Senate Bill sb1604er
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  1                                 
  2         An act relating to sexual offenders and
  3         predators; amending s. 775.21, F.S.; revising
  4         criteria for designation as a sexual predator;
  5         correcting a cross-reference; requiring sexual
  6         predators to register with the Department of
  7         Law Enforcement through a sheriff's office;
  8         requiring a sexual predator who is supervised
  9         by the Department of Corrections but not
10         incarcerated to register within a specified
11         period; requiring that the custodian of a local
12         jail register a sexual predator within a
13         specified period after intake; requiring the
14         sexual predator to register in the county where
15         designated as a sexual predator; deleting
16         provisions allowing certain predators to have
17         predator designation removed after a specified
18         period; revising references to applicable
19         federal law; revising provisions relating to
20         verification of addresses; increasing frequency
21         of a reregistration requirement for a sexual
22         predator; providing specified immunity to the
23         Department of Juvenile Justice; amending s.
24         943.0435, F.S.; revising criteria for sexual
25         offender designation; providing conditions
26         under which juveniles are designated as sexual
27         offenders; requiring the court to make certain
28         written findings related to violations of
29         sexual offender qualifying offenses; revising
30         the definition of the term "conviction";
31         revising reporting requirements; revising
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 1         references to applicable federal law; revising
 2         provisions relating to verification of
 3         addresses; providing specified immunity to the
 4         Department of Juvenile Justice; revising
 5         provisions relating to petitions to allow
 6         certain offenders to remove the offender
 7         designation after a specified period;
 8         increasing frequency of reregistration
 9         requirement for certain sexual offenders;
10         creating s. 943.04354, F.S.; allowing certain
11         sexual predators and sexual offenders to
12         petition for the removal of the registration
13         requirement; providing that a court may grant
14         the petition if certain criteria are met and
15         removal of the registration requirement will
16         not conflict with federal law; creating s.
17         943.44353, F.S.; requiring development and
18         maintenance of a system to provide automatic
19         notification of registration information
20         regarding sexual predators and sexual offenders
21         to the public; amending s. 943.0515, F.S.;
22         requiring retention of records of minors
23         adjudicated delinquent of specified sexual
24         offenses; amending s. 944.606, F.S.; revising
25         criteria for designation as a sexual offender;
26         providing registration and notification duties
27         for a custodian of a local jail regarding
28         sexual offenders; amending s. 944.607, F.S.;
29         revising the definition of a sexual offender
30         for notification purposes; requiring a sexual
31         offender who is supervised by the Department of
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 1         Corrections but not incarcerated to register
 2         within a specified period; providing
 3         registration and notification duties for a
 4         custodian of a local jail regarding sexual
 5         offenders; providing specified immunity to the
 6         Department of Juvenile Justice; requiring more
 7         frequent reregistration for specified
 8         offenders; amending ss. 947.005 and 948.001,
 9         F.S.; revising the definition of the term
10         "qualified practitioner" for purposes of
11         certain sex offender treatment programs;
12         amending s. 985.04, F.S.; providing that
13         specified sexual predator and offender
14         registration information is a public record;
15         amending s. 985.045, F.S.; conforming a
16         provision; creating s. 985.481, F.S.; providing
17         definitions; providing for notification upon
18         release of specified juvenile sexual offenders;
19         providing for availability of specified
20         information concerning such offenders;
21         providing immunity for specified officials;
22         creating s. 985.4815, F.S.; providing for
23         notification to the Department of Law
24         Enforcement concerning specified juvenile
25         sexual offenders; providing definitions;
26         providing duties of clerks of court; providing
27         registration requirements; requiring specified
28         information to be made available to the
29         Department of Law Enforcement; providing duties
30         of a custodian of a local jail; providing for
31         forwarding of information for specified
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 1         offenders under federal supervision; providing
 2         penalties for failure to comply with
 3         requirements; providing venue for prosecution
 4         of specified offenses; providing for the effect
 5         of certain actions; providing that registration
 6         following certain actions does not provide a
 7         defense to specified charges; providing
 8         immunity for specified agencies and persons for
 9         certain actions; prohibiting certain acts
10         concerning offenders; providing criminal
11         penalties; providing reporting requirements for
12         offenders; amending s. 921.0022, F.S.; ranking
13         within the offense severity ranking chart of
14         the Criminal Punishment Code certain offenses
15         relating to the registration requirements for
16         sexual offenders; providing an effective date.
