similar violation or was

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civilly committed in another jurisdiction on or after October 1,

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1993, the Department of Corrections, the department, or the law

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enforcement agency shall notify the state attorney of the county

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where the offender establishes or maintains a permanent or

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temporary residence of the offender's presence in the community.

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The state attorney shall file a petition with the criminal

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division of the circuit court for the purpose of holding a

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hearing to determine if the offender's criminal record or record

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of civil commitment from another jurisdiction meets the sexual

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predator criteria. If the court finds that the offender meets

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the sexual predator criteria because the offender has violated a

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similar law or similar laws in another jurisdiction, the court

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shall make a written finding that the offender is a sexual

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predator.

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

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sexual predator, the court shall inform the sexual predator of

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the registration and community and public notification

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requirements described in this section. Within 48 hours after of

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the court designating an offender as a sexual predator, the

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

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written sexual predator finding to the department. If the

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offender is sentenced to a term of imprisonment or supervision,

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a copy of the court's written sexual predator finding must be

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submitted to the Department of Corrections.

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any other law enforcement agency obtains information which

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indicates that an offender meets the sexual predator criteria

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

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

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Department of Corrections, the department, or the law

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enforcement agency shall notify the state attorney who

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prosecuted the offense for offenders described in subparagraph

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

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establishes or maintains a residence upon first entering the

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state for offenders described in subparagraph (a)3.2. The state

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

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order to establish that the offender meets the sexual predator

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criteria. If the state attorney fails to establish that an

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offender meets the sexual predator criteria and the court does

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not make a written finding that an offender is a sexual

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predator, the offender is not required to register with the

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department as a sexual predator. The Department of Corrections,

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the department, or any other law enforcement agency shall not

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administratively designate an offender as a sexual predator

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

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sexual predator.

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

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this state and who has not been designated as a sexual predator

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by a court of this state but who has been designated as a sexual

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

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offender designation in another state or jurisdiction and was,

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as a result of such designation, subjected to registration or

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community or public notification, or both, or would be if the

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person was a resident of that state or jurisdiction, shall

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shall be subject to community and public notification as

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provided in s. 943.0435 or s. 944.607. A person who meets the

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criteria of this section is subject to the requirements and

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penalty provisions of s. 943.0435 or s. 944.607 until the person

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provides the department with an order issued by the court that

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designated the person as a sexual predator, as a sexually

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violent predator, or by another sexual offender designation in

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the state or jurisdiction in which the order was issued which

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states that such designation has been removed or demonstrates to

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the department that such designation, if not imposed by a court,

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has been removed by operation of law or court order in the state

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or jurisdiction in which the designation was made, and provided

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such person no longer meets the criteria for registration as a

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sexual offender under the laws of this state.

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(6) REGISTRATION.--

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(g)1. Each time a sexual predator's driver's license or

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identification card is subject to renewal, and, without regard

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to the status of the predator's driver's license or

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identification card, within 48 hours after any change of the

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predator's residence or change in the predator's name by reason

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of marriage or other legal process, the predator shall report in

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person to a driver's license office, and shall be subject to the

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requirements specified in paragraph (f). The Department of

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Highway Safety and Motor Vehicles shall forward to the

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department and to the Department of Corrections all photographs

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and information provided by sexual predators. Notwithstanding

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the restrictions set forth in s. 322.142, the Department of

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Highway Safety and Motor Vehicles is authorized to release a

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reproduction of a color-photograph or digital-image license to

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the Department of Law Enforcement for purposes of public

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notification of sexual predators as provided in this section.

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2. A sexual predator who vacates a permanent residence and

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fails to establish or maintain another permanent or temporary

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residence shall, within 48 hours after vacating the permanent

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residence, report in person to the department or the sheriff's

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office of the county in which he or she is located. The sexual

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predator shall specify the date upon which he or she intends to

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or did vacate such residence. The sexual predator must provide

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or update all of the registration information required under

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paragraph (a). The sexual predator must provide an address for

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the residence or other location that he or she is or will be

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occupying during the time in which he or she fails to establish

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or maintain a permanent or temporary residence.

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3. A sexual predator who remains at a permanent residence

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after reporting his or her intent to vacate such residence

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shall, within 48 hours after the date upon which the predator

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indicated he or she would or did vacate such residence, report

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in person to the agency to which he or she reported pursuant to

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subparagraph 2. for the purpose of reporting his or her address

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at such residence. If the sheriff receives the report, the

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sheriff shall promptly convey the information to the department.

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An offender who makes a report as required under subparagraph 2.

