Senate Bill sb2054

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    Florida Senate - 2004                                  SB 2054

    By Senator Campbell





    32-1065-04

  1                      A bill to be entitled

  2         An act relating to sexual offenders and

  3         predators; amending ss. 775.21, 943.0435, and

  4         944.607, F.S.; redefining the term "temporary

  5         residence" for purposes of the Florida Sexual

  6         Predators Act; revising the requirements for

  7         registering as a sexual offender or predator

  8         with the Department of Corrections or the

  9         sheriff's office if the offender has more than

10         one residence, lacks a temporary or permanent

11         residence, or lists a homeless shelter as his

12         or her residence; requiring the sexual offender

13         or predator to register annually; providing a

14         penalty for failing to register; providing that

15         a defendant's confession or admission is

16         admissible during trial without the prosecution

17         proving the corpus delicti of the crime under

18         certain circumstances; requiring the

19         prosecution to prove by a preponderance of the

20         evidence that there is sufficient evidence to

21         establish the trustworthiness of the

22         defendant's confession or admission; providing

23         for venue; providing an effective date.

24  

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

26  

27         Section 1.  Paragraph (g) of subsection (2) and

28  subsections (4), (5), (6), and (10) of section 775.21, Florida

29  Statutes, are amended to read:

30         775.21  The Florida Sexual Predators Act; definitions;

31  legislative findings, purpose, and intent; criteria;

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 1  designation; registration; community and public notification;

 2  immunity; penalties.--

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

 4         (g)  "Temporary residence" means a place where the

 5  person abides, lodges, or resides for a period of 14 or more

 6  days in the aggregate during any calendar year and which is

 7  not the person's permanent address; for a person whose

 8  permanent residence is not in this state, a place where the

 9  person is employed, practices a vocation, or is enrolled as a

10  student for any period of time in this state; or a place where

11  the person routinely abides, lodges, or resides for a period

12  of 48 4 or more consecutive or nonconsecutive hours days in

13  any month and which is not the person's permanent residence,

14  including any out-of-state address.

15         (4)  SEXUAL PREDATOR CRITERIA.--

16         (a)  The offender shall be designated as a "sexual

17  predator" under subsection (5) and subject to registration

18  under subsection (6) and community and public notification

19  under subsection (7) if the offender has been designated by a

20  civil court to be a sexually violent predator under chapter

21  394 or a similar proceeding in another state.

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

23  October 1, 1993, upon conviction, an offender shall be

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

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

26  public notification under subsection (7) if:

27         1.  The felony is:

28         a.  A capital, life, or first-degree felony violation,

29  or any attempt thereof, of s. 787.01 or s. 787.02, where the

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

31  

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 1  parent, or of chapter 794, s. 800.04, or s. 847.0145, or a

 2  violation of a similar law of another jurisdiction; or

 3         b.  Any felony violation, or any attempt thereof, of s.

 4  787.01, s. 787.02, or s. 787.025, where the victim is a minor

 5  and the defendant is not the victim's parent; chapter 794,

 6  excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04;

 7  s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation

 8  of a similar law of another jurisdiction, and the offender has

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

10  has pled nolo contendere or guilty to, regardless of

11  adjudication, any violation of s. 787.01, s. 787.02, or s.

12  787.025, where the victim is a minor and the defendant is not

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

14  794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

15  847.0133; s. 847.0135; or s. 847.0145, or a violation of a

16  similar law of another jurisdiction;

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

18  felony or similar law of another jurisdiction that is

19  necessary for the operation of this paragraph; and

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

21  jurisdiction necessary to the operation of this paragraph has

22  not been set aside in any postconviction proceeding.

23         (c)(b)  In order to be counted as a prior felony for

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

25  a conviction sentenced separately, or an adjudication of

26  delinquency entered separately, prior to the current offense

27  and sentenced or adjudicated separately from any other felony

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

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

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

31  prior felony under this subsection if the offender has not

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

 2  consecutive years from the most recent date of release from

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

 4         (d)(c)  If an offender has been registered as a sexual

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

 6  any other law enforcement agency and if:

