| 1 | Representative Rivera offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. This act may be cited as the "Cybercrimes |
| 6 | Against Children Act of 2007." |
| 7 | Section 2. Subsection (1) of section 16.56, Florida |
| 8 | Statutes, is amended to read: |
| 9 | 16.56 Office of Statewide Prosecution.-- |
| 10 | (1) There is created in the Department of Legal Affairs an |
| 11 | Office of Statewide Prosecution. The office shall be a separate |
| 12 | "budget entity" as that term is defined in chapter 216. The |
| 13 | office may: |
| 14 | (a) Investigate and prosecute the offenses of: |
| 15 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
| 16 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
| 17 | carjacking, and home-invasion robbery; |
| 18 | 2. Any crime involving narcotic or other dangerous drugs; |
| 19 | 3. Any violation of the provisions of the Florida RICO |
| 20 | (Racketeer Influenced and Corrupt Organization) Act, including |
| 21 | any offense listed in the definition of racketeering activity in |
| 22 | s. 895.02(1)(a), providing such listed offense is investigated |
| 23 | in connection with a violation of s. 895.03 and is charged in a |
| 24 | separate count of an information or indictment containing a |
| 25 | count charging a violation of s. 895.03, the prosecution of |
| 26 | which listed offense may continue independently if the |
| 27 | prosecution of the violation of s. 895.03 is terminated for any |
| 28 | reason; |
| 29 | 4. Any violation of the provisions of the Florida Anti- |
| 30 | Fencing Act; |
| 31 | 5. Any violation of the provisions of the Florida |
| 32 | Antitrust Act of 1980, as amended; |
| 33 | 6. Any crime involving, or resulting in, fraud or deceit |
| 34 | upon any person; |
| 35 | 7. Any violation of s. 847.0135, relating to computer |
| 36 | pornography and child exploitation prevention, or any offense |
| 37 | related to a violation of s. 847.0135 or any violation of |
| 38 | chapter 827 where the crime is facilitated by or connected to |
| 39 | the use of the Internet or any device capable of electronic data |
| 40 | storage or transmission; |
| 41 | 8. Any violation of the provisions of chapter 815; |
| 42 | 9. Any criminal violation of part I of chapter 499; |
| 43 | 10. Any violation of the provisions of the Florida Motor |
| 44 | Fuel Tax Relief Act of 2004; |
| 45 | 11. Any criminal violation of s. 409.920 or s. 409.9201; |
| 46 | or |
| 47 | 12. Any crime involving voter registration, voting, or |
| 48 | candidate or issue petition activities; |
| 49 |
|
| 50 | or any attempt, solicitation, or conspiracy to commit any of the |
| 51 | crimes specifically enumerated above. The office shall have such |
| 52 | power only when any such offense is occurring, or has occurred, |
| 53 | in two or more judicial circuits as part of a related |
| 54 | transaction, or when any such offense is connected with an |
| 55 | organized criminal conspiracy affecting two or more judicial |
| 56 | circuits. |
| 57 | (b) Investigate and prosecute any crime facilitated by or |
| 58 | connected to the use of the Internet. Any such crime is a crime |
| 59 | occurring in every judicial circuit within the state. |
| 60 | (c)(b) Upon request, cooperate with and assist state |
| 61 | attorneys and state and local law enforcement officials in their |
| 62 | efforts against organized crimes. |
| 63 | (d)(c) Request and receive from any department, division, |
| 64 | board, bureau, commission, or other agency of the state, or of |
| 65 | any political subdivision thereof, cooperation and assistance in |
| 66 | the performance of its duties. |
| 67 | Section 3. Section 775.0847, Florida Statutes, is created |
| 68 | to read: |
| 69 | 775.0847 Possession or promotion of certain images of |
| 70 | child pornography; reclassification.-- |
| 71 | (1) For purposes of this section: |
| 72 | (a) "Child" means any person, whose identity is known or |
| 73 | unknown, less than 18 years of age. |
| 74 | (b) "Child pornography" means any image depicting a minor |
| 75 | engaged in sexual conduct. |
| 76 | (c) "Sadomasochistic abuse" means flagellation or torture |
| 77 | by or upon a person or the condition of being fettered, bound, |
| 78 | or otherwise physically restrained, for the purpose of deriving |
| 79 | sexual satisfaction, or satisfaction brought about as a result |
| 80 | of sadistic violence, from inflicting harm on another or |
| 81 | receiving such harm oneself. |
| 82 | (d) "Sexual battery" means oral, anal, or vaginal |
| 83 | penetration by, or union with, the sexual organ of another or |
| 84 | the anal or vaginal penetration of another by any other object; |
| 85 | however, sexual battery does not include an act done for a bona |
| 86 | fide medical purpose. |
| 87 | (e) "Sexual bestiality" means any sexual act, actual or |
| 88 | simulated, between a person and an animal involving the sex |
| 89 | organ of the one and the mouth, anus, or vagina of the other. |
| 90 | (f) "Sexual conduct" means actual or simulated sexual |
| 91 | intercourse, deviate sexual intercourse, sexual bestiality, |
| 92 | masturbation, or sadomasochistic abuse; actual lewd exhibition |
| 93 | of the genitals; actual physical contact with a person's clothed |
| 94 | or unclothed genitals, pubic area, buttocks, or, if such person |
| 95 | is a female, breast with the intent to arouse or gratify the |
| 96 | sexual desire of either party; or any act or conduct which |
| 97 | constitutes sexual battery or simulates that sexual battery is |
| 98 | being or will be committed. A mother's breastfeeding of her baby |
| 99 | does not under any circumstance constitute "sexual conduct." |
| 100 | (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, |
| 101 | or s. 847.0138 shall be reclassified to the next higher degree |
| 102 | as provided in subsection (3) if: |
| 103 | (a) The offender possesses 10 or more images of any form |
| 104 | of child pornography regardless of content; and |
| 105 | (b) The content of at least one image contains one or more |
| 106 | of the following: |
| 107 | 1. A child who is younger than the age of 5. |
| 108 | 2. Sadomasochistic abuse involving a child. |
| 109 | 3. Sexual battery involving a child. |
| 110 | 4. Sexual bestiality involving a child. |
| 111 | 5. Any movie involving a child, regardless of length and |
| 112 | regardless of whether the movie contains sound. |
| 113 | (3)(a) In the case of a felony of the third degree, the |
| 114 | offense is reclassified to a felony of the second degree. |
| 115 | (b) In the case of a felony of the second degree, the |
| 116 | offense is reclassified to a felony of the first degree. |
| 117 |
|
| 118 | For purposes of sentencing under chapter 921 and determining |
| 119 | incentive gain-time eligibility under chapter 944, a felony |
| 120 | offense that is reclassified under this section is ranked one |
| 121 | level above the ranking under s. 921.0022 or s. 921.0023 of the |
| 122 | offense committed. |
| 123 | Section 4. Subsection (6) is added to section 827.071, |
| 124 | Florida Statutes, to read: |
| 125 | 827.071 Sexual performance by a child; penalties.-- |
| 126 | (6) Prosecution of any person for an offense under this |
| 127 | section shall not prohibit prosecution of that person in this |
| 128 | state for a violation of any law of this state, including a law |
| 129 | providing for greater penalties than prescribed in this section |
| 130 | or any other crime punishing the sexual performance or the |
| 131 | sexual exploitation of children. |