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but fails to make a report as required under this subparagraph

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commits a felony of the second degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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(l) A sexual predator must maintain registration with the

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

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sexual predator has received a full pardon or has had a

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conviction set aside in a postconviction proceeding for any

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offense that met the criteria for the sexual predator

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designation. However, a sexual predator who was designated as a

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sexual predator by a court before October 1, 1998, and who has

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been lawfully released from confinement, supervision, or

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sanction, whichever is later, for at least 10 years and has not

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been arrested for any felony or misdemeanor offense since

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release, may petition the criminal division of the circuit court

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in the circuit in which the sexual predator resides for the

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purpose of removing the sexual predator designation. A sexual

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predator who was designated a sexual predator by a court on or

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after October 1, 1998, who has been lawfully released from

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

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at least 20 years, and who has not been arrested for any felony

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or misdemeanor offense since release may petition the criminal

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division of the circuit court in the circuit in which the sexual

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predator resides for the purpose of removing the sexual predator

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designation. The court may grant or deny such relief if the

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petitioner demonstrates to the court that he or she has not been

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arrested for any crime since release, the requested relief

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complies with the provisions of the federal Jacob Wetterling

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Act, as amended, and any other federal standards applicable to

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the removal of the designation as a sexual predator or required

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to be met as a condition for the receipt of federal funds by the

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state, and the court is otherwise satisfied that the petitioner

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is not a current or potential threat to public safety. The state

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attorney in the circuit in which the petition is filed must be

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given notice of the petition at least 3 weeks before the hearing

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on the matter. The state attorney may present evidence in

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opposition to the requested relief or may otherwise demonstrate

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the reasons why the petition should be denied. If the court

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denies the petition, the court may set a future date at which

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the sexual predator may again petition the court for relief,

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subject to the standards for relief provided in this paragraph.

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Unless specified in the order, a sexual predator who is granted

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relief under this paragraph must comply with the requirements

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for registration as a sexual offender and other requirements

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provided under s. 943.0435 or s. 944.607. If a petitioner

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obtains an order from the court that imposed the order

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designating the petitioner as a sexual predator which removes

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such designation, the petitioner shall forward a certified copy

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of the written findings or order to the department in order to

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have the sexual predator designation removed from the sexual

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predator registry.

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The sheriff shall promptly provide to the department the

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information received from the sexual predator.

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(10) PENALTIES.--

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(a) Except as otherwise specifically provided, a sexual

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predator who fails to register; who fails, after registration,

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to maintain, acquire, or renew a driver's license or

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identification card; who fails to provide required location

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information or change-of-name information; who fails to make a

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required report in connection with vacating a permanent

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residence; or who otherwise fails, by act or omission, to comply

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

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third degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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

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

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regardless of adjudication, any violation, or attempted

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violation, of s. 787.01, s. 787.02, or s. 787.025, where the

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victim is a minor and the defendant is not the victim's parent;

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s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.

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800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation

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of a similar law of another jurisdiction, when the victim of the

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offense was a minor, and who works, whether for compensation or

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as a volunteer, at any business, school, day care center, park,

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playground, or other place where children regularly congregate,

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commits a felony of the third degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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relating to a sexual predator, as defined in this section, or a

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sexual offender, as defined in s. 943.0435 or s. 944.607, to

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secure a payment from such a predator or offender; who knowingly

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distributes or publishes false information relating to such a

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predator or offender which the person misrepresents as being

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public records information; or who materially alters public

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records information with the intent to misrepresent the

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information, including documents, summaries of public records

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information provided by law enforcement agencies, or public

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records information displayed by law enforcement agencies on

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websites or provided through other means of communication,

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commits a misdemeanor of the first degree, punishable as

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provided in s. 775.082 or s. 775.083.

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(d) A sexual predator who commits any act or omission in

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violation of this section may be prosecuted for the act or

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omission in the county in which the act or omission was

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committed, the county of the last registered address of the

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sexual predator, or the county in which the conviction occurred

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for the offense or offenses that meet the criteria for

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designating a person as a sexual predator.

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(e) An arrest on charges of failure to register, the

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service of an information or a complaint for a violation of this

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section, or an arraignment on charges for a violation of this

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section constitutes actual notice of the duty to register. A

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sexual predator's failure to immediately register as required by

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this section following such arrest, service, or arraignment

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constitutes grounds for a subsequent charge of failure to

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the duty to register as a defense to a charge of failure to

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A sexual predator who is charged with a subsequent failure to

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duty to register.

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(f) Registration following such arrest, service, or

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arraignment is not a defense and does not relieve the sexual

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predator of criminal liability for the failure to register.

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(g) The lack of a permanent or temporary residence is not

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a defense and does not relieve the sexual predator of his or her

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responsibility to register pursuant to the provisions of this

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section.

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Section 2. Paragraph (b) of subsection (1) and subsections

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(3), (4), and (9) of section 943.0435, Florida Statutes, are

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amended, and subsection (5) of said section is reenacted for the

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purpose of incorporating the amendment to section 775.21,

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Florida Statutes, in references thereto, to read:

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943.0435 Sexual offenders required to register with the

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department; penalty.--

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

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(b) "Convicted" means that there has been a determination

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of guilt as a result of a trial or the entry of a plea of guilty

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or nolo contendere, regardless of whether adjudication is

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withheld. Conviction of a similar offense includes, but is not

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

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including courts-martial conducted by the Armed Forces of the

522

United States, and includes a conviction or entry of a plea of

523

guilty or nolo contendere resulting in a sanction in any state of

524

the United States or other jurisdiction. A sanction includes,

525

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

526

parole, conditional release, control release, or incarceration

527

in a state prison, federal prison, private correctional

528

facility, or local detention facility.