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

 8  written finding at the time of sentencing that the offender

 9  was a sexual predator; or

10         2.  The offender was administratively registered as a

11  sexual predator because the Department of Corrections, the

12  department, or any other law enforcement agency obtained

13  information that indicated that the offender met the criteria

14  for designation as a sexual predator based on a violation of a

15  similar law in another jurisdiction,

16  

17  the department shall remove that offender from the

18  department's list of sexual predators and, for an offender

19  described under subparagraph 1., shall notify the state

20  attorney who prosecuted the offense that met the criteria for

21  administrative designation as a sexual predator, and, for an

22  offender described under this subparagraph, shall notify the

23  state attorney of the county where the offender establishes or

24  maintains a permanent or temporary residence. The state

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

26  order to establish that the offender meets the criteria for

27  designation as a sexual predator. If the court makes a written

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

29  must be designated as a sexual predator, must register or be

30  registered as a sexual predator with the department as

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

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 1  and public notification as provided in subsection (7). If the

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

 3  sexual predator, the offender may not be designated as a

 4  sexual predator with respect to that offense and is not

 5  required to register or be registered as a sexual predator

 6  with the department.

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

 8  designated as a sexual predator as follows:

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

10  criteria described in paragraph (4)(a) or (b) who is before

11  the court for sentencing for a current offense committed on or

12  after October 1, 1993, is a sexual predator, and the

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

14  sentencing that the offender is a sexual predator, and the

15  clerk of the court shall transmit a copy of the order

16  containing the written finding to the department within 48

17  hours after the entry of the order; or

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

19  or any other law enforcement agency obtains information that

20  which indicates that an offender who establishes or maintains

21  a permanent or temporary residence in this state meets the

22  sexual predator criteria described in paragraph (4)(a) or (b)

23  because the offender was civilly committed, or committed a

24  similar violation in another jurisdiction on or after October

25  1, 1993, the Department of Corrections, the department, or the

26  law enforcement agency shall notify the state attorney of the

27  county where the offender establishes or maintains a permanent

28  or temporary residence of the offender's presence in the

29  community. The state attorney shall file a petition with the

30  criminal division of the circuit court for the purpose of

31  holding a hearing to determine if the offender's criminal

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 1  record from another jurisdiction meets the sexual predator

 2  criteria. If the court finds that the offender meets the

 3  sexual predator criteria because the offender has violated a

 4  similar law or similar laws in another jurisdiction, the court

 5  shall make a written finding that the offender is a sexual

 6  predator.

 7  

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

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

10  the registration and community and public notification

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

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

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

14  written sexual predator finding to the department. If the

15  offender is sentenced to a term of imprisonment or

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

17  finding must be submitted to the Department of Corrections.

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

19  imprisonment, the clerk of the court shall ensure that the

20  sexual predator's fingerprints are taken and forwarded to the

21  department within 48 hours after the court renders its written

22  sexual predator finding. The fingerprint card shall be clearly

23  marked, "Sexual Predator Registration Card." The clerk of the

24  court that convicts and sentences the sexual predator for the

25  offense or offenses described in subsection (4) shall forward

26  to the department and to the Department of Corrections a

27  certified copy of any order entered by the court imposing any

28  special condition or restriction on the sexual predator which

29  restricts or prohibits access to the victim, if the victim is

30  a minor, or to other minors.

31  

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 1         (c)  If the Department of Corrections, the department,

 2  or any other law enforcement agency obtains information which

 3  indicates that an offender meets the sexual predator criteria

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

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

 6  Department of Corrections, the department, or the law

 7  enforcement agency shall notify the state attorney who

 8  prosecuted the offense for offenders described in subparagraph

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

10  establishes or maintains a residence upon first entering the

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

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

13  order to establish that the offender meets the sexual predator

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

15  offender meets the sexual predator criteria and the court does

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

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

18  department as a sexual predator. The Department of

19  Corrections, the department, or any other law enforcement

20  agency shall not administratively designate an offender as a

21  sexual predator without a written finding from the court that

22  the offender is a sexual predator.

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

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

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

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

27  another sexual offender designation in another state or

28  jurisdiction and was, as a result of such designation,

29  subjected to registration or community or public notification,

30  or both, or would be if the person was a resident of that

31  state or jurisdiction, shall register in the manner provided

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 1  in s. 943.0435 or s. 944.607 and shall be subject to community

 2  and public notification as provided in s. 943.0435 or s.

 3  944.607. A person who meets the criteria of this section is

 4  subject to the requirements and penalty provisions of s.

 5  943.0435 or s. 944.607 until the person provides the

 6  department with an order issued by the court that designated

 7  the person as a sexual predator, as a sexually violent

 8  predator, or by another sexual offender designation in the

 9  state or jurisdiction in which the order was issued which

10  states that such designation has been removed or demonstrates

11  to the department that such designation, if not imposed by a

12  court, has been removed by operation of law or court order in

13  the state or jurisdiction in which the designation was made,

14  and provided such person no longer meets the criteria for

15  registration as a sexual offender under the laws of this

16  state.