17  
18  Be It Enacted by the Legislature of the State of Florida:
19  
20         Section 1.  Paragraphs (a) and (c) of subsection (4),
21  paragraphs (a), (b), (c), (e), and (l) of subsection (6),
22  subsections (8) and (9), and paragraph (b) of subsection (10)
23  of section 775.21, Florida Statutes, are amended to read:
24         775.21  The Florida Sexual Predators Act.--
25         (4)  SEXUAL PREDATOR CRITERIA.--
26         (a)  For a current offense committed on or after
27  October 1, 1993, upon conviction, an offender shall be
28  designated as a "sexual predator" under subsection (5), and
29  subject to registration under subsection (6) and community and
30  public notification under subsection (7) if:
31         1.  The felony is:
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 1         a.  A capital, life, or first-degree felony violation,
 2  or any attempt thereof, of s. 787.01 or s. 787.02, where the
 3  victim is a minor and the defendant is not the victim's parent
 4  or guardian, or s. 794.011 of chapter 794, s. 800.04, or s.
 5  847.0145, or a violation of a similar law of another
 6  jurisdiction; or
 7         b.  Any felony violation, or any attempt thereof, of s.
 8  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
 9  minor and the defendant is not the victim's parent or
10  guardian; s. 794.011 chapter 794, excluding s. ss.
11  794.011(10); s. 794.05 and 794.0235; s. 796.03; s. 796.035; s.
12  800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; or s.
13  985.701(1); or a violation of a similar law of another
14  jurisdiction, and the offender has previously been convicted
15  of or found to have committed, or has pled nolo contendere or
16  guilty to, regardless of adjudication, any violation of s.
17  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
18  minor and the defendant is not the victim's parent or
19  guardian; s. 794.011, excluding s. 794.011(10) s. 794.011(2),
20  (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
21  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
22  excluding s. 847.0135(4); s. 847.0145; or s. 985.701(1); or a
23  violation of a similar law of another jurisdiction;
24         2.  The offender has not received a pardon for any
25  felony or similar law of another jurisdiction that is
26  necessary for the operation of this paragraph; and
27         3.  A conviction of a felony or similar law of another
28  jurisdiction necessary to the operation of this paragraph has
29  not been set aside in any postconviction proceeding.
30  
31  
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 1         (c)  If an offender has been registered as a sexual
 2  predator by the Department of Corrections, the department, or
 3  any other law enforcement agency and if:
 4         1.  The court did not, for whatever reason, make a
 5  written finding at the time of sentencing that the offender
 6  was a sexual predator; or
 7         2.  The offender was administratively registered as a
 8  sexual predator because the Department of Corrections, the
 9  department, or any other law enforcement agency obtained
10  information that indicated that the offender met the criteria
11  for designation as a sexual predator based on a violation of a
12  similar law in another jurisdiction,
13  
14  the department shall remove that offender from the
15  department's list of sexual predators and, for an offender
16  described under subparagraph 1., shall notify the state
17  attorney who prosecuted the offense that met the criteria for
18  administrative designation as a sexual predator, and, for an
19  offender described under this paragraph subparagraph, shall
20  notify the state attorney of the county where the offender
21  establishes or maintains a permanent or temporary residence.
22  The state attorney shall bring the matter to the court's
23  attention in order to establish that the offender meets the
24  criteria for designation as a sexual predator. If the court
25  makes a written finding that the offender is a sexual
26  predator, the offender must be designated as a sexual
27  predator, must register or be registered as a sexual predator
28  with the department as provided in subsection (6), and is
29  subject to the community and public notification as provided
30  in subsection (7). If the court does not make a written
31  finding that the offender is a sexual predator, the offender
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 1  may not be designated as a sexual predator with respect to
 2  that offense and is not required to register or be registered
 3  as a sexual predator with the department.
 4         (6)  REGISTRATION.--
 5         (a)  A sexual predator must register with the
 6  department through the sheriff's office by providing the
 7  following information to the department:
 8         1.  Name, social security number, age, race, sex, date
 9  of birth, height, weight, hair and eye color, photograph,
10  address of legal residence and address of any current
11  temporary residence, within the state or out of state,
12  including a rural route address and a post office box, date
13  and place of any employment, date and place of each
14  conviction, fingerprints, and a brief description of the crime
15  or crimes committed by the offender. A post office box shall
16  not be provided in lieu of a physical residential address.
17         a.  If the sexual predator's place of residence is a
18  motor vehicle, trailer, mobile home, or manufactured home, as
19  defined in chapter 320, the sexual predator shall also provide
20  to the department written notice of the vehicle identification
21  number; the license tag number; the registration number; and a
22  description, including color scheme, of the motor vehicle,
23  trailer, mobile home, or manufactured home. If a sexual
24  predator's place of residence is a vessel, live-aboard vessel,
25  or houseboat, as defined in chapter 327, the sexual predator
26  shall also provide to the department written notice of the
27  hull identification number; the manufacturer's serial number;
28  the name of the vessel, live-aboard vessel, or houseboat; the
29  registration number; and a description, including color
30  scheme, of the vessel, live-aboard vessel, or houseboat.