529

(3) Within 48 hours after the report required under

530

subsection (2), a sexual offender shall report in person at a

531

driver's license office of the Department of Highway Safety and

532

Motor Vehicles, unless a driver's license or identification card

533

was previously secured or updated under s. 944.607~~(9)~~. At the

534

driver's license office the sexual offender shall:

535

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

536

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

537

identification card. The sexual offender shall identify himself

538

or herself as a sexual offender who is required to comply with

539

this section and shall provide proof that the sexual offender

540

reported as required in subsection (2). The sexual offender

541

shall provide any of the information specified in subsection

542

(2), if requested. The sexual offender shall submit to the

543

taking of a photograph for use in issuing a driver's license,

544

renewed license, or identification card, and for use by the

545

department in maintaining current records of sexual offenders.

546

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

547

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

548

license or identification card as required by this section.

549

550

necessary to confirm the identity of the sexual offender,

551

including a set of fingerprints.

552

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

553

identification card is subject to renewal, and, without regard

554

to the status of the offender's driver's license or

555

identification card, within 48 hours after any change in the

556

offender's permanent or temporary residence or change in the

557

offender's name by reason of marriage or other legal process,

558

the offender shall report in person to a driver's license

559

office, and shall be subject to the requirements specified in

560

subsection (3). The Department of Highway Safety and Motor

561

Vehicles shall forward to the department all photographs and

562

information provided by sexual offenders. Notwithstanding the

563

restrictions set forth in s. 322.142, the Department of Highway

564

Safety and Motor Vehicles is authorized to release a

565

reproduction of a color-photograph or digital-image license to

566

the Department of Law Enforcement for purposes of public

567

notification of sexual offenders as provided in ss. 943.043,

568

943.0435, and 944.606.

569

(b) A sexual offender who vacates a permanent residence

570

and fails to establish or maintain another permanent or

571

temporary residence shall, within 48 hours after vacating the

572

permanent residence, report in person to the department or the

573

sheriff's office of the county in which he or she is located.

574

The sexual offender shall specify the date upon which he or she

575

intends to or did vacate such residence. The sexual offender

576

must provide or update all of the registration information

577

required under paragraph (2)(b). The sexual offender must

578

provide an address for the residence or other location that he

579

or she is or will be occupying during the time in which he or

580

she fails to establish or maintain a permanent or temporary

581

residence.

582

583

after reporting his or her intent to vacate such residence

584

shall, within 48 hours after the date upon which the offender

585

indicated he or she would or did vacate such residence, report

586

in person to the agency to which he or she reported pursuant to

587

paragraph (b) for the purpose of reporting his or her address at

588

such residence. If the sheriff receives the report, the sheriff

589

shall promptly convey the information to the department. An

590

offender who makes a report as required under paragraph (b) but

591

fails to make a report as required under this paragraph commits

592

a felony of the second degree, punishable as provided in s.

593

775.082, s. 775.083, or s. 775.084.

594

(5) This section does not apply to a sexual offender who

595

is also a sexual predator, as defined in s. 775.21. A sexual

596

predator must register as required under s. 775.21.

597

(9)(a) A sexual offender who does not comply with the

598

requirements of this section commits a felony of the third

599

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

600

775.084.

601

(b) A sexual offender who commits any act or omission in

602

violation of this section may be prosecuted for the act or

603

omission in the county in which the act or omission was

604

committed, the county of the last registered address of the

605

sexual offender, or the county in which the conviction occurred

606

for the offense or offenses that meet the criteria for

607

designating a person as a sexual offender.

608

609

service of an information or a complaint for a violation of this

610

section, or an arraignment on charges for a violation of this

611

section constitutes actual notice of the duty to register. A

612

sexual offender's failure to immediately register as required by

613

this section following such arrest, service, or arraignment

614

constitutes grounds for a subsequent charge of failure to

615

616

617

the duty to register as a defense to a charge of failure to

618

619

A sexual offender who is charged with a subsequent failure to

620

621

duty to register.

622

(d) Registration following such arrest, service, or

623

arraignment is not a defense and does not relieve the sexual

624

offender of criminal liability for the failure to register.

625

(e) The lack of a permanent or temporary residence is not

626

a defense and does not relieve the sexual offender of his or her

627

responsibility to register pursuant to the provisions of this

628

section.

629

Section 3. Paragraph (a) of subsection (1) of section

630

944.606, Florida Statutes, is amended to read:

631

944.606 Sexual offenders; notification upon release.--

632

(1) As used in this section:

633

(a) "Convicted" means there has been a determination of

634

guilt as a result of a trial or the entry of a plea of guilty or

635

nolo contendere, regardless of whether adjudication is withheld.

636

A conviction for a similar offense includes, but is not limited

637

to, a conviction by a federal or military tribunal, including

638

courts-martial conducted by the Armed Forces of the United

639

States, and includes a conviction or entry of a plea of guilty

640

or nolo contendere resulting in a sanction in any state of the

641

United States or other jurisdiction. A sanction includes, but is

642

not limited to, a fine, probation, community control, parole,

643

conditional release, control release, or incarceration in a

644

state prison, federal prison, private correctional facility, or

645

local detention facility.

646

Section 4. Paragraph (b) of subsection (1) and subsections

647

(4) and (10) of section 944.607, Florida Statutes, are amended,

648

and subsection (9) of said section is reenacted for the purpose

649

of incorporating the amendments to sections 775.21 and 943.0435,

650

Florida Statutes, in references thereto, to read:

651

944.607 Notification to Department of Law Enforcement of

652

information on sexual offenders.--

653

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

654

(b) "Conviction" means a determination of guilt which is

655

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

656

contendere, regardless of whether adjudication is withheld.