17         (6)  REGISTRATION.--

18         (a)  A sexual predator must register with the

19  department by providing the following information to the

20  department:

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

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

23  address of legal residence and address of any current

24  temporary residence, within the state or out of state,

25  including a rural route address and a post office box, date

26  and place of any employment, date and place of each

27  conviction, fingerprints, and a brief description of the crime

28  or crimes committed by the offender. A post office box shall

29  not be provided in lieu of a physical residential address.

30         a.  If the sexual predator's place of residence is a

31  motor vehicle, trailer, mobile home, or manufactured home, as

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 1  defined in chapter 320, the sexual predator shall also provide

 2  to the department written notice of the vehicle identification

 3  number; the license tag number; the registration number; and a

 4  description, including color scheme, of the motor vehicle,

 5  trailer, mobile home, or manufactured home. If a sexual

 6  predator's place of residence is a vessel, live-aboard vessel,

 7  or houseboat, as defined in chapter 327, the sexual predator

 8  shall also provide to the department written notice of the

 9  hull identification number; the manufacturer's serial number;

10  the name of the vessel, live-aboard vessel, or houseboat; the

11  registration number; and a description, including color

12  scheme, of the vessel, live-aboard vessel, or houseboat.

13         b.  If the sexual predator is enrolled, employed, or

14  carrying on a vocation at an institution of higher education

15  in this state, the sexual predator shall also provide to the

16  department the name, address, and county of each institution,

17  including each campus attended, and the sexual predator's

18  enrollment or employment status. Each change in enrollment or

19  employment status shall be reported in person at the sheriff's

20  office, or the Department of Corrections if the sexual

21  predator is in the custody or control of or under the

22  supervision of the Department of Corrections, within 48 hours

23  after any change in status. The sheriff or the Department of

24  Corrections shall promptly notify each institution of the

25  sexual predator's presence and any change in the sexual

26  predator's enrollment or employment status.

27         c.  If the sexual predator has more than one place of

28  residence, the sexual predator shall register in each of the

29  jurisdictions in which he or she has a place of residence. If

30  all of the addresses are within the same jurisdiction, the

31  

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 1  sexual predator shall provide the registering authority with

 2  all of his or her addresses.

 3         d.  Any sexual predator who lacks a temporary or

 4  permanent residence and leaves the county in which he or she

 5  is registered and enters and remains within a new county for

 6  24 hours or more shall register with the county sheriff not

 7  more than 24 hours after entering the county and provide the

 8  information required in this section.

 9         e.  A sexual predator who lacks a temporary or

10  permanent residence or who lists a homeless shelter as a

11  residence must report weekly, in person, to the sheriff of the

12  county where he or she is registered. The weekly report shall

13  be on a day specified by the county sheriff's office and shall

14  occur during normal business hours. The county sheriff's

15  office may require the sexual predator to list the locations

16  where he or she has stayed during the last 7 days.

17         f.  Beginning on his or her first birthday following

18  registration or a change of address, the sexual predator shall

19  register annually, within 48 hours after his or her birthday,

20  to update his or her registration with the agencies described

21  under this section. At the annual update, the sexual predator

22  shall provide current information as outlined under this

23  section.

24         2.  Any other information determined necessary by the

25  department, including criminal and corrections records;

26  nonprivileged personnel and treatment records; and evidentiary

27  genetic markers when available.

28         (b)  If the sexual predator is in the custody or

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

30  Corrections, or is in the custody of a private correctional

31  facility, the sexual predator must register with the

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 1  Department of Corrections. The Department of Corrections shall

 2  provide to the department registration information and the

 3  location of, and local telephone number for, any Department of

 4  Corrections office that is responsible for supervising the

 5  sexual predator. In addition, the Department of Corrections

 6  shall notify the department if the sexual predator escapes or

 7  absconds from custody or supervision or if the sexual predator

 8  dies.

 9         (c)  If the sexual predator is in the custody of a

10  local jail, the custodian of the local jail shall register the

11  sexual predator and forward the registration information to

12  the department. The custodian of the local jail shall also

13  take a digitized photograph of the sexual predator while the

14  sexual predator remains in custody and shall provide the

15  digitized photograph to the department. The custodian shall

16  notify the department if the sexual predator escapes from

17  custody or dies.

18         (d)  If the sexual predator is under federal

19  supervision, the federal agency responsible for supervising

20  the sexual predator may forward to the department any

21  information regarding the sexual predator which is consistent

22  with the information provided by the Department of Corrections

23  under this section, and may indicate whether use of the

24  information is restricted to law enforcement purposes only or

25  may be used by the department for purposes of public

26  notification.