31  
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 1         b.  If the sexual predator is enrolled, employed, or
 2  carrying on a vocation at an institution of higher education
 3  in this state, the sexual predator shall also provide to the
 4  department the name, address, and county of each institution,
 5  including each campus attended, and the sexual predator's
 6  enrollment or employment status. Each change in enrollment or
 7  employment status shall be reported in person at the sheriff's
 8  office, or the Department of Corrections if the sexual
 9  predator is in the custody or control of or under the
10  supervision of the Department of Corrections, within 48 hours
11  after any change in status. The sheriff or the Department of
12  Corrections shall promptly notify each institution of the
13  sexual predator's presence and any change in the sexual
14  predator's enrollment or employment status.
15         2.  Any other information determined necessary by the
16  department, including criminal and corrections records;
17  nonprivileged personnel and treatment records; and evidentiary
18  genetic markers when available.
19         (b)  If the sexual predator is in the custody or
20  control of, or under the supervision of, the Department of
21  Corrections, or is in the custody of a private correctional
22  facility, the sexual predator must register with the
23  Department of Corrections. A sexual predator who is under the
24  supervision of the Department of Corrections but who is not
25  incarcerated must register with the Department of Corrections
26  within 3 business days after the court finds the offender to
27  be a sexual predator. The Department of Corrections shall
28  provide to the department registration information and the
29  location of, and local telephone number for, any Department of
30  Corrections office that is responsible for supervising the
31  sexual predator. In addition, the Department of Corrections
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 1  shall notify the department if the sexual predator escapes or
 2  absconds from custody or supervision or if the sexual predator
 3  dies.
 4         (c)  If the sexual predator is in the custody of a
 5  local jail, the custodian of the local jail shall register the
 6  sexual predator within 3 business days after intake of the
 7  sexual predator for any reason and upon release, and shall
 8  forward the registration information to the department. The
 9  custodian of the local jail shall also take a digitized
10  photograph of the sexual predator while the sexual predator
11  remains in custody and shall provide the digitized photograph
12  to the department. The custodian shall notify the department
13  if the sexual predator escapes from custody or dies.
14         (e)1.  If the sexual predator is not in the custody or
15  control of, or under the supervision of, the Department of
16  Corrections, or is not in the custody of a private
17  correctional facility, the sexual predator shall register in
18  person:
19         a.  At the sheriff's office in the county where he or
20  she establishes or maintains a residence within 48 hours after
21  establishing or maintaining a residence in this state; and
22         b.  At the sheriff's office in the county where he or
23  she was designated a sexual predator by the court within 48
24  hours after such finding is made.
25         2.  and establishes or maintains a residence in the
26  state, the sexual predator shall register in person at the
27  sheriff's office in the county in which the predator
28  establishes or maintains a residence, within 48 hours after
29  establishing permanent or temporary residence in this state.
30  Any change in the sexual predator's permanent or temporary
31  residence or name, after the sexual predator registers in
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 1  person at the sheriff's office as provided in subparagraph 1.,
 2  shall be accomplished in the manner provided in paragraphs
 3  (g), (i), and (j). When a sexual predator registers with the
 4  sheriff's office, the sheriff shall take a photograph and a
 5  set of fingerprints of the predator and forward the
 6  photographs and fingerprints to the department, along with the
 7  information that the predator is required to provide pursuant
 8  to this section.