657

Conviction of a similar offense includes, but is not limited to,

658

a conviction by a federal or military tribunal, including

659

courts-martial conducted by the Armed Forces of the United

660

States, and includes a conviction or entry of a plea of guilty

661

or nolo contendere resulting in a sanction in any state of the

662

United States or other jurisdiction. A sanction includes, but is

663

not limited to, a fine, probation, community control, parole,

664

conditional release, control release, or incarceration in a

665

state prison, federal prison, private correctional facility, or

666

local detention facility.

667

(4) A sexual offender, as described in this section, who

668

is under the supervision of the Department of Corrections but is

669

not incarcerated must register with the Department of

670

Corrections and provide ~~the following~~ information as required by

671

this subsection.:

672

(a) The sexual offender must provide his or her name; date

673

of birth; social security number; race; sex; height; weight;

674

hair and eye color; tattoos or other identifying marks; and

675

permanent or legal residence and address of temporary residence

676

within the state or out of state while the sexual offender is

677

under supervision in this state, including any rural route

678

address or post office box. The Department of Corrections shall

679

verify the address of each sexual offender in the manner

680

described in ss. 775.21 and 943.0435.

681

(b) If the sexual offender is enrolled, employed, or

682

carrying on a vocation at an institution of higher education in

683

this state, the sexual offender must provide the name, address,

684

and county of each institution, including each campus attended,

685

and the sexual offender's enrollment or employment status. Each

686

change in enrollment or employment status shall be reported to

687

the department within 48 hours after the change in status. The

688

Department of Corrections shall promptly notify each institution

689

of the sexual offender's presence and any change in the sexual

690

offender's enrollment or employment status.

691

(9) A sexual offender, as described in this section, who

692

is under the supervision of the Department of Corrections but

693

who is not incarcerated shall, in addition to the registration

694

requirements provided in subsection (4), register in the manner

695

provided in s. 943.0435(3), (4), and (5), unless the sexual

696

offender is a sexual predator, in which case he or she shall

697

698

fails to comply with the requirements of s. 943.0435 is subject

699

to the penalties provided in s. 943.0435(9).

700

(10)(a) The failure of a sexual offender to submit to the

701

taking of a digitized photograph, or to otherwise comply with

702

the requirements of this section, is a felony of the third

703

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

704

775.084.

705

(b) A sexual offender who commits any act or omission in

706

violation of this section may be prosecuted for the act or

707

omission in the county in which the act or omission was

708

committed, the county of the last registered address of the

709

sexual offender, or the county in which the conviction occurred

710

for the offense or offenses that meet the criteria for

711

designating a person as a sexual offender.

712

713

service of an information or a complaint for a violation of this

714

section, or an arraignment on charges for a violation of this

715

section constitutes actual notice of the duty to register. A

716

sexual offender's failure to immediately register as required by

717

this section following such arrest, service, or arraignment

718

constitutes grounds for a subsequent charge of failure to

719

720

721

the duty to register as a defense to a charge of failure to

722

723

A sexual offender who is charged with a subsequent failure to

724

725

duty to register.

726

(d) Registration following such arrest, service, or

727

arraignment is not a defense and does not relieve the sexual

728

offender of criminal liability for the failure to register.

729

(e) The lack of a permanent or temporary residence is not

730

a defense and does not relieve the sexual offender of his or her

731

responsibility to register pursuant to the provisions of this

732

section.

733

Section 5. For the purpose of incorporating the amendments

734

to sections 775.21, 943.0435, and 944.607, Florida Statutes, in

735

references thereto, subsection (5) of section 775.13, Florida

736

Statutes, is reenacted to read:

737

775.13 Registration of convicted felons, exemptions;

738

penalties.--

739

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

740

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

741

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

742

which convicted;

743

744

other sentence or supervision for a felony conviction for more

745

than 5 years prior to such time for registration, unless the

746

offender is a fugitive from justice on a felony charge or has

747

been convicted of any offense since release from such

748

incarceration or other sentence or supervision;

749

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

750

of the United States Parole Commission if the commission knows

751

of and consents to the presence of the offender in Florida or is

752

a probationer under the supervision of any federal probation

753

officer in the state or who has been lawfully discharged from

754

such parole or probation;

755

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

756

required under s. 775.21;

757

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

758

required in s. 943.0435 or s. 944.607; or

759

(g) Who is a career offender who has registered as

760

required in s. 775.261 or s. 944.609.

761

Section 6. For the purpose of incorporating the amendments

762

to sections 943.0435, 944.606, and 944.607, Florida Statutes, in

763

references thereto, subsection (2) of section 943.0436, Florida

764

Statutes, is reenacted to read:

765

943.0436 Duty of the court to uphold laws governing sexual

766

predators and sexual offenders.--

767

(2) If a person meets the criteria in chapter 775 for

768

designation as a sexual predator or meets the criteria in s.