| 132 | Section 5. Section 847.0135, Florida Statutes, is amended |
| 133 | to read: |
| 134 | 847.0135 Computer pornography; traveling to meet minor; |
| 135 | penalties.-- |
| 136 | (1) SHORT TITLE.--This section shall be known and may be |
| 137 | cited as the "Computer Pornography and Child Exploitation |
| 138 | Prevention Act of 1986." |
| 139 | (2) COMPUTER PORNOGRAPHY.--A person who: |
| 140 | (a) Knowingly compiles, enters into, or transmits by use |
| 141 | of computer; |
| 142 | (b) Makes, prints, publishes, or reproduces by other |
| 143 | computerized means; |
| 144 | (c) Knowingly causes or allows to be entered into or |
| 145 | transmitted by use of computer; or |
| 146 | (d) Buys, sells, receives, exchanges, or disseminates, |
| 147 |
|
| 148 | any notice, statement, or advertisement of any minor's name, |
| 149 | telephone number, place of residence, physical characteristics, |
| 150 | or other descriptive or identifying information for purposes of |
| 151 | facilitating, encouraging, offering, or soliciting sexual |
| 152 | conduct of or with any minor, or the visual depiction of such |
| 153 | conduct, commits a felony of the third degree, punishable as |
| 154 | provided in s. 775.082, s. 775.083, or s. 775.084. The fact that |
| 155 | an undercover operative or law enforcement officer was involved |
| 156 | in the detection and investigation of an offense under this |
| 157 | section shall not constitute a defense to a prosecution under |
| 158 | this section. |
| 159 | (3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES |
| 160 | PROHIBITED.--Any person who knowingly uses utilizes a computer |
| 161 | on-line service, Internet service, or local bulletin board |
| 162 | service, or any other device capable of electronic data storage |
| 163 | or transmission to: |
| 164 | (a) Seduce, solicit, lure, or entice, or attempt to |
| 165 | seduce, solicit, lure, or entice, a child or another person |
| 166 | believed by the person to be a child, to commit any illegal act |
| 167 | described in chapter 794, relating to sexual battery; chapter |
| 168 | 800, relating to lewdness and indecent exposure; or chapter 827, |
| 169 | or to otherwise engage in any unlawful sexual conduct with a |
| 170 | child or with another person believed by the person to be a |
| 171 | child; or |
| 172 | (b) Solicit, lure, or entice, or attempt to solicit, lure, |
| 173 | or entice a parent, legal guardian, or custodian of a child or a |
| 174 | person believed to be a parent, legal guardian, or custodian of |
| 175 | a child to consent to the participation of such child in any act |
| 176 | described in chapter 794, chapter 800, or chapter 827, or to |
| 177 | otherwise engage in any sexual conduct, |
| 178 |
|
| 179 | relating to child abuse, commits a felony of the third degree, |
| 180 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 181 | Any person who, in violating this subsection, misrepresents his |
| 182 | or her age, commits a felony of the second degree, punishable as |
| 183 | provided in s. 775.082, s. 775.083, or s. 775.084. Each separate |
| 184 | use of a computer on-line service, Internet service, local |
| 185 | bulletin board service, or any other device capable of |
| 186 | electronic data storage or transmission wherein an offense |
| 187 | described in this section is committed may be charged as a |
| 188 | separate offense. |
| 189 | (4) TRAVELING TO MEET A MINOR.--Any person who travels any |
| 190 | distance either within this state, to this state, or from this |
| 191 | state by any means, who attempts to do so, or who causes another |
| 192 | to do so or to attempt to do so for the purpose of engaging in |
| 193 | any illegal act described in chapter 794, chapter 800, or |
| 194 | chapter 827, or to otherwise engage in other unlawful sexual |
| 195 | conduct with a child or with another person believed by the |
| 196 | person to be a child after using a computer on-line service, |
| 197 | Internet service, local bulletin board service, or any other |
| 198 | device capable of electronic data storage or transmission to: |
| 199 | (a) Seduce, solicit, lure, or entice or attempt to seduce, |
| 200 | solicit, lure, or entice a child or another person believed by |
| 201 | the person to be a child, to engage in any illegal act described |
| 202 | in chapter 794, chapter 800, or chapter 827, or to otherwise |
| 203 | engage in other unlawful sexual conduct with a child; or |
| 204 | (b) Solicit, lure, or entice or attempt to solicit, lure, |
| 205 | or entice a parent, legal guardian, or custodian of a child or a |
| 206 | person believed to be a parent, legal guardian, or custodian of |
| 207 | a child to consent to the participation of such child in any act |
| 208 | described in chapter 794, chapter 800, or chapter 827, or to |
| 209 | otherwise engage in any sexual conduct, |
| 210 |
|
| 211 | commits a felony of the second degree, punishable as provided in |
| 212 | s. 775.082, s. 775.083, or s. 775.084. |
| 213 | (5)(4) OWNERS OR OPERATORS OF COMPUTER SERVICES |
| 214 | LIABLE.--It is unlawful for any owner or operator of a computer |
| 215 | on-line service, Internet service, or local bulletin board |
| 216 | service knowingly to permit a subscriber to use utilize the |
| 217 | service to commit a violation of this section. Any person who |
| 218 | violates this section commits a misdemeanor of the first degree, |
| 219 | punishable by a fine not exceeding $2,000. |
| 220 | (6)(5) STATE CRIMINAL JURISDICTION.--A person is subject |
| 221 | to prosecution in this state pursuant to chapter 910 for any |
| 222 | conduct proscribed by this section which the person engages in, |
| 223 | while either within or outside this state, if by such conduct |
| 224 | the person commits a violation of this section involving a child |
| 225 | residing in this state, a child's guardian, or another person |
| 226 | believed by the person to be a child or a child's guardian |
| 227 | residing in this state. |
| 228 | (7) EFFECT OF PROSECUTION.--Prosecution of any person for |
| 229 | an offense under this section shall not prohibit prosecution of |
| 230 | that person in this state or another jurisdiction for a |
| 231 | violation of any law of this state, including a law providing |
| 232 | for greater penalties than prescribed in this section or any |
| 233 | other crime punishing the sexual performance or the sexual |
| 234 | exploitation of children. |
| 235 | Section 6. Subsection (8) of section 905.34, Florida |
| 236 | Statutes, is amended to read: |
| 237 | 905.34 Powers and duties; law applicable.--The |
| 238 | jurisdiction of a statewide grand jury impaneled under this |
| 239 | chapter shall extend throughout the state. The subject matter |
| 240 | jurisdiction of the statewide grand jury shall be limited to the |
| 241 | offenses of: |
| 242 | (8) Any violation of s. 847.0135, s. 847.0137, or s. |
| 243 | 847.0138 relating to computer pornography and child exploitation |
| 244 | prevention, or any offense related to a violation of s. |
| 245 | 847.0135, s. 847.0137, or s. 847.0138 or any violation of |
| 246 | chapter 827 where the crime is facilitated by or connected to |
| 247 | the use of the Internet or any device capable of electronic data |
| 248 | storage or transmission; |
| 249 |
|
| 250 | or any attempt, solicitation, or conspiracy to commit any |
| 251 | violation of the crimes specifically enumerated above, when any |
| 252 | such offense is occurring, or has occurred, in two or more |