 9         (l)  A sexual predator must maintain registration with
10  the department for the duration of his or her life, unless the
11  sexual predator has received a full pardon or has had a
12  conviction set aside in a postconviction proceeding for any
13  offense that met the criteria for the sexual predator
14  designation. However, a sexual predator who was designated as
15  a sexual predator by a court before October 1, 1998, and who
16  has been lawfully released from confinement, supervision, or
17  sanction, whichever is later, for at least 10 years and has
18  not been arrested for any felony or misdemeanor offense since
19  release, may petition the criminal division of the circuit
20  court in the circuit in which the sexual predator resides for
21  the purpose of removing the sexual predator designation. A
22  sexual predator who was designated a sexual predator by a
23  court on or after October 1, 1998, who has been lawfully
24  released from confinement, supervision, or sanction, whichever
25  is later, for at least 20 years, and who has not been arrested
26  for any felony or misdemeanor offense since release may
27  petition the criminal division of the circuit court in the
28  circuit in which the sexual predator resides for the purpose
29  of removing the sexual predator designation. A sexual predator
30  who was designated as a sexual predator by a court on or after
31  September 1, 2005, who has been lawfully released from
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 1  confinement, supervision, or sanction, whichever is later, for
 2  at least 30 years, and who has not been arrested for any
 3  felony or misdemeanor offense since release may petition the
 4  criminal division of the circuit court in the circuit in which
 5  the sexual predator resides for the purpose of removing the
 6  sexual predator designation. The court may grant or deny such
 7  relief if the petitioner demonstrates to the court that he or
 8  she has not been arrested for any crime since release, the
 9  requested relief complies with the provisions of the federal
10  Jacob Wetterling Act, as amended, and any other federal
11  standards applicable to the removal of the designation as a
12  sexual predator or required to be met as a condition for the
13  receipt of federal funds by the state, and the court is
14  otherwise satisfied that the petitioner is not a current or
15  potential threat to public safety. The state attorney in the
16  circuit in which the petition is filed must be given notice of
17  the petition at least 3 weeks before the hearing on the
18  matter. The state attorney may present evidence in opposition
19  to the requested relief or may otherwise demonstrate the
20  reasons why the petition should be denied. If the court denies
21  the petition, the court may set a future date at which the
22  sexual predator may again petition the court for relief,
23  subject to the standards for relief provided in this
24  paragraph. Unless specified in the order, a sexual predator
25  who is granted relief under this paragraph must comply with
26  the requirements for registration as a sexual offender and
27  other requirements provided under s. 943.0435 or s. 944.607.
28  If a petitioner obtains an order from the court that imposed
29  the order designating the petitioner as a sexual predator
30  which removes such designation, the petitioner shall forward a
31  certified copy of the written findings or order to the
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 1  department in order to have the sexual predator designation
 2  removed from the sexual predator registry.
 3  
 4  The sheriff shall promptly provide to the department the
 5  information received from the sexual predator.
 6         (8)  VERIFICATION.--The department and the Department
 7  of Corrections shall implement a system for verifying the
 8  addresses of sexual predators. The system must be consistent
 9  with the provisions of the federal Adam Walsh Child Protection
10  and Safety Act of 2006 Jacob Wetterling Act, as amended, and
11  any other federal standards applicable to such verification or
12  required to be met as a condition for the receipt of federal
13  funds by the state. The Department of Corrections shall verify
14  the addresses of sexual predators who are not incarcerated but
15  who reside in the community under the supervision of the
16  Department of Corrections and shall report to the department
17  any failure by a sexual predator to comply with registration
18  requirements. County and local law enforcement agencies, in
19  conjunction with the department, shall verify the addresses of
20  sexual predators who are not under the care, custody, control,
21  or supervision of the Department of Corrections. Local law
22  enforcement agencies shall report to the department any
23  failure by a sexual predator to comply with registration
24  requirements.
25         (a)  A sexual predator must report in person each year
26  during the month of the sexual predator's birthday and during
27  every third the sixth month thereafter following the sexual
28  predator's birth month to the sheriff's office in the county
29  in which he or she resides or is otherwise located to
30  reregister. The sheriff's office may determine the appropriate
31  times and days for reporting by the sexual predator, which
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 1  shall be consistent with the reporting requirements of this
 2  paragraph. Reregistration shall include any changes to the
 3  following information:
 4         1.  Name; social security number; age; race; sex; date
 5  of birth; height; weight; hair and eye color; address of any
 6  permanent residence and address of any current temporary
 7  residence, within the state or out of state, including a rural
 8  route address and a post office box; date and place of any
 9  employment; vehicle make, model, color, and license tag
10  number; fingerprints; and photograph. A post office box shall
11  not be provided in lieu of a physical residential address.
12         2.  If the sexual predator is enrolled, employed, or
13  carrying on a vocation at an institution of higher education
14  in this state, the sexual predator shall also provide to the
15  department the name, address, and county of each institution,
16  including each campus attended, and the sexual predator's
17  enrollment or employment status.
18         3.  If the sexual predator's place of residence is a
19  motor vehicle, trailer, mobile home, or manufactured home, as
20  defined in chapter 320, the sexual predator shall also provide
21  the vehicle identification number; the license tag number; the
22  registration number; and a description, including color
23  scheme, of the motor vehicle, trailer, mobile home, or
24  manufactured home. If the sexual predator's place of residence
25  is a vessel, live-aboard vessel, or houseboat, as defined in
26  chapter 327, the sexual predator shall also provide the hull
27  identification number; the manufacturer's serial number; the
28  name of the vessel, live-aboard vessel, or houseboat; the
29  registration number; and a description, including color
30  scheme, of the vessel, live-aboard vessel, or houseboat.