27         (e)  If the sexual predator is not in the custody or

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

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

30  correctional facility, and establishes or maintains a

31  residence in the state, the sexual predator shall register in

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

 2  office in the county in which the predator establishes or

 3  maintains a residence, within 48 hours after establishing

 4  permanent or temporary residence in this state. Any change in

 5  the sexual predator's permanent or temporary residence or

 6  name, after the sexual predator registers in person at an

 7  office of the department or at the sheriff's office, shall be

 8  accomplished in the manner provided in paragraphs (g), (i),

 9  and (j). If a sexual predator registers with the sheriff's

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

11  fingerprints of the predator and forward the photographs and

12  fingerprints to the department, along with the information

13  that the predator is required to provide pursuant to this

14  section.

15         (f)  Within 48 hours after the registration required

16  under paragraph (a) or paragraph (e), a sexual predator who is

17  not incarcerated and who resides in the community, including a

18  sexual predator under the supervision of the Department of

19  Corrections, shall register in person at a driver's license

20  office of the Department of Highway Safety and Motor Vehicles

21  and shall present proof of registration. At the driver's

22  license office the sexual predator shall:

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

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

25  identification card. The sexual predator shall identify

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

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

28  permanent or temporary residence, including a rural route

29  address and a post office box, and submit to the taking of a

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

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

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 1  in maintaining current records of sexual predators. A post

 2  office box shall not be provided in lieu of a physical

 3  residential address. If the sexual predator's place of

 4  residence is a motor vehicle, trailer, mobile home, or

 5  manufactured home, as defined in chapter 320, the sexual

 6  predator shall also provide to the Department of Highway

 7  Safety and Motor Vehicles the vehicle identification number;

 8  the license tag number; the registration number; and a

 9  description, including color scheme, of the motor vehicle,

10  trailer, mobile home, or manufactured home. If a sexual

11  predator's place of residence is a vessel, live-aboard vessel,

12  or houseboat, as defined in chapter 327, the sexual predator

13  shall also provide to the Department of Highway Safety and

14  Motor Vehicles the hull identification number; the

15  manufacturer's serial number; the name of the vessel,

16  live-aboard vessel, or houseboat; the registration number; and

17  a description, including color scheme, of the vessel,

18  live-aboard vessel, or houseboat.

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

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

21  license or identification card as required by this section.

22         3.  Provide, upon request, any additional information

23  necessary to confirm the identity of the sexual predator,

24  including a set of fingerprints.

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

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

27  hours after any change of the predator's residence or change

28  in the predator's name by reason of marriage or other legal

29  process, the predator shall report in person to a driver's

30  license office, and shall be subject to the requirements

31  specified in paragraph (f). The Department of Highway Safety

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 1  and Motor Vehicles shall forward to the department and to the

 2  Department of Corrections all photographs and information

 3  provided by sexual predators. Notwithstanding the restrictions

 4  set forth in s. 322.142, the Department of Highway Safety and

 5  Motor Vehicles is authorized to release a reproduction of a

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

 7  Law Enforcement for purposes of public notification of sexual

 8  predators as provided in this section.

 9         (h)  If the sexual predator registers at an office of

10  the department, the department must notify the sheriff and the

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

12  chief of the municipality, where the sexual predator maintains

13  a residence within 48 hours after the sexual predator

14  registers with the department.

15         (i)  A sexual predator who intends to establish

16  residence in another state or jurisdiction shall report in

17  person to the sheriff of the county of current residence or

18  the department within 48 hours before the date he or she

19  intends to leave this state to establish residence in another

20  state or jurisdiction. The sexual predator must provide to the

21  sheriff or department the address, municipality, county, and

22  state of intended residence. The sheriff shall promptly

23  provide to the department the information received from the

24  sexual predator. The department shall notify the statewide law

25  enforcement agency, or a comparable agency, in the intended

26  state or jurisdiction of residence of the sexual predator's

27  intended residence. The failure of a sexual predator to

28  provide his or her intended place of residence is punishable

29  as provided in subsection (10).

30         (j)  A sexual predator who indicates his or her intent

31  to reside in another state or jurisdiction and later decides

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 1  to remain in this state shall, within 48 hours after the date

 2  upon which the sexual predator indicated he or she would leave

 3  this state, report in person to the sheriff or the department,

 4  whichever agency is the agency to which the sexual predator

 5  reported the intended change of residence, of his or her

 6  intent to remain in this state. If the sheriff is notified by

 7  the sexual predator that he or she intends to remain in this

 8  state, the sheriff shall promptly report this information to

 9  the department. A sexual predator who reports his or her

10  intent to reside in another state or jurisdiction, but who

11  remains in this state without reporting to the sheriff or the

12  department in the manner required by this paragraph, commits a

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

14  775.082, s. 775.083, or s. 775.084.