769

943.0435, s. 944.606, s. 944.607, or any other law for

770

classification as a sexual offender, the court may not enter an

771

order, for the purpose of approving a plea agreement or for any

772

other reason, which:

773

(a) Exempts a person who meets the criteria for

774

designation as a sexual predator or classification as a sexual

775

offender from such designation or classification, or exempts

776

such person from the requirements for registration or community

777

and public notification imposed upon sexual predators and sexual

778

offenders;

779

(b) Restricts the compiling, reporting, or release of

780

public records information that relates to sexual predators or

781

sexual offenders; or

782

783

duties or operating within its statutorily conferred authority

784

as such duty or authority relates to sexual predators or sexual

785

offenders.

786

Section 7. For the purpose of incorporating the amendments

787

to sections 943.0435, 944.606, and 944.607, Florida Statutes, in

788

references thereto, subsection (2) of section 775.24, Florida

789

Statutes, is reenacted to read:

790

775.24 Duty of the court to uphold laws governing sexual

791

predators and sexual offenders.--

792

(2) If a person meets the criteria in this chapter for

793

designation as a sexual predator or meets the criteria in s.

794

943.0435, s. 944.606, s. 944.607, or any other law for

795

classification as a sexual offender, the court may not enter an

796

order, for the purpose of approving a plea agreement or for any

797

other reason, which:

798

(a) Exempts a person who meets the criteria for

799

designation as a sexual predator or classification as a sexual

800

offender from such designation or classification, or exempts

801

such person from the requirements for registration or community

802

and public notification imposed upon sexual predators and sexual

803

offenders;

804

(b) Restricts the compiling, reporting, or release of

805

public records information that relates to sexual predators or

806

sexual offenders; or

807

808

duties or operating within its statutorily conferred authority

809

as such duty or authority relates to sexual predators or sexual

810

offenders.

811

Section 8. For the purpose of incorporating the amendments

812

to sections 775.21, 943.0435, 944.606, and 944.607, Florida

813

Statutes, in references thereto, section 775.25, Florida

814

Statutes, is reenacted to read:

815

775.25 Prosecutions for acts or omissions.--A sexual

816

predator or sexual offender who commits any act or omission in

817

violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.

818

944.607, or s. 947.177 may be prosecuted for the act or omission

819

in the county in which the act or omission was committed, the

820

county of the last registered address of the sexual predator or

821

sexual offender, or the county in which the conviction occurred

822

for the offense or offenses that meet the criteria for

823

designating a person as a sexual predator or sexual offender. In

824

addition, a sexual predator may be prosecuted for any such act

825

or omission in the county in which he or she was designated a

826

sexual predator.

827

Section 9. For the purpose of incorporating the amendments

828

to sections 775.21, 943.0435, and 944.607, Florida Statutes, in

829

references thereto, paragraph (b) of subsection (3) of section

830

775.261, Florida Statutes, is reenacted to read:

831

775.261 The Florida Career Offender Registration Act;

832

definitions; criteria; designation; registration; community

833

notification; immunity; penalties.--

834

(3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--

835

(b) This section does not apply to any person who has been

836

designated as a sexual predator and required to register under

837

s. 775.21 or who is required to register as a sexual offender

838

under s. 943.0435 or s. 944.607. However, if a person is no

839

longer required to register as a sexual predator under s. 775.21

840

or as a sexual offender under s. 943.0435 or s. 944.607, the

841

person must register as a career offender under this section if

842

the person is otherwise designated as a career offender as

843

provided in this section.

844

Section 10. For the purpose of incorporating the

845

amendments to sections 775.21 and 943.0435, Florida Statutes, in

846

references thereto, paragraph (f) of subsection (3) of section

847

921.0022, Florida Statutes, is reenacted to read:

848

921.0022 Criminal Punishment Code; offense severity

849

ranking chart.--

850

(3) OFFENSE SEVERITY RANKING CHART

FloridaStatute

FelonyDegree

Description

851

(f) LEVEL 6

852

316.193(2)(b)

3rd

Felony DUI, 4th or subsequent conviction.

853

499.0051(3)

2nd

Forgery of pedigree papers.

854

499.0051(4)

2nd

Purchase or receipt of legend drug from unauthorized person.

855

499.0051(5)

2nd

Sale of legend drug to unauthorized person.

856

775.0875(1)

3rd

Taking firearm from law enforcement officer.

857

775.21(10)

3rd

Sexual predators; failure to register; failure to renew driver's license or identification card.

858

784.021(1)(a)

3rd

Aggravated assault; deadly weapon without intent to kill.

859

784.021(1)(b)

3rd

Aggravated assault; intent to commit felony.

860

784.041

3rd

Felony battery.

861

784.048(3)

3rd

Aggravated stalking; credible threat.

862

784.048(5)

3rd

Aggravated stalking of person under 16.

863

784.07(2)(c)

2nd

Aggravated assault on law enforcement officer.

864

784.074(1)(b)

2nd

Aggravated assault on sexually violent predators facility staff.

865

784.08(2)(b)

2nd

Aggravated assault on a person 65 years of age or older.

866

784.081(2)

2nd

Aggravated assault on specified official or employee.

867

784.082(2)

2nd

Aggravated assault by detained person on visitor or other detainee.

868

784.083(2)

2nd

Aggravated assault on code inspector.

869

787.02(2)

3rd

False imprisonment; restraining with purpose other than those in s. 787.01.

870

790.115(2)(d)

2nd

Discharging firearm or weapon on school property.