| 253 | judicial circuits as part of a related transaction or when any |
| 254 | such offense is connected with an organized criminal conspiracy |
| 255 | affecting two or more judicial circuits. The statewide grand |
| 256 | jury may return indictments and presentments irrespective of the |
| 257 | county or judicial circuit where the offense is committed or |
| 258 | triable. If an indictment is returned, it shall be certified and |
| 259 | transferred for trial to the county where the offense was |
| 260 | committed. The powers and duties of, and law applicable to, |
| 261 | county grand juries shall apply to a statewide grand jury except |
| 262 | when such powers, duties, and law are inconsistent with the |
| 263 | provisions of ss. 905.31-905.40. |
| 264 | Section 7. Subsection (1) of section 910.15, Florida |
| 265 | Statutes, is amended to read: |
| 266 | 910.15 Crimes facilitated by Theft and fraudulent |
| 267 | practices concerning communication systems.-- |
| 268 | (1) A person charged with committing a crime facilitated |
| 269 | by communication through use of the mail, telephone, or |
| 270 | newspaper or by radio, television, Internet, or another means of |
| 271 | electronic data communication may be tried in the county in |
| 272 | which the dissemination originated, in which the dissemination |
| 273 | was made, or in which any act necessary to consummate the |
| 274 | offense occurred. : |
| 275 | (a) A fraudulent practice in a manner in which it may |
| 276 | reasonably be assumed that a communication made to facilitate |
| 277 | the fraudulent practice, or a false or misleading |
| 278 | representation, could or would be disseminated across |
| 279 | jurisdictional lines; or |
| 280 | (b) A theft involving the use of the mail, telephone, |
| 281 | newspaper, radio, television, or other means of communication, |
| 282 |
|
| 283 | may be tried in the county in which the dissemination |
| 284 | originated, in which the dissemination was made, or in which any |
| 285 | act necessary to consummate the offense occurred. |
| 286 | Section 8. Paragraph (g) of subsection (3) of section |
| 287 | 921.0022, Florida Statutes, is amended to read: |
| 288 | 921.0022 Criminal Punishment Code; offense severity |
| 289 | ranking chart.-- |
| 290 | (3) OFFENSE SEVERITY RANKING CHART |
| 291 |
|
| | | FloridaStatute | FelonyDegree | Description |
|
| 292 |
|
| | |
| 293 |
|
| | | 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
|
| 294 |
|
| | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
|
| 295 |
|
| | | 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
|
| 296 |
|
| | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
|
| 297 |
|
| | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
|
| 298 |
|
| | | 409.920(2) | 3rd | Medicaid provider fraud. |
|
| 299 |
|
| | | 456.065(2) | 3rd | Practicing a health care profession without a license. |
|
| 300 |
|
| | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
|
| 301 |
|
| | | 458.327(1) | 3rd | Practicing medicine without a license. |
|
| 302 |
|
| | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
|
| 303 |
|
| | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
|
| 304 |
|
| | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
|
| 305 |
|
| | | 462.17 | 3rd | Practicing naturopathy without a license. |
|
| 306 |
|
| | | 463.015(1) | 3rd | Practicing optometry without a license. |
|
| 307 |
|
| | | 464.016(1) | 3rd | Practicing nursing without a license. |
|
| 308 |
|
| | | 465.015(2) | 3rd | Practicing pharmacy without a license. |
|
| 309 |
|
| | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
|
| 310 |
|
| | | 467.201 | 3rd | Practicing midwifery without a license. |
|
| 311 |
|
| | | 468.366 | 3rd | Delivering respiratory care services without a license. |
|
| 312 |
|
| | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
|
| 313 |
|
| | | 483.901(9) | 3rd | Practicing medical physics without a license. |
|
| 314 |
|
| | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
|
| 315 |
|
| | | 484.053 | 3rd | Dispensing hearing aids without a license. |
|
| 316 |
|
| | | 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
|
| 317 |
|
| | | 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
|
| 318 |
|
| | | 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
|
| 319 |
|
| | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
|
| 320 |
|
| | | 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
|
| 321 |
|
| | | 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
|
| 322 |
|
| | | 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
|
| 323 |
|
| | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
|
| 324 |
|
| | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
|
| 325 |
|
| | | 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
|
| 326 |
|
| | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
|
| 327 |
|
| | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
|
| 328 |
|
| | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
|
| 329 |
|
| | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
|
| 330 |
|
| | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
|
| 331 |
|
| | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
|
| 332 |
|
| | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
|
| 333 |
|
| | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
|
| 334 |
|
| | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
|
| 335 |
|
| | | 784.081(1) | 1st | Aggravated battery on specified official or employee. |
|
| 336 |
|
| | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
|
| 337 |
|
| | | 784.083(1) | 1st | Aggravated battery on code inspector. |
|
| 338 |
|
| | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). |
|
| 339 |
|
| | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
|
| 340 |
|
| | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
|
| 341 |
|
| | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
|
| 342 |
|
| | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
|
| 343 |
|
| | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
|
| 344 |
|
| | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. |
|
| 345 |
|
| | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
|
| 346 |
|
| | | 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
|
| 347 |
|
| | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
|
| 348 |
|
| | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
|
| 349 |
|
| | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
|
| 350 |
|
| | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
|
| 351 |
|
| | | 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
|
| 352 |
|
| | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
|
| 353 |
|
| | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
|
| 354 |
|
| | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
|
| 355 |
|
| | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
|
| 356 |
|
| | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
|
| 357 |
|
| | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
|
| 358 |
|
| | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
|
| 359 |
|
| | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
|
| 360 |
|
| | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
|
| 361 |
|
| | | 817.2341(2)(b) & (3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
|
| 362 |
|
| | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
|
| 363 |
|
| | | 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
|
| 364 |
|
| | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
|
| 365 |
|
| | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
|
| 366 |
|
| | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
|
| 367 |
|
| | |
| 368 |
|
| | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
|
| 369 |
|
| | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
|
| 370 |
|
| | |
| 371 |
|
| | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
| 372 |
|
| | | 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
|
| 373 |
|
| | | 872.06 | 2nd | Abuse of a dead human body. |
|
| 374 |
|
| | | 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
|
| 375 |
|
| | | 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
|
| 376 |
|
| | | 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
|
| 377 |
|
| | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
|
| 378 |
|
| | | 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
|
| 379 |
|
| | | 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
|
| 380 |
|
| | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
|
| 381 |
|
| | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
|
| 382 |
|
| | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
|
| 383 |
|
| | | 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
|
| 384 |
|
| | | 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
|
| 385 |
|
| | | 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
|
| 386 |
|
| | | 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
|
| 387 |
|
| | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
|
| 388 |
|
| | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
|
| 389 |
|
| | | 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
|
| 390 |
|
| | | 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
|
| 391 |
|
| | | 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 392 |
|
| | | 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 393 |
|
| | | 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 394 |
|
| | | 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
|
| 395 |
|
| | | 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
|
| 396 |
|
| | | 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
|
| 397 |
|
| | | 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
|
| 398 |
|
| 399 | Section 9. Paragraphs (j) and (k) are added to subsection |
| 400 | (2) of section 775.21, Florida Statutes, and paragraphs (a), |
| 401 | (e), and (g) of subsection (6), subsection (8), and paragraph |
| 402 | (a) of subsection (10) of that section are amended, to read: |
| 403 | 775.21 The Florida Sexual Predators Act.-- |
| 404 | (2) DEFINITIONS.--As used in this section, the term: |
| 405 | (j) "Electronic mail address" has the same meaning as |
| 406 | provided in s. 668.602. |
| 407 | (k) "Instant message name" means an identifier that allows |
| 408 | a person to communicate in real time with another person using |
| 409 | the Internet. |
| 410 | (6) REGISTRATION.-- |
| 411 | (a) A sexual predator must register with the department by |
| 412 | providing the following information to the department: |
| 413 | 1. Name, social security number, age, race, sex, date of |
| 414 | birth, height, weight, hair and eye color, photograph, address |
| 415 | of legal residence and address of any current temporary |
| 416 | residence, within the state or out of state, including a rural |
| 417 | route address and a post office box, any electronic mail address |
| 418 | and any instant message name required to be provided pursuant to |
| 419 | subparagraph (g)4., date and place of any employment, date and |
| 420 | place of each conviction, fingerprints, and a brief description |
| 421 | of the crime or crimes committed by the offender. A post office |
| 422 | box shall not be provided in lieu of a physical residential |
| 423 | address. |
| 424 | a. If the sexual predator's place of residence is a motor |
| 425 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 426 | in chapter 320, the sexual predator shall also provide to the |
| 427 | department written notice of the vehicle identification number; |
| 428 | the license tag number; the registration number; and a |
| 429 | description, including color scheme, of the motor vehicle, |
| 430 | trailer, mobile home, or manufactured home. If a sexual |
| 431 | predator's place of residence is a vessel, live-aboard vessel, |
| 432 | or houseboat, as defined in chapter 327, the sexual predator |
| 433 | shall also provide to the department written notice of the hull |
| 434 | identification number; the manufacturer's serial number; the |
| 435 | name of the vessel, live-aboard vessel, or houseboat; the |
| 436 | registration number; and a description, including color scheme, |
| 437 | of the vessel, live-aboard vessel, or houseboat. |
| 438 | b. If the sexual predator is enrolled, employed, or |
| 439 | carrying on a vocation at an institution of higher education in |
| 440 | this state, the sexual predator shall also provide to the |
| 441 | department the name, address, and county of each institution, |
| 442 | including each campus attended, and the sexual predator's |
| 443 | enrollment or employment status. Each change in enrollment or |
| 444 | employment status shall be reported in person at the sheriff's |
| 445 | office, or the Department of Corrections if the sexual predator |
| 446 | is in the custody or control of or under the supervision of the |
| 447 | Department of Corrections, within 48 hours after any change in |
| 448 | status. The sheriff or the Department of Corrections shall |
| 449 | promptly notify each institution of the sexual predator's |
| 450 | presence and any change in the sexual predator's enrollment or |
| 451 | employment status. |
| 452 | 2. Any other information determined necessary by the |
| 453 | department, including criminal and corrections records; |
| 454 | nonprivileged personnel and treatment records; and evidentiary |
| 455 | genetic markers when available. |
| 456 | (e) If the sexual predator is not in the custody or |
| 457 | control of, or under the supervision of, the Department of |
| 458 | Corrections, or is not in the custody of a private correctional |
| 459 | facility, and establishes or maintains a residence in the state, |
| 460 | the sexual predator shall register in person at the sheriff's |
| 461 | office in the county in which the predator establishes or |
| 462 | maintains a residence, within 48 hours after establishing |
| 463 | permanent or temporary residence in this state. Any change in |
| 464 | the sexual predator's permanent or temporary residence, or name, |
| 465 | or any electronic mail address and any instant message name |
| 466 | required to be provided pursuant to subparagraph (g)4., after |
| 467 | the sexual predator registers in person at the sheriff's office, |
| 468 | shall be accomplished in the manner provided in paragraphs (g), |
| 469 | (i), and (j). When a sexual predator registers with the |
| 470 | sheriff's office, the sheriff shall take a photograph and a set |
| 471 | of fingerprints of the predator and forward the photographs and |
| 472 | fingerprints to the department, along with the information that |
| 473 | the predator is required to provide pursuant to this section. |
| 474 | (g)1. Each time a sexual predator's driver's license or |
| 475 | identification card is subject to renewal, and, without regard |
| 476 | to the status of the predator's driver's license or |
| 477 | identification card, within 48 hours after any change of the |
| 478 | predator's residence or change in the predator's name by reason |