15         (k)1.  The department is responsible for the on-line

16  maintenance of current information regarding each registered

17  sexual predator. The department must maintain hotline access

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

19  obtain instantaneous locator file and offender characteristics

20  information on all released registered sexual predators for

21  purposes of monitoring, tracking, and prosecution. The

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

23  computerized format.

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

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

26  a public record. The department is authorized to disseminate

27  this public information by any means deemed appropriate,

28  including operating a toll-free telephone number for this

29  purpose. When the department provides information regarding a

30  registered sexual predator to the public, department personnel

31  must advise the person making the inquiry that positive

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 1  identification of a person believed to be a sexual predator

 2  cannot be established unless a fingerprint comparison is made,

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

 4  registered sexual predator to facilitate the commission of a

 5  crime.

 6         3.  The department shall adopt guidelines as necessary

 7  regarding the registration of sexual predators and the

 8  dissemination of information regarding sexual predators as

 9  required by this section.

10         (l)  A sexual predator must maintain registration with

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

12  sexual predator has received a full pardon or has had a

13  conviction set aside in a postconviction proceeding for any

14  offense that met the criteria for the sexual predator

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

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

17  has been lawfully released from confinement, supervision, or

18  sanction, whichever is later, for at least 10 years and has

19  not been arrested for any felony or misdemeanor offense since

20  release, may petition the criminal division of the circuit

21  court in the circuit in which the sexual predator resides for

22  the purpose of removing the sexual predator designation. A

23  sexual predator who was designated a sexual predator by a

24  court on or after October 1, 1998, who has been lawfully

25  released from confinement, supervision, or sanction, whichever

26  is later, for at least 20 years, and who has not been arrested

27  for any felony or misdemeanor offense since release may

28  petition the criminal division of the circuit court in the

29  circuit in which the sexual predator resides for the purpose

30  of removing the sexual predator designation. The court may

31  grant or deny such relief if the petitioner demonstrates to

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

 2  since release, the requested relief complies with the

 3  provisions of the federal Jacob Wetterling Act, as amended,

 4  and any other federal standards applicable to the removal of

 5  the designation as a sexual predator or required to be met as

 6  a condition for the receipt of federal funds by the state, and

 7  the court is otherwise satisfied that the petitioner is not a

 8  current or potential threat to public safety. The state

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

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

11  hearing on the matter. The state attorney may present evidence

12  in opposition to the requested relief or may otherwise

13  demonstrate the reasons why the petition should be denied. If

14  the court denies the petition, the court may set a future date

15  at which the sexual predator may again petition the court for

16  relief, subject to the standards for relief provided in this

17  paragraph. Unless specified in the order, a sexual predator

18  who is granted relief under this paragraph must comply with

19  the requirements for registration as a sexual offender and

20  other requirements provided under s. 943.0435 or s. 944.607.

21  If a petitioner obtains an order from the court that imposed

22  the order designating the petitioner as a sexual predator

23  which removes such designation, the petitioner shall forward a

24  certified copy of the written findings or order to the

25  department in order to have the sexual predator designation

26  removed from the sexual predator registry.

27  

28  The sheriff shall promptly provide to the department the

29  information received from the sexual predator.

30         (10)  PENALTIES.--

31  

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 1         (a)  Except as otherwise specifically provided, a

 2  sexual predator who fails to register; who fails, after

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

 4  license or identification card; who fails to provide required

 5  location information or change-of-name information; or who

 6  otherwise fails, by act or omission, to comply with the

 7  requirements of this section, commits a felony of the third

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

 9  s. 775.084.

10         (b)  An arrest on charges of failure to register,

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

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

13  this section constitutes actual notice of the duty to

14  register. Any person charged with the crime of failure to

15  register under this section who asserts as a defense the lack

16  of notice of the duty to register shall register immediately

17  following actual notice of the duty through arrest, service,

18  or arraignment. Failure to register as required under this

19  subsection constitutes grounds for filing another charge of

20  failing to register. Registering following arrest, service, or

21  arraignment on charges does not relieve the offender from

22  criminal liability for failure to register prior to the filing

23  of the original charge.