871

790.161(2)

2nd

Make, possess, or throw destructive device with intent to do bodily harm or damage property.

872

790.164(1)

2nd

False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.

873

790.19

2nd

Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.

874

794.011(8)(a)

3rd

Solicitation of minor to participate in sexual activity by custodial adult.

875

794.05(1)

2nd

Unlawful sexual activity with specified minor.

876

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.

877

800.04(6)(b)

2nd

Lewd or lascivious conduct; offender 18 years of age or older.

878

806.031(2)

2nd

Arson resulting in great bodily harm to firefighter or any other person.

879

810.02(3)(c)

2nd

Burglary of occupied structure; unarmed; no assault or battery.

880

812.014(2)(b)1.

2nd

Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.

881

812.014(2)(b)2.

2nd

Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.

882

812.015(9)

2nd

Retail theft; property stolen $300 or more; second or subsequent conviction.

883

812.13(2)(c)

2nd

Robbery, no firearm or other weapon (strong-arm robbery).

884

817.034(4)(a)1.

1st

Communications fraud, value greater than $50,000.

885

817.4821(5)

2nd

Possess cloning paraphernalia with intent to create cloned cellular telephones.

886

825.102(1)

3rd

Abuse of an elderly person or disabled adult.

887

825.102(3)(c)

3rd

Neglect of an elderly person or disabled adult.

888

825.1025(3)

3rd

Lewd or lascivious molestation of an elderly person or disabled adult.

889

825.103(2)(c)

3rd

Exploiting an elderly person or disabled adult and property is valued at less than $20,000.

890

827.03(1)

3rd

Abuse of a child.

891

827.03(3)(c)

3rd

Neglect of a child.

892

827.071(2)&(3)

2nd

Use or induce a child in a sexual performance, or promote or direct such performance.

893

836.05

2nd

Threats; extortion.

894

836.10

2nd

Written threats to kill or do bodily injury.

895

843.12

3rd

Aids or assists person to escape.

896

847.0135(3)

3rd

Solicitation of a child, via a computer service, to commit an unlawful sex act.

897

914.23

2nd

Retaliation against a witness, victim, or informant, with bodily injury.

898

943.0435(9)

3rd

Sex offenders; failure to comply with reporting requirements.

899

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.

900

944.40

2nd

Escapes.

901

944.46

3rd

Harboring, concealing, aiding escaped prisoners.

902

944.47(1)(a)5.

2nd

Introduction of contraband (firearm, weapon, or explosive) into correctional facility.

903

951.22(1)

3rd

Intoxicating drug, firearm, or weapon introduced into county facility.

904

905

Section 11. For the purpose of incorporating the

906

amendments to sections 775.21 and 944.607, Florida Statutes, in

907

references thereto, subsection (7) of section 944.608, Florida

908

Statutes, is reenacted to read:

909

944.608 Notification to Department of Law Enforcement of

910

information on career offenders.--

911

(7) A career offender who is under the supervision of the

912

department but who is not incarcerated shall, in addition to the

913

registration requirements provided in subsection (3), register

914

in the manner provided in s. 775.261(4)(c), unless the career

915

offender is a sexual predator, in which case he or she shall

916

917

in which case he or she shall register as required in s.

918

944.607. A career offender who fails to comply with the

919

requirements of s. 775.261(4) is subject to the penalties

920

provided in s. 775.261(8).

921

Section 12. For the purpose of incorporating the amendment

922

to section 775.21, Florida Statutes, in a reference thereto,

923

paragraph (d) of subsection (1) of section 39.806, Florida

924

Statutes, is reenacted to read:

925

39.806 Grounds for termination of parental rights.--

926

(1) The department, the guardian ad litem, or any person

927

who has knowledge of the facts alleged or who is informed of

928

those facts and believes that they are true may petition for the

929

termination of parental rights under any of the following

930

circumstances:

931

(d) When the parent of a child is incarcerated in a state

932

or federal correctional institution and either:

933

1. The period of time for which the parent is expected to

934

be incarcerated will constitute a substantial portion of the

935

period of time before the child will attain the age of 18 years;

936

2. The incarcerated parent has been determined by the

937

court to be a violent career criminal as defined in s. 775.084,

938

a habitual violent felony offender as defined in s. 775.084, or

939

a sexual predator as defined in s. 775.21; has been convicted of

940

first degree or second degree murder in violation of s. 782.04

941

or a sexual battery that constitutes a capital, life, or first

942

degree felony violation of s. 794.011; or has been convicted of

943

an offense in another jurisdiction which is substantially

944

similar to one of the offenses listed in this paragraph. As used

945

in this section, the term "substantially similar offense" means

946

any offense that is substantially similar in elements and

947

penalties to one of those listed in this subparagraph, and that

948

is in violation of a law of any other jurisdiction, whether that

949

of another state, the District of Columbia, the United States or

950

any possession or territory thereof, or any foreign

951

jurisdiction; or

952

3. The court determines by clear and convincing evidence

953

that continuing the parental relationship with the incarcerated

954

parent would be harmful to the child and, for this reason, that

955

termination of the parental rights of the incarcerated parent is

956

in the best interest of the child.