| 479 | of marriage or other legal process, the predator shall report in |
| 480 | person to a driver's license office and shall be subject to the |
| 481 | requirements specified in paragraph (f). The Department of |
| 482 | Highway Safety and Motor Vehicles shall forward to the |
| 483 | department and to the Department of Corrections all photographs |
| 484 | and information provided by sexual predators. Notwithstanding |
| 485 | the restrictions set forth in s. 322.142, the Department of |
| 486 | Highway Safety and Motor Vehicles is authorized to release a |
| 487 | reproduction of a color-photograph or digital-image license to |
| 488 | the Department of Law Enforcement for purposes of public |
| 489 | notification of sexual predators as provided in this section. |
| 490 | 2. A sexual predator who vacates a permanent residence and |
| 491 | fails to establish or maintain another permanent or temporary |
| 492 | residence shall, within 48 hours after vacating the permanent |
| 493 | residence, report in person to the sheriff's office of the |
| 494 | county in which he or she is located. The sexual predator shall |
| 495 | specify the date upon which he or she intends to or did vacate |
| 496 | such residence. The sexual predator must provide or update all |
| 497 | of the registration information required under paragraph (a). |
| 498 | The sexual predator must provide an address for the residence or |
| 499 | other location that he or she is or will be occupying during the |
| 500 | time in which he or she fails to establish or maintain a |
| 501 | permanent or temporary residence. |
| 502 | 3. A sexual predator who remains at a permanent residence |
| 503 | after reporting his or her intent to vacate such residence |
| 504 | shall, within 48 hours after the date upon which the predator |
| 505 | indicated he or she would or did vacate such residence, report |
| 506 | in person to the sheriff's office to which he or she reported |
| 507 | pursuant to subparagraph 2. for the purpose of reporting his or |
| 508 | her address at such residence. When the sheriff receives the |
| 509 | report, the sheriff shall promptly convey the information to the |
| 510 | department. An offender who makes a report as required under |
| 511 | subparagraph 2. but fails to make a report as required under |
| 512 | this subparagraph commits a felony of the second degree, |
| 513 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 514 | 4. A sexual predator must register any electronic mail |
| 515 | address or instant message name with the department prior to |
| 516 | using such electronic mail address or instant message name on or |
| 517 | after October 1, 2007. The department shall establish an online |
| 518 | system through which sexual predators may securely access and |
| 519 | update all electronic mail address and instant message name |
| 520 | information. |
| 521 | (8) VERIFICATION.--The department and the Department of |
| 522 | Corrections shall implement a system for verifying the addresses |
| 523 | of sexual predators. The system must be consistent with the |
| 524 | provisions of the federal Jacob Wetterling Act, as amended, and |
| 525 | any other federal standards applicable to such verification or |
| 526 | required to be met as a condition for the receipt of federal |
| 527 | funds by the state. The Department of Corrections shall verify |
| 528 | the addresses of sexual predators who are not incarcerated but |
| 529 | who reside in the community under the supervision of the |
| 530 | Department of Corrections. County and local law enforcement |
| 531 | agencies, in conjunction with the department, shall verify the |
| 532 | addresses of sexual predators who are not under the care, |
| 533 | custody, control, or supervision of the Department of |
| 534 | Corrections. |
| 535 | (a) A sexual predator must report in person each year |
| 536 | during the month of the sexual predator's birthday and during |
| 537 | the sixth month following the sexual predator's birth month to |
| 538 | the sheriff's office in the county in which he or she resides or |
| 539 | is otherwise located to reregister. The sheriff's office may |
| 540 | determine the appropriate times and days for reporting by the |
| 541 | sexual predator, which shall be consistent with the reporting |
| 542 | requirements of this paragraph. Reregistration shall include any |
| 543 | changes to the following information: |
| 544 | 1. Name; social security number; age; race; sex; date of |
| 545 | birth; height; weight; hair and eye color; address of any |
| 546 | permanent residence and address of any current temporary |
| 547 | residence, within the state or out of state, including a rural |
| 548 | route address and a post office box; any electronic mail address |
| 549 | and any instant message name required to be provided pursuant to |
| 550 | subparagraph (6)(g)4.; date and place of any employment; vehicle |
| 551 | make, model, color, and license tag number; fingerprints; and |
| 552 | photograph. A post office box shall not be provided in lieu of a |
| 553 | physical residential address. |
| 554 | 2. If the sexual predator is enrolled, employed, or |
| 555 | carrying on a vocation at an institution of higher education in |
| 556 | this state, the sexual predator shall also provide to the |
| 557 | department the name, address, and county of each institution, |
| 558 | including each campus attended, and the sexual predator's |
| 559 | enrollment or employment status. |
| 560 | 3. If the sexual predator's place of residence is a motor |
| 561 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 562 | in chapter 320, the sexual predator shall also provide the |
| 563 | vehicle identification number; the license tag number; the |
| 564 | registration number; and a description, including color scheme, |
| 565 | of the motor vehicle, trailer, mobile home, or manufactured |
| 566 | home. If the sexual predator's place of residence is a vessel, |
| 567 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 568 | sexual predator shall also provide the hull identification |
| 569 | number; the manufacturer's serial number; the name of the |
| 570 | vessel, live-aboard vessel, or houseboat; the registration |
| 571 | number; and a description, including color scheme, of the |
| 572 | vessel, live-aboard vessel, or houseboat. |
| 573 | (b) The sheriff's office shall, within 2 working days, |
| 574 | electronically submit and update all information provided by the |
| 575 | sexual predator to the department in a manner prescribed by the |
| 576 | department. This procedure shall be implemented by December 1, |
| 577 | 2005. |
| 578 | (10) PENALTIES.-- |
| 579 | (a) Except as otherwise specifically provided, a sexual |
| 580 | predator who fails to register; who fails, after registration, |
| 581 | to maintain, acquire, or renew a driver's license or |
| 582 | identification card; who fails to provide required location |
| 583 | information, electronic mail address information, instant |
| 584 | message name information, or change-of-name information; who |
| 585 | fails to make a required report in connection with vacating a |
| 586 | permanent residence; who fails to reregister as required; who |
| 587 | fails to respond to any address verification correspondence from |
| 588 | the department within 3 weeks of the date of the correspondence; |
| 589 | or who otherwise fails, by act or omission, to comply with the |