24         (c)  The fact that a sexual predator fails to establish

25  or maintain a temporary or permanent residence is not a

26  defense to prosecution under this section.

27         (d)  In any criminal prosecution under this section:

28         1.  The defendant's memorialized confession or

29  admission is admissible during trial without the state having

30  to prove the corpus delicti of the crime if the court finds in

31  a hearing conducted outside the presence of the jury that the

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 1  state is unable to show the existence of each element of the

 2  crime, and having so found, further finds that the defendant's

 3  confession or admission is trustworthy.

 4         2.  Before the court admits the defendant's confession

 5  or admission, the state must prove by a preponderance of the

 6  evidence that there is sufficient corroborating evidence that

 7  tends to establish the trustworthiness of the statement by the

 8  defendant. Hearsay evidence is admissible during the

 9  presentation of evidence at the hearing. In making the

10  determination, the court may consider all relevant

11  corroborating evidence, including the defendant's statements.

12         3.  The court shall make specific findings of fact on

13  the record for the basis of its ruling.

14         (e)  Venue for any prosecution under this section may

15  be in the county where the defendant previously registered or

16  any county where the defendant established a temporary or

17  permanent residence.

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

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

20  to, regardless of adjudication, any violation, or attempted

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

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

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

24  796.03; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or

25  a violation of a similar law of another jurisdiction, when the

26  victim of the offense was a minor, and who works, whether for

27  compensation or as a volunteer, at any business, school, day

28  care center, park, playground, or other place where children

29  regularly congregate, commits a felony of the third degree,

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

31  775.084.

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 1         (g)(c)  Any person who misuses public records

 2  information relating to a sexual predator, as defined in this

 3  section, or a sexual offender, as defined in s. 943.0435 or s.

 4  944.607, to secure a payment from such a predator or offender;

 5  who knowingly distributes or publishes false information

 6  relating to such a predator or offender which the person

 7  misrepresents as being public records information; or who

 8  materially alters public records information with the intent

 9  to misrepresent the information, including documents,

10  summaries of public records information provided by law

11  enforcement agencies, or public records information displayed

12  by law enforcement agencies on websites or provided through

13  other means of communication, commits a misdemeanor of the

14  first degree, punishable as provided in s. 775.082 or s.

15  775.083.

16         Section 2.  Subsections (2), (4), and (9) of section

17  943.0435, Florida Statutes, are amended to read:

18         943.0435  Sexual offenders required to register with

19  the department; penalty.--

20         (2)  A sexual offender shall:

21         (a)  Report in person at an office of the department,

22  or at the sheriff's office in the county in which the offender

23  establishes or maintains a permanent or temporary residence,

24  within 48 hours after establishing permanent or temporary

25  residence in this state or within 48 hours after being

26  released from the custody, control, or supervision of the

27  Department of Corrections or from the custody of a private

28  correctional facility. Any change in the sexual offender's

29  permanent or temporary residence or name, after the sexual

30  offender reports in person at an office of the department or

31  

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 1  at the sheriff's office, shall be accomplished in the manner

 2  provided in subsections (4), (7), and (8).

 3         (b)  Provide his or her name, date of birth, social

 4  security number, race, sex, height, weight, hair and eye

 5  color, tattoos or other identifying marks, occupation and

 6  place of employment, address of permanent or legal residence

 7  or address of any current temporary residence, within the

 8  state and out of state, including a rural route address and a

 9  post office box, date and place of each conviction, and a

10  brief description of the crime or crimes committed by the

11  offender. A post office box shall not be provided in lieu of a

12  physical residential address.

13         1.  If the sexual offender's place of residence is a

14  motor vehicle, trailer, mobile home, or manufactured home, as

15  defined in chapter 320, the sexual offender shall also provide

16  to the department written notice of the vehicle identification

17  number; the license tag number; the registration number; and a

18  description, including color scheme, of the motor vehicle,

19  trailer, mobile home, or manufactured home. If the sexual

20  offender's place of residence is a vessel, live-aboard vessel,

21  or houseboat, as defined in chapter 327, the sexual offender

22  shall also provide to the department written notice of the

23  hull identification number; the manufacturer's serial number;

24  the name of the vessel, live-aboard vessel, or houseboat; the

25  registration number; and a description, including color

26  scheme, of the vessel, live-aboard vessel, or houseboat.