957

Section 13. For the purpose of incorporating the amendment

958

to section 775.21, Florida Statutes, in a reference thereto,

959

paragraph (b) of subsection (4) of section 63.089, Florida

960

Statutes, is reenacted to read:

961

63.089 Proceeding to terminate parental rights pending

962

adoption; hearing; grounds; dismissal of petition; judgment.--

963

(4) FINDING OF ABANDONMENT.--A finding of abandonment

964

resulting in a termination of parental rights must be based upon

965

clear and convincing evidence that a parent or person having

966

legal custody has abandoned the child in accordance with the

967

definition contained in s. 63.032(1). A finding of abandonment

968

may be based upon emotional abuse or a refusal to provide

969

reasonable financial support, when able, to a birth mother

970

during her pregnancy. If, in the opinion of the court, the

971

efforts of a parent or person having legal custody of the child

972

to support and communicate with the child are only marginal

973

efforts that do not evince a settled purpose to assume all

974

parental duties, the court may declare the child to be

975

abandoned. In making this decision, the court may consider the

976

conduct of a father toward the child's mother during her

977

pregnancy.

978

(b) The child has been abandoned when the parent of a

979

child is incarcerated on or after October 1, 2001, in a state or

980

federal correctional institution and:

981

1. The period of time for which the parent is expected to

982

be incarcerated will constitute a substantial portion of the

983

period of time before the child will attain the age of 18 years;

984

2. The incarcerated parent has been determined by the

985

court to be a violent career criminal as defined in s. 775.084,

986

a habitual violent felony offender as defined in s. 775.084,

987

convicted of child abuse as defined in s. 827.03, or a sexual

988

predator as defined in s. 775.21; has been convicted of first

989

degree or second degree murder in violation of s. 782.04 or a

990

sexual battery that constitutes a capital, life, or first degree

991

felony violation of s. 794.011; or has been convicted of an

992

offense in another jurisdiction which is substantially similar

993

to one of the offenses listed in this subparagraph. As used in

994

this section, the term "substantially similar offense" means any

995

offense that is substantially similar in elements and penalties

996

to one of those listed in this subparagraph, and that is in

997

violation of a law of any other jurisdiction, whether that of

998

another state, the District of Columbia, the United States or

999

any possession or territory thereof, or any foreign

1000

jurisdiction; or

1001

3. The court determines by clear and convincing evidence

1002

that continuing the parental relationship with the incarcerated

1003

parent would be harmful to the child and, for this reason, that

1004

termination of the parental rights of the incarcerated parent is

1005

in the best interest of the child.

1006

Section 14. For the purpose of incorporating the amendment

1007

to section 775.21, Florida Statutes, in a reference thereto,

1008

subsection (3) of section 63.092, Florida Statutes, is reenacted

1009

to read:

1010

63.092 Report to the court of intended placement by an

1011

adoption entity; at-risk placement; preliminary study.--

1012

(3) PRELIMINARY HOME STUDY.--Before placing the minor in

1013

the intended adoptive home, a preliminary home study must be

1014

performed by a licensed child-placing agency, a child-caring

1015

agency registered under s. 409.176, a licensed professional, or

1016

agency described in s. 61.20(2), unless the adoptee is an adult

1017

or the petitioner is a stepparent or a relative. If the adoptee

1018

is an adult or the petitioner is a stepparent or a relative, a

1019

preliminary home study may be required by the court for good

1020

cause shown. The department is required to perform the

1021

preliminary home study only if there is no licensed child-

1022

placing agency, child-caring agency registered under s. 409.176,

1023

licensed professional, or agency described in s. 61.20(2), in

1024

the county where the prospective adoptive parents reside. The

1025

preliminary home study must be made to determine the suitability

1026

of the intended adoptive parents and may be completed prior to

1027

identification of a prospective adoptive minor. A favorable

1028

preliminary home study is valid for 1 year after the date of its

1029

completion. Upon its completion, a copy of the home study must

1030

be provided to the intended adoptive parents who were the

1031

subject of the home study. A minor may not be placed in an

1032

intended adoptive home before a favorable preliminary home study

1033

is completed unless the adoptive home is also a licensed foster

1034

home under s. 409.175. The preliminary home study must include,

1035

at a minimum:

1036

(a) An interview with the intended adoptive parents;

1037

(b) Records checks of the department's central abuse

1038

registry and criminal records correspondence checks pursuant to

1039

s. 435.045 through the Department of Law Enforcement on the

1040

intended adoptive parents;

1041

1042

(d) A determination of the financial security of the

1043

intended adoptive parents;

1044

(e) Documentation of counseling and education of the

1045

intended adoptive parents on adoptive parenting;

1046

(f) Documentation that information on adoption and the

1047

adoption process has been provided to the intended adoptive

1048

parents;

1049

(g) Documentation that information on support services

1050

available in the community has been provided to the intended

1051

adoptive parents; and

1052

(h) A copy of each signed acknowledgment of receipt of

1053

disclosure required by s. 63.085.