| 590 | requirements of this section, commits a felony of the third |
| 591 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 592 | 775.084. |
| 593 | Section 10. Paragraphs (f) and (g) are added to subsection |
| 594 | (1) and paragraph (d) is added to subsection (4) of section |
| 595 | 943.0435, Florida Statutes, and subsections (2) and (14) of that |
| 596 | section are amended, to read: |
| 597 | 943.0435 Sexual offenders required to register with the |
| 598 | department; penalty.-- |
| 599 | (1) As used in this section, the term: |
| 600 | (f) "Electronic mail address" has the same meaning as |
| 601 | provided in s. 668.602. |
| 602 | (g) "Instant message name" means an identifier that allows |
| 603 | a person to communicate in real time with another person using |
| 604 | the Internet. |
| 605 | (2) A sexual offender shall: |
| 606 | (a) Report in person at the sheriff's office in the county |
| 607 | in which the offender establishes or maintains a permanent or |
| 608 | temporary residence, within 48 hours after establishing |
| 609 | permanent or temporary residence in this state or within 48 |
| 610 | hours after being released from the custody, control, or |
| 611 | supervision of the Department of Corrections or from the custody |
| 612 | of a private correctional facility. Any change in the sexual |
| 613 | offender's permanent or temporary residence, or name, any |
| 614 | electronic mail address and any instant message name required to |
| 615 | be provided pursuant to paragraph (4)(d), after the sexual |
| 616 | offender reports in person at the sheriff's office, shall be |
| 617 | accomplished in the manner provided in subsections (4), (7), and |
| 618 | (8). |
| 619 | (b) Provide his or her name, date of birth, social |
| 620 | security number, race, sex, height, weight, hair and eye color, |
| 621 | tattoos or other identifying marks, occupation and place of |
| 622 | employment, address of permanent or legal residence or address |
| 623 | of any current temporary residence, within the state and out of |
| 624 | state, including a rural route address and a post office box, |
| 625 | any electronic mail address and any instant message name |
| 626 | required to be provided pursuant to paragraph (4)(d), date and |
| 627 | place of each conviction, and a brief description of the crime |
| 628 | or crimes committed by the offender. A post office box shall not |
| 629 | be provided in lieu of a physical residential address. |
| 630 | 1. If the sexual offender's place of residence is a motor |
| 631 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 632 | in chapter 320, the sexual offender shall also provide to the |
| 633 | department written notice of the vehicle identification number; |
| 634 | the license tag number; the registration number; and a |
| 635 | description, including color scheme, of the motor vehicle, |
| 636 | trailer, mobile home, or manufactured home. If the sexual |
| 637 | offender's place of residence is a vessel, live-aboard vessel, |
| 638 | or houseboat, as defined in chapter 327, the sexual offender |
| 639 | shall also provide to the department written notice of the hull |
| 640 | identification number; the manufacturer's serial number; the |
| 641 | name of the vessel, live-aboard vessel, or houseboat; the |
| 642 | registration number; and a description, including color scheme, |
| 643 | of the vessel, live-aboard vessel, or houseboat. |
| 644 | 2. If the sexual offender is enrolled, employed, or |
| 645 | carrying on a vocation at an institution of higher education in |
| 646 | this state, the sexual offender shall also provide to the |
| 647 | department the name, address, and county of each institution, |
| 648 | including each campus attended, and the sexual offender's |
| 649 | enrollment or employment status. Each change in enrollment or |
| 650 | employment status shall be reported in person at the sheriff's |
| 651 | office, within 48 hours after any change in status. The sheriff |
| 652 | shall promptly notify each institution of the sexual offender's |
| 653 | presence and any change in the sexual offender's enrollment or |
| 654 | employment status. |
| 655 |
|
| 656 | When a sexual offender reports at the sheriff's office, the |
| 657 | sheriff shall take a photograph and a set of fingerprints of the |
| 658 | offender and forward the photographs and fingerprints to the |
| 659 | department, along with the information provided by the sexual |
| 660 | offender. The sheriff shall promptly provide to the department |
| 661 | the information received from the sexual offender. |
| 662 | (4) |
| 663 | (d) A sexual offender must register any electronic mail |
| 664 | address or instant message name with the department prior to |
| 665 | using such electronic mail address or instant message name on or |
| 666 | after October 1, 2007. The department shall establish an online |
| 667 | system through which sexual offenders may securely access and |
| 668 | update all electronic mail address and instant message name |
| 669 | information. |
| 670 | (14)(a) A sexual offender must report in person each year |
| 671 | during the month of the sexual offender's birthday and during |
| 672 | the sixth month following the sexual offender's birth month to |
| 673 | the sheriff's office in the county in which he or she resides or |
| 674 | is otherwise located to reregister. The sheriff's office may |
| 675 | determine the appropriate times and days for reporting by the |
| 676 | sexual offender, which shall be consistent with the reporting |
| 677 | requirements of this paragraph. Reregistration shall include any |
| 678 | changes to the following information: |
| 679 | 1. Name; social security number; age; race; sex; date of |
| 680 | birth; height; weight; hair and eye color; address of any |
| 681 | permanent residence and address of any current temporary |
| 682 | residence, within the state or out of state, including a rural |
| 683 | route address and a post office box; any electronic mail address |
| 684 | and any instant message name required to be provided pursuant to |
| 685 | paragraph (4)(d); date and place of any employment; vehicle |
| 686 | make, model, color, and license tag number; fingerprints; and |
| 687 | photograph. A post office box shall not be provided in lieu of a |
| 688 | physical residential address. |
| 689 | 2. If the sexual offender is enrolled, employed, or |
| 690 | carrying on a vocation at an institution of higher education in |
| 691 | this state, the sexual offender shall also provide to the |
| 692 | department the name, address, and county of each institution, |
| 693 | including each campus attended, and the sexual offender's |
| 694 | enrollment or employment status. |
| 695 | 3. If the sexual offender's place of residence is a motor |
| 696 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 697 | in chapter 320, the sexual offender shall also provide the |
| 698 | vehicle identification number; the license tag number; the |
| 699 | registration number; and a description, including color scheme, |
| 700 | of the motor vehicle, trailer, mobile home, or manufactured |
| 701 | home. If the sexual offender's place of residence is a vessel, |
| 702 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 703 | sexual offender shall also provide the hull identification |
| 704 | number; the manufacturer's serial number; the name of the |
| 705 | vessel, live-aboard vessel, or houseboat; the registration |
| 706 | number; and a description, including color scheme, of the |