27         2.  If the sexual offender is enrolled, employed, or

28  carrying on a vocation at an institution of higher education

29  in this state, the sexual offender shall also provide to the

30  department the name, address, and county of each institution,

31  including each campus attended, and the sexual offender's

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 1  enrollment or employment status. Each change in enrollment or

 2  employment status shall be reported in person at an office of

 3  the department, or at the sheriff's office, within 48 hours

 4  after any change in status. The sheriff shall promptly notify

 5  each institution of the sexual offender's presence and any

 6  change in the sexual offender's enrollment or employment

 7  status.

 8         3.  If the sexual offender has more than one place of

 9  residence, the sexual offender shall register in each of the

10  jurisdictions in which he or she has a place of residence. If

11  all of the addresses are within the same jurisdiction, the

12  sexual offender shall provide the registering authority with

13  all of his or her addresses.

14         4.  Any sexual offender who lacks a temporary or

15  permanent residence and leaves the county in which he or she

16  is registered and enters and remains within a new county for

17  24 hours or more shall register with the county sheriff not

18  more than 24 hours after entering the county and provide the

19  information required in this section.

20         5.  A sexual offender who lacks a temporary or

21  permanent residence or who lists a homeless shelter as a

22  residence must report weekly, in person, to the sheriff of the

23  county where he or she is registered. The weekly report shall

24  be on a day specified by the county sheriff's office and shall

25  occur during normal business hours. The county sheriff's

26  office may require the sexual offender to list the locations

27  where he or she has stayed during the last 7 days.

28         6.  Beginning on his or her first birthday following

29  registration or a change of address, the sex offender shall

30  register annually, within 48 hours after his or her birthday,

31  to update his or her registration with the agencies described

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 1  under this section. At the annual update, the sexual offender

 2  shall provide current information as outlined under this

 3  section.

 4  

 5  If a sexual offender reports at the sheriff's office, the

 6  sheriff shall take a photograph and a set of fingerprints of

 7  the offender and forward the photographs and fingerprints to

 8  the department, along with the information provided by the

 9  sexual offender. The sheriff shall promptly provide to the

10  department the information received from the sexual offender.

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

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

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

14  temporary residence or change in the offender's name by reason

15  of marriage or other legal process, the offender shall report

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

17  to the requirements specified in subsection (3). The

18  Department of Highway Safety and Motor Vehicles shall forward

19  to the department all photographs and information provided by

20  sexual offenders. Notwithstanding the restrictions set forth

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

22  Vehicles is authorized to release a reproduction of a

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

24  Law Enforcement for purposes of public notification of sexual

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

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

27  requirements of this section commits a felony of the third

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

29  s. 775.084.

30         (a)  An arrest on charges of failure to register,

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

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

 2  this section constitutes actual notice of the duty to

 3  register. Any person charged with the crime of failure to

 4  register under this section who asserts as a defense the lack

 5  of notice of the duty to register shall register immediately

 6  following actual notice of the duty through arrest, service,

 7  or arraignment. Failure to register as required under this

 8  subsection constitutes grounds for filing another charge of

 9  failing to register. Registering following arrest, service, or

10  arraignment on charges does not relieve the offender from

11  criminal liability for failure to register prior to the filing

12  of the original charge.

13         (b)  The fact that a sexual offender fails to establish

14  or maintain a temporary or permanent residence is not a

15  defense to prosecution under this section.

16         (c)  In any criminal prosecution under this section:

17         1.  The defendant's memorialized confession or

18  admission is admissible during trial without the state having

19  to prove the corpus delicti of the crime if the court finds in

20  a hearing conducted outside the presence of the jury that the

21  state is unable to show the existence of each element of the

22  crime, and having so found, further finds that the defendant's

23  confession or admission is trustworthy.

24         2.  Before the court admits the defendant's confession

25  or admission, the state must prove by a preponderance of the

26  evidence that there is sufficient corroborating evidence that

27  tends to establish the trustworthiness of the statement by the

28  defendant. Hearsay evidence is admissible during the

29  presentation of evidence at the hearing. In making the

30  determination, the court may consider all relevant

31  corroborating evidence, including the defendant's statements.

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 1         3.  The court shall make specific findings of fact on

 2  the record for the basis of its ruling.

 3         (d)  Venue for any prosecution under this section may

 4  be in the county where the defendant previously registered or

 5  any county where the defendant established a temporary or

 6  permanent residence.

 7         Section 3.  Subsections (4) and (10) of section

 8  944.607, Florida Statutes, are amended to read:

 9         944.607  Notification to Department of Law Enforcement

10  of information on sexual offenders.--

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

12  who is under the supervision of the Department of Corrections

13  but is not incarcerated must register with the Department of

14  Corrections and provide the following information:

15         (a)  Name; date of birth; social security number; race;

16  sex; height; weight; hair and eye color; tattoos or other

17  identifying marks; and permanent or legal residence and

18  address of temporary residence within the state or out of

19  state while the sexual offender is under supervision in this

20  state, including any rural route address or post office box.

