HB 1511

1	A bill to be entitled
2	An act relating to sexual offender registration; amending
3	ss. 943.0435 and 944.607, F.S.; providing that certain
4	young adults and older minors who are sexual offenders may
5	petition a court for removal of the requirement to
6	register as sexual offenders; specifying how the court
7	makes its determination to grant or deny the petition;
8	requiring the Department of Law Enforcement to remove the
9	offender from classification as a sexual offender for
10	purposes of registration and notification if the offender
11	provides to the department a certified copy of the court's
12	written findings or order granting the petition; providing
13	an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (11) of section 943.0435, Florida
18	Statutes, is amended to read:
19	943.0435  Sexual offenders required to register with the
20	department; penalty.--
21	(11)(a)  A sexual offender must maintain registration with
22	the department for the duration of his or her life, unless the
23	sexual offender has received a full pardon or has had a
24	conviction set aside in a postconviction proceeding for any
25	offense that meets the criteria for classifying the person as a
26	sexual offender for purposes of registration. However, as
27	provided in this subsection, a sexual offender may petition a
28	court for removal of the requirement to register as a sexual
29	offender.:
30	(b)  As provided in paragraph (c), a sexual offender may
31	petition a court for the removal of the requirement to register
32	as a sexual offender if the offender meets all of the following
33	criteria:
34	1.  The offender was convicted of a violation of s. 800.04,
35	regardless of the date of the conviction.
36	2.  On the date of the conviction described in subparagraph
37	1., the offender had no record of an arrest for an offense
38	described in subsection (1) or s. 775.21(4) other than the
39	arrest that resulted in the conviction.
40	3.  The offender has not been arrested for any felony or
41	misdemeanor offense since the date of the conviction described
42	in subparagraph 1.
43	4.  On the date the offender committed the offense
44	resulting in the conviction described in subparagraph 1., the
45	offender was not older than 19 years of age or younger than 15
46	years of age and the victim was 15 years of age.
47	5.  The offender is not currently required to register as a
48	sexual offender or other similar designation in another state or
49	jurisdiction for a violation of the laws of that state or
50	jurisdiction.
51	(c)1.  A sexual offender described in paragraph (b) may
52	petition the criminal division court of the circuit in which the
53	offender was sentenced for the conviction described in
54	subparagraph (b)1. for the purpose of removing the requirement
55	to register as a sexual offender.
56	2.a.  The court may grant or deny the petition if the
57	offender demonstrates to the court that he or she meets the
58	criteria in paragraph (b); the requested relief complies with
59	the provisions of the federal Jacob Wetterling Act, as amended,
60	and any other federal standards applicable to the removal of
61	registration requirements for a sexual offender or required to
62	be met as a condition for the receipt of federal funds by the
63	state; and the court is otherwise satisfied that the offender is
64	not a current or potential threat to public safety.
65	b.  In determining whether to grant or deny the petition,
66	the court may consider any information or record submitted to
67	the court at the hearing on the petition. However, the court
68	shall consider any information or record submitted to the court
69	at the hearing on the petition regarding whether the offender
70	engaged in the act in violation of s. 800.04 by means or use of
71	force or coercion, as defined in s. 800.04(1)(c), and whether
72	the victim was found to have been an initiator, willing
73	participant, aggressor, or provoker of the incident as a factor
74	in mitigation of the offender's sentence for such conviction, if
75	such sentence was mitigated.
76	c.  The state attorney for the circuit must be given notice
77	of the petition at least 3 weeks before the hearing on the
78	matter. The state attorney may present evidence in opposition to
79	the requested relief or may otherwise demonstrate the reasons
80	the petition should be denied.
81	3.  If the court grants the petition, the department shall
82	remove the offender from classification as a sexual offender for
83	purposes of registration and notification if the offender
84	provides to the department a certified copy of the court's
85	written findings or order granting the petition, which must
86	indicate that, pursuant to this subsection, the court has
87	determined that the offender is not required to comply with
88	requirements for registration as a sexual offender. If the court
89	denies the petition, the sexual offender may only petition for
90	removal of the requirement to register as a sexual offender as
91	provided in paragraph (d).
92	(d)1.(a)  A sexual offender who has been lawfully released
93	from confinement, supervision, or sanction, whichever is later,
94	for at least 20 years and has not been arrested for any felony
95	or misdemeanor offense since release; or
96	(b)  Who was 18 years of age or under at the time the
97	offense was committed and the victim was 12 years of age or
98	older and adjudication was withheld for that offense, who is
99	released from all sanctions, who has had 10 years elapse since
100	having been placed on probation, and who has not been arrested
101	for any felony or misdemeanor offense since the date of
102	conviction of the qualifying offense
103
104	may petition the criminal division of the circuit court of the
105	circuit in which the sexual offender resides for the purpose of
106	removing the requirement for registration as a sexual offender.
107	2.  The court may grant or deny such relief if the offender
108	demonstrates to the court that he or she has not been arrested
109	for any crime since release; the requested relief complies with
110	the provisions of the federal Jacob Wetterling Act, as amended,
111	and any other federal standards applicable to the removal of
112	registration requirements for a sexual offender or required to
113	be met as a condition for the receipt of federal funds by the
114	state; and the court is otherwise satisfied that the offender is
115	not a current or potential threat to public safety.