1054

1055

If the preliminary home study is favorable, a minor may be

1056

placed in the home pending entry of the judgment of adoption. A

1057

minor may not be placed in the home if the preliminary home

1058

study is unfavorable. If the preliminary home study is

1059

unfavorable, the adoption entity may, within 20 days after

1060

receipt of a copy of the written recommendation, petition the

1061

court to determine the suitability of the intended adoptive

1062

home. A determination as to suitability under this subsection

1063

does not act as a presumption of suitability at the final

1064

hearing. In determining the suitability of the intended adoptive

1065

home, the court must consider the totality of the circumstances

1066

in the home. No minor may be placed in a home in which there

1067

resides any person determined by the court to be a sexual

1068

predator as defined in s. 775.21 or to have been convicted of an

1069

offense listed in s. 63.089(4)(b)2.

1070

Section 15. For the purpose of incorporating the amendment

1071

to section 775.21, Florida Statutes, in references thereto,

1072

subsection (4) of section 944.609, Florida Statutes, is

1073

reenacted to read:

1074

944.609 Career offenders; notification upon release.--

1075

(4) The department or any law enforcement agency may

1076

notify the community and the public of a career offender's

1077

presence in the community. However, with respect to a career

1078

offender who has been found to be a sexual predator under s.

1079

775.21, the Department of Law Enforcement or any other law

1080

enforcement agency must inform the community and the public of

1081

the career offender's presence in the community, as provided in

1082

s. 775.21.

1083

Section 16. For the purpose of incorporating the amendment

1084

to section 775.21, Florida Statutes, in a reference thereto,

1085

paragraph (c) of subsection (2) of section 947.1405, Florida

1086

Statutes, is reenacted to read:

1087

947.1405 Conditional release program.--

1088

(2) Any inmate who:

1089

1090

former s. 775.23,

1091

1092

shall, upon reaching the tentative release date or provisional

1093

release date, whichever is earlier, as established by the

1094

Department of Corrections, be released under supervision subject

1095

to specified terms and conditions, including payment of the cost

1096

of supervision pursuant to s. 948.09. Such supervision shall be

1097

applicable to all sentences within the overall term of sentences

1098

if an inmate's overall term of sentences includes one or more

1099

sentences that are eligible for conditional release supervision

1100

as provided herein. Effective July 1, 1994, and applicable for

1101

offenses committed on or after that date, the commission may

1102

require, as a condition of conditional release, that the

1103

releasee make payment of the debt due and owing to a county or

1104

municipal detention facility under s. 951.032 for medical care,

1105

treatment, hospitalization, or transportation received by the

1106

releasee while in that detention facility. The commission, in

1107

determining whether to order such repayment and the amount of

1108

such repayment, shall consider the amount of the debt, whether

1109

there was any fault of the institution for the medical expenses

1110

incurred, the financial resources of the releasee, the present

1111

and potential future financial needs and earning ability of the

1112

releasee, and dependents, and other appropriate factors. If any

1113

inmate placed on conditional release supervision is also subject

1114

to probation or community control, resulting from a probationary

1115

or community control split sentence within the overall term of

1116

sentences, the Department of Corrections shall supervise such

1117

person according to the conditions imposed by the court and the

1118

commission shall defer to such supervision. If the court revokes

1119

probation or community control and resentences the offender to a

1120

term of incarceration, such revocation also constitutes a

1121

sufficient basis for the revocation of the conditional release

1122

supervision on any nonprobationary or noncommunity control

1123

sentence without further hearing by the commission. If any such

1124

supervision on any nonprobationary or noncommunity control

1125

sentence is revoked, such revocation may result in a forfeiture

1126

of all gain-time, and the commission may revoke the resulting

1127

deferred conditional release supervision or take other action it

1128

considers appropriate. If the term of conditional release

1129

supervision exceeds that of the probation or community control,

1130

then, upon expiration of the probation or community control,

1131

authority for the supervision shall revert to the commission and

1132

the supervision shall be subject to the conditions imposed by

1133

the commission. A panel of no fewer than two commissioners shall

1134

establish the terms and conditions of any such release. If the

1135

offense was a controlled substance violation, the conditions

1136

shall include a requirement that the offender submit to random

1137

substance abuse testing intermittently throughout the term of

1138

conditional release supervision, upon the direction of the

1139

correctional probation officer as defined in s. 943.10(3). The

1140

commission shall also determine whether the terms and conditions

1141

of such release have been violated and whether such violation

1142

warrants revocation of the conditional release.

1143

Section 17. For the purpose of incorporating the amendment

1144

to section 775.21, Florida Statutes, in a reference thereto,

1145

subsection (3) of section 948.12, Florida Statutes, is reenacted

1146

to read:

1147

948.12 Intensive supervision for postprison release of

1148

violent offenders.--It is the finding of the Legislature that

1149

the population of violent offenders released from state prison

1150

into the community poses the greatest threat to the public

1151

safety of the groups of offenders under community supervision.

1152

Therefore, for the purpose of enhanced public safety, any

1153

offender released from state prison who:

1154

(3) Has been found to be a sexual predator pursuant to s.

1155

775.21,

1156

1157

and who has a term of probation to follow the period of

1158

incarceration shall be provided intensive supervision by

1159

experienced correctional probation officers. Subject to specific

1160

appropriation by the Legislature, caseloads may be restricted to

1161

a maximum of 40 offenders per officer to provide for enhanced

1162

public safety as well as to effectively monitor conditions of

1163

electronic monitoring or curfews, if such was ordered by the

1164

court.

1165

Section 18. This act shall take effect July 1, 2004.

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