| 707 | vessel, live-aboard vessel or houseboat. |
| 708 | 4. Any sexual offender who fails to report in person as |
| 709 | required at the sheriff's office, or who fails to respond to any |
| 710 | address verification correspondence from the department within 3 |
| 711 | weeks of the date of the correspondence or who fails to report |
| 712 | electronic mail addresses or instant message names, commits a |
| 713 | felony of the third degree, punishable as provided in s. |
| 714 | 775.082, s. 775.083, or s. 775.084. |
| 715 | (b) The sheriff's office shall, within 2 working days, |
| 716 | electronically submit and update all information provided by the |
| 717 | sexual offender to the department in a manner prescribed by the |
| 718 | department. This procedure shall be implemented by December 1, |
| 719 | 2005. |
| 720 | Section 11. Paragraphs (c) and (d) are added to subsection |
| 721 | (1) of section 944.606, Florida Statutes, and paragraph (a) of |
| 722 | subsection (3) of that section is amended, to read: |
| 723 | 944.606 Sexual offenders; notification upon release.-- |
| 724 | (1) As used in this section: |
| 725 | (c) "Electronic mail address" has the same meaning as |
| 726 | provided in s. 668.602. |
| 727 | (d) "Instant message name" means an identifier that allows |
| 728 | a person to communicate in real time with another person using |
| 729 | the Internet. |
| 730 | (3)(a) The department must provide information regarding |
| 731 | any sexual offender who is being released after serving a period |
| 732 | of incarceration for any offense, as follows: |
| 733 | 1. The department must provide: the sexual offender's |
| 734 | name, any change in the offender's name by reason of marriage or |
| 735 | other legal process, and any alias, if known; the correctional |
| 736 | facility from which the sexual offender is released; the sexual |
| 737 | offender's social security number, race, sex, date of birth, |
| 738 | height, weight, and hair and eye color; date and county of |
| 739 | sentence and each crime for which the offender was sentenced; a |
| 740 | copy of the offender's fingerprints and a digitized photograph |
| 741 | taken within 60 days before release; the date of release of the |
| 742 | sexual offender; any electronic mail address and any instant |
| 743 | message name required to be provided pursuant to s. |
| 744 | 943.0435(4)(d); and the offender's intended residence address, |
| 745 | if known. The department shall notify the Department of Law |
| 746 | Enforcement if the sexual offender escapes, absconds, or dies. |
| 747 | If the sexual offender is in the custody of a private |
| 748 | correctional facility, the facility shall take the digitized |
| 749 | photograph of the sexual offender within 60 days before the |
| 750 | sexual offender's release and provide this photograph to the |
| 751 | Department of Corrections and also place it in the sexual |
| 752 | offender's file. If the sexual offender is in the custody of a |
| 753 | local jail, the custodian of the local jail shall notify the |
| 754 | Department of Law Enforcement of the sexual offender's release |
| 755 | and provide to the Department of Law Enforcement the information |
| 756 | specified in this paragraph and any information specified in |
| 757 | subparagraph 2. that the Department of Law Enforcement requests. |
| 758 | 2. The department may provide any other information deemed |
| 759 | necessary, including criminal and corrections records, |
| 760 | nonprivileged personnel and treatment records, when available. |
| 761 | Section 12. Paragraphs (e) and (f) are added to subsection |
| 762 | (1) of section 944.607, Florida Statutes, and paragraph (a) of |
| 763 | subsection (4) and subsection (13) of that section are amended, |
| 764 | to read: |
| 765 | 944.607 Notification to Department of Law Enforcement of |
| 766 | information on sexual offenders.-- |
| 767 | (1) As used in this section, the term: |
| 768 | (e) "Electronic mail address" has the same meaning as |
| 769 | provided in s. 668.602. |
| 770 | (f) "Instant message name" means an identifier that allows |
| 771 | a person to communicate in real time with another person using |
| 772 | the Internet. |
| 773 | (4) A sexual offender, as described in this section, who |
| 774 | is under the supervision of the Department of Corrections but is |
| 775 | not incarcerated must register with the Department of |
| 776 | Corrections and provide information as required by this |
| 777 | subsection. |
| 778 | (a) The sexual offender shall provide his or her name; |
| 779 | date of birth; social security number; race; sex; height; |
| 780 | weight; hair and eye color; tattoos or other identifying marks; |
| 781 | any electronic mail address and any instant message name |
| 782 | required to be provided pursuant to s. 943.0435(4)(d); and |
| 783 | permanent or legal residence and address of temporary residence |
| 784 | within the state or out of state while the sexual offender is |
| 785 | under supervision in this state, including any rural route |
| 786 | address or post office box. The Department of Corrections shall |
| 787 | verify the address of each sexual offender in the manner |
| 788 | described in ss. 775.21 and 943.0435. |
| 789 | (13)(a) A sexual offender must report in person each year |
| 790 | during the month of the sexual offender's birthday and during |
| 791 | the sixth month following the sexual offender's birth month to |
| 792 | the sheriff's office in the county in which he or she resides or |
| 793 | is otherwise located to reregister. The sheriff's office may |
| 794 | determine the appropriate times and days for reporting by the |
| 795 | sexual offender, which shall be consistent with the reporting |
| 796 | requirements of this paragraph. Reregistration shall include any |
| 797 | changes to the following information: |
| 798 | 1. Name; social security number; age; race; sex; date of |
| 799 | birth; height; weight; hair and eye color; address of any |
| 800 | permanent residence and address of any current temporary |
| 801 | residence, within the state or out of state, including a rural |
| 802 | route address and a post office box; any electronic mail address |
| 803 | and any instant message name required to be provided pursuant to |
| 804 | s. 943.0435(4)(d), date and place of any employment; vehicle |
| 805 | make, model, color, and license tag number; fingerprints; and |
| 806 | photograph. A post office box shall not be provided in lieu of a |
| 807 | physical residential address. |
| 808 | 2. If the sexual offender is enrolled, employed, or |
| 809 | carrying on a vocation at an institution of higher education in |
| 810 | this state, the sexual offender shall also provide to the |
| 811 | department the name, address, and county of each institution, |
| 812 | including each campus attended, and the sexual offender's |
| 813 | enrollment or employment status. |
| 814 | 3. If the sexual offender's place of residence is a motor |
| 815 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 816 | in chapter 320, the sexual offender shall also provide the |
| 817 | vehicle identification number; the license tag number; the |
| 818 | registration number; and a description, including color scheme, |
| 819 | of the motor vehicle, trailer, mobile home, or manufactured |
| 820 | home. If the sexual offender's place of residence is a vessel, |
| 821 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 822 | sexual offender shall also provide the hull identification |