21  The Department of Corrections shall verify the address of each

22  sexual offender in the manner described in ss. 775.21 and

23  943.0435.

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

25  carrying on a vocation at an institution of higher education

26  in this state, the name, address, and county of each

27  institution, including each campus attended, and the sexual

28  offender's enrollment or employment status. Each change in

29  enrollment or employment status shall be reported to the

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

31  Department of Corrections shall promptly notify each

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 1  institution of the sexual offender's presence and any change

 2  in the sexual offender's enrollment or employment status.

 3         (c)  If the sexual offender has more than one place of

 4  residence, the sexual offender shall register in each of the

 5  jurisdictions in which he or she has a place of residence. If

 6  all of the addresses are within the same jurisdiction, the

 7  sexual offender shall provide the registering authority with

 8  all of his or her addresses.

 9         (d)  Any sexual offender who lacks a temporary or

10  permanent residence and leaves the county in which he or she

11  is registered and enters and remains within a new county for

12  24 hours or more shall register with the county sheriff not

13  more than 24 hours after entering the county and provide the

14  information required in this section.

15         (e)  A sexual offender who lacks a temporary or

16  permanent residence or who lists a homeless shelter as a

17  residence must report weekly, in person, to the sheriff of the

18  county where he or she is registered. The weekly report shall

19  be on a day specified by the county sheriff's office and shall

20  occur during normal business hours. The county sheriff's

21  office may require the sexual offender to list the locations

22  where he or she has stayed during the last seven days.

23         (f)  Beginning on his or her first birthday following

24  registration or a change of address, the sex offender shall

25  register annually, within 48 hours after his or her birthday,

26  to update his or her registration with the agencies described

27  under this section. At the annual update, the sexual offender

28  shall provide current information as outlined under subsection

29  (4).

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

31  taking of a digitized photograph, or to otherwise comply with

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

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

 3  s. 775.084.

 4         (a)  An arrest on charges of failure to register,

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

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

 7  this section constitutes actual notice of the duty to

 8  register. Any person charged with the crime of failure to

 9  register under this section who asserts as a defense the lack

10  of notice of the duty to register shall register immediately

11  following actual notice of the duty through arrest, service,

12  or arraignment. Failure to register as required under this

13  subsection constitutes grounds for filing another charge of

14  failing to register. Registering following arrest, service, or

15  arraignment on charges does not relieve the offender from

16  criminal liability for failure to register prior to the filing

17  of the original charge.

18         (b)  The fact that a sexual offender fails to establish

19  or maintain a temporary or permanent residence is not a

20  defense to prosecution under this section.

21         (c)  In any criminal prosecution under this section:

22         1.  The defendant's memorialized confession or

23  admission is admissible during trial without the state having

24  to prove the corpus delicti of the crime if the court finds in

25  a hearing conducted outside the presence of the jury that the

26  state is unable to show the existence of each element of the

27  crime, and having so found, further finds that the defendant's

28  confession or admission is trustworthy.

29         2.  Before the court admits the defendant's confession

30  or admission, the state must prove by a preponderance of the

31  evidence that there is sufficient corroborating evidence that

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 1  tends to establish the trustworthiness of the statement by the

 2  defendant. Hearsay evidence is admissible during the

 3  presentation of evidence at the hearing. In making the

 4  determination, the court may consider all relevant

 5  corroborating evidence, including the defendant's statements.

 6         3.  The court shall make specific findings of fact on

 7  the record for the basis of its ruling.

 8         (d)  Venue for any prosecution under this section may

 9  be in the county where the defendant previously registered or

10  any county where the defendant established a temporary or

11  permanent residence.

12         Section 4.  This act shall take effect July 1, 2004.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Redefines the term "temporary residence." Revises the
      requirements for registering as a sexual offender or
17    predator with the Department of Corrections or the
      sheriff's office. Requires the sexual offender or
18    predator to register annually. Provides a penalty for
      failing to register. Provides that a defendant's
19    confession or admission is admissible during trial
      without the prosecution proving the corpus delicti of the
20    crime under certain circumstances. Requires the
      prosecution to prove by a preponderance of the evidence
21    that there is sufficient evidence to establish the
      trustworthiness of the defendant's confession or
22    admission. Provides venue requirements. (See bill for
      details.)
23  

24  

25  

26  

27  

28  

29  

30  

31  

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