116	3.  The state attorney in the circuit in which the petition
117	is filed must be given notice of the petition at least 3 weeks
118	before the hearing on the matter. The state attorney may present
119	evidence in opposition to the requested relief or may otherwise
120	demonstrate the reasons why the petition should be denied.
121	4.  If the court denies the petition, the court may set a
122	future date at which the sexual offender may again petition the
123	court for relief, subject to the standards for relief provided
124	in this subsection.
125	5.  The department shall remove an offender from
126	classification as a sexual offender for purposes of registration
127	if the offender provides to the department a certified copy of
128	the court's written findings or order that indicates that the
129	offender is no longer required to comply with the requirements
130	for registration as a sexual offender.
131	(e)(c)  As defined in subparagraph (1)(a)3., a sexual
132	offender must maintain registration with the department for the
133	duration of his or her life until the person provides the
134	department with an order issued by the court that designated the
135	person as a sexual predator, as a sexually violent predator, or
136	by another sexual offender designation in the state or
137	jurisdiction in which the order was issued which states that
138	such designation has been removed or demonstrates to the
139	department that such designation, if not imposed by a court, has
140	been removed by operation of law or court order in the state or
141	jurisdiction in which the designation was made, and provided
142	such person no longer meets the criteria for registration as a
143	sexual offender under the laws of this state.
144	Section 2.  Subsection (14) is added to section 944.607,
145	Florida Statutes, to read:
146	944.607  Notification to Department of Law Enforcement of
147	information on sexual offenders.--
148	(14)(a)  As provided in paragraph (b), a sexual offender
149	may petition a court for the removal of the requirement to
150	register as a sexual offender if the offender meets all of the
151	following criteria:
152	1.  The offender was convicted of a violation of s. 800.04,
153	regardless of the date of the conviction.
154	2.  On the date of the conviction described in subparagraph
155	1., the offender had no record of an arrest for an offense
156	described in subsection (1) or s. 775.21(4) other than the
157	arrest that resulted in the conviction.
158	3.  The offender has not been arrested for any felony or
159	misdemeanor offense since the date of the conviction described
160	in subparagraph 1.
161	4.  On the date the offender committed the offense
162	resulting in the conviction described in subparagraph 1., the
163	offender was not older than 19 years of age or younger than 15
164	years of age and the victim was 15 years of age.
165	5.  The offender is not currently required to register as a
166	sexual offender or a sexual predator or other similar
167	designation in another state or jurisdiction for a violation of
168	the laws of that state or jurisdiction.
169	(b)1.  A sexual offender described in paragraph (a) may
170	petition the court that is sentencing or has sentenced the
171	offender for the conviction described in subparagraph (a)1. to
172	remove the requirement to register as a sexual offender,
173	regardless of whether the offender is in the control or custody
174	of, or under the supervision of, the department or is in the
175	custody of a private correctional facility or a local detention
176	facility.
177	a.  If the offender was sentenced on or after October 1,
178	2006, for conviction described in subparagraph (a)1., the
179	offender must petition for removal of the requirement to
180	register as a sexual offender at the time of sentencing for the
181	conviction.
182	b.  If the offender was sentenced before October 1, 2006,
183	for conviction described in subparagraph (a)1. and the offender
184	is still serving the sentence, the offender may petition the
185	court that imposed such sentence for removal of the requirement
186	to register as a sexual offender while the offender is still
187	serving the sentence.
188	2.a  The court may grant or deny the petition if the
189	offender demonstrates to the court that he or she meets the
190	criteria in paragraph (a); the requested relief complies with
191	the provisions of the federal Jacob Wetterling Act, as amended,
192	and any other federal standards applicable to the removal of
193	registration requirements for a sexual offender or required to
194	be met as a condition for the receipt of federal funds by the
195	state; and the court is otherwise satisfied that the offender is
196	not a current or potential threat to public safety.
197	b.  In determining whether to grant or deny the petition,
198	the court may consider any information or record submitted to
199	the court at the hearing on the petition. However, the court
200	shall consider any information or record submitted to the court
201	at the hearing on the petition regarding whether the offender
202	engaged in the act in violation of s. 800.04 by means or use of
203	force or coercion, as defined in s. 800.04(1)(c), and whether
204	the victim was found to have been an initiator, willing
205	participant, aggressor, or provoker of the incident as a factor
206	in mitigation of the offender's sentence for such conviction, if
207	such sentence was mitigated.
208	c.  The state attorney may present evidence in opposition
209	to the requested relief or may otherwise demonstrate the reasons
210	the petition should be denied.
211	3.  If the court grants the petition, the Department of Law
212	Enforcement shall remove the offender from classification as a
213	sexual offender for purposes of registration and notification if
214	the offender provides to the Department of Law Enforcement a
215	certified copy of the court's written findings or order granting
216	the petition, which must indicate that, pursuant to this
217	subsection, the court has determined that the offender is not
218	required to comply with requirements for registration as a
219	sexual offender. If the court denies the petition, the offender
220	may only petition for removal of the requirement to register as
221	a sexual offender pursuant to s. 943.0435(11).
222	Section 3.  This act shall take effect October 1, 2006.

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