| 823 | number; the manufacturer's serial number; the name of the |
| 824 | vessel, live-aboard vessel, or houseboat; the registration |
| 825 | number; and a description, including color scheme, of the |
| 826 | vessel, live-aboard vessel, or houseboat. |
| 827 | 4. Any sexual offender who fails to report in person as |
| 828 | required at the sheriff's office, or who fails to respond to any |
| 829 | address verification correspondence from the department within 3 |
| 830 | weeks of the date of the correspondence or who fails to report |
| 831 | electronic mail addresses or instant message names, commits a |
| 832 | felony of the third degree, punishable as provided in s. |
| 833 | 775.082, s. 775.083, and s. 775.084. |
| 834 | (b) The sheriff's office shall, within 2 working days, |
| 835 | electronically submit and update all information provided by the |
| 836 | sexual offender to the Florida Department of Law Enforcement in |
| 837 | a manner prescribed by that the Florida department of Law |
| 838 | Enforcement. This procedure shall be implemented by December 1, |
| 839 | 2005. |
| 840 | Section 13. In the express interest of the protection of |
| 841 | citizens, particularly children, who use the Internet, it is the |
| 842 | intent of the Legislature that the collection and distribution |
| 843 | of the electronic mail address and instant message name |
| 844 | information of sexual predators and sexual offenders be |
| 845 | maintained and distributed in a manner to maximize public safety |
| 846 | benefits while minimizing and avoiding to the greatest extent |
| 847 | possible any use of this information for any illegal purposes |
| 848 | including harassment and networking among individuals for |
| 849 | illegal purposes. Additionally, care should be taken in the |
| 850 | distribution of this information to avoid circumstances which |
| 851 | allow ready access to such information by minors. |
| 852 | Section 14. Section 943.0437, Florida Statutes, is created |
| 853 | to read: |
| 854 | 943.0437 Commercial social networking websites.-- |
| 855 | (1) For the purpose of this section, the term "commercial |
| 856 | social networking website" means a commercially operated |
| 857 | Internet website that allows users to create web pages or |
| 858 | profiles that provide information about themselves and are |
| 859 | available publicly or to other users and that offers a mechanism |
| 860 | for communication with other users, such as a forum, chat room, |
| 861 | electronic mail, or instant messenger. |
| 862 | (2) The department may provide information relating to |
| 863 | electronic mail addresses and instant message names maintained |
| 864 | as part of the sexual offender registry to commercial social |
| 865 | networking websites or third parties designated by commercial |
| 866 | social networking websites. The commercial social networking |
| 867 | website may use this information for the purpose of comparing |
| 868 | registered users and screening potential users of the commercial |
| 869 | social networking website against the list of electronic mail |
| 870 | addresses and instant message names provided by the department. |
| 871 | (3) This section shall not be construed to impose any |
| 872 | civil liability on a commercial social networking website for: |
| 873 | (a) Any action voluntarily taken in good faith to remove |
| 874 | or disable any profile of a registered user associated with an |
| 875 | electronic mail address or instant message name contained in the |
| 876 | sexual offender registry. |
| 877 | (b) Any action taken to restrict access by such registered |
| 878 | user to the commercial social networking website. |
| 879 | Section 15. This act shall take effect October 1, 2007. |
| 880 |
|
| 881 |
|
| 882 | ======= T I T L E A M E N D M E N T ========== |
| 883 | Remove the entire title and insert: |
| 884 | A bill to be entitled |
| 885 | An act relating to criminal justice; providing a short |
| 886 | title; amending s. 16.56, F.S.; providing for jurisdiction |
| 887 | of the Office of the Statewide Prosecutor over certain |
| 888 | obscenity offenses; providing for jurisdiction over |
| 889 | offenses facilitated by or connected to the use of the |
| 890 | Internet; creating s. 775.0847, F.S.; providing |
| 891 | definitions; providing for reclassification of certain |
| 892 | offenses involving child pornography; amending s. 827.071, |
| 893 | F.S.; providing for the effect of certain prosecutions; |
| 894 | amending s. 847.0135, F.S.; making editorial changes; |
| 895 | revising prohibitions on use of certain computer services |
| 896 | to facilitate certain sexual conduct to include electronic |
| 897 | storage devices, additional persons, and additional |
| 898 | conduct; providing for charging each conversation in which |
| 899 | specified conduct occurs as a separate offense; |
| 900 | prohibiting traveling to meet minors for certain purposes; |
| 901 | providing criminal penalties; revising a provision |
| 902 | relating to state criminal jurisdiction; providing for |
| 903 | effect of certain prosecutions; amending s. 905.34, F.S.; |
| 904 | providing additional subject matter jurisdiction for the |
| 905 | statewide grand jury; amending s. 910.15, F.S.; revising |
| 906 | provisions relating to offenses facilitated by |
| 907 | communication systems; amending s. 921.0022, F.S.; |
| 908 | conforming the Criminal Punishment Code offense severity |
| 909 | ranking chart; amending s. 775.21, F.S.; providing |
| 910 | definitions; requiring sexual predators to include certain |
| 911 | information during the registration process; requiring |
| 912 | sexual predators to report changes in certain information; |
| 913 | requiring sexual predators to include certain information |
| 914 | during the reregistration process; providing penalties for |
| 915 | failing to provide certain information; amending s. |
| 916 | 943.0435, F.S.; providing definitions; requiring sexual |
| 917 | offenders to include certain information during the |
| 918 | registration process; requiring sexual offenders to report |
| 919 | changes in certain information; requiring sexual offenders |
| 920 | to include certain information during the reregistration |
| 921 | process; amending s. 944.606, F.S.; providing definitions; |
| 922 | requiring the Department of Corrections to provide certain |
| 923 | information regarding sexual offenders who are being |
| 924 | released after serving a period of incarceration to |
| 925 | certain entities; amending s. 944.607, F.S.; providing |
| 926 | definitions; requiring sexual offenders under the |
| 927 | supervision of the Department of Corrections to include |
| 928 | certain information during the registration process; |
| 929 | requiring sexual offenders to include certain information |
| 930 | during the reregistration process; providing legislative |
| 931 | intent; creating s. 943.0437, F.S.; providing definitions; |
| 932 | providing penalties for sexual offenders who fail to |
| 933 | report certain information; permitting the Department of |
| 934 | Law Enforcement to provide electronic mail address and |
| 935 | instant message information in the sexual offender |
| 936 | registry to commercial social networking websites and |
| 937 | certain others; providing that certain statutory |
| 938 | provisions do not impose civil liability on commercial |
| 939 | social networking websites for specified actions; |
| 940 | providing an effective date. |