31  
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 1         (b)  The sheriff's office shall, within 2 working days,
 2  electronically submit and update all information provided by
 3  the sexual predator to the department in a manner prescribed
 4  by the department. This procedure shall be implemented by
 5  December 1, 2005.
 6         (9)  IMMUNITY.--The department, the Department of
 7  Highway Safety and Motor Vehicles, the Department of
 8  Corrections, the Department of Juvenile Justice, any law
 9  enforcement agency in this state, and the personnel of those
10  departments; an elected or appointed official, public
11  employee, or school administrator; or an employee, agency, or
12  any individual or entity acting at the request or upon the
13  direction of any law enforcement agency is immune from civil
14  liability for damages for good faith compliance with the
15  requirements of this section or for the release of information
16  under this section, and shall be presumed to have acted in
17  good faith in compiling, recording, reporting, or releasing
18  the information. The presumption of good faith is not overcome
19  if a technical or clerical error is made by the department,
20  the Department of Highway Safety and Motor Vehicles, the
21  Department of Corrections, the Department of Juvenile Justice,
22  the personnel of those departments, or any individual or
23  entity acting at the request or upon the direction of any of
24  those departments in compiling or providing information, or if
25  information is incomplete or incorrect because a sexual
26  predator fails to report or falsely reports his or her current
27  place of permanent or temporary residence.
28         (10)  PENALTIES.--
29         (b)  A sexual predator who has been convicted of or
30  found to have committed, or has pled nolo contendere or guilty
31  to, regardless of adjudication, any violation, or attempted
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 1  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
 2  the victim is a minor and the defendant is not the victim's
 3  parent or guardian; s. 794.011, excluding s. 794.011(10) s.
 4  794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
 5  796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0145; or
 6  s. 985.701(1); or a violation of a similar law of another
 7  jurisdiction when the victim of the offense was a minor, and
 8  who works, whether for compensation or as a volunteer, at any
 9  business, school, day care center, park, playground, or other
10  place where children regularly congregate, commits a felony of
11  the third degree, punishable as provided in s. 775.082, s.
12  775.083, or s. 775.084.
13         Section 2.  Paragraphs (a) and (b) of subsection (1)
14  and subsections (2), (6), (10), (11), and (14) of section
15  943.0435, Florida Statutes, are amended to read:
16         943.0435  Sexual offenders required to register with
17  the department; penalty.--
18         (1)  As used in this section, the term:
19         (a)1.  "Sexual offender" means a person who meets the
20  criteria in sub-subparagraph a., sub-subparagraph b.,
21  sub-subparagraph c., or sub-subparagraph d. subparagraph 1.,
22  subparagraph 2., or subparagraph 3., as follows:
23         a.(I)1.a.  Has been convicted of committing, or
24  attempting, soliciting, or conspiring to commit, any of the
25  criminal offenses proscribed in the following statutes in this
26  state or similar offenses in another jurisdiction: s. 787.01,
27  s. 787.02, or s. 787.025(2)(c), where the victim is a minor
28  and the defendant is not the victim's parent or guardian; s.
29  794.011 chapter 794, excluding s. ss. 794.011(10); s. 794.05
30  and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025;
31  s. 827.071; s. 847.0133; s. 847.0135, excluding s.
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 1  847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.
 2  985.701(1); or any similar offense committed in this state
 3  which has been redesignated from a former statute number to
 4  one of those listed in this sub-sub-subparagraph
 5  sub-subparagraph; and
 6         (II)b.  Has been released on or after October 1, 1997,
 7  from the sanction imposed for any conviction of an offense
 8  described in sub-sub-subparagraph (I) sub-subparagraph a. For
 9  purposes of sub-sub-subparagraph (I) sub-subparagraph a., a
10  sanction imposed in this state or in any other jurisdiction
11  includes, but is not limited to, a fine, probation, community
12  control, parole, conditional release, control release, or
13  incarceration in a state prison, federal prison, private
14  correctional facility, or local detention facility;
15         b.2.  Establishes or maintains a residence in this
16  state and who has not been designated as a sexual predator by
17  a court of this state but who has been designated as a sexual
18  predator, as a sexually violent predator, or by another sexual
19  offender designation in another state or jurisdiction and was,
20  as a result of such designation, subjected to registration or
21  community or public notification, or both, or would be if the
22  person were a resident of that state or jurisdiction, without
23  regard to whether the person otherwise meets the criteria for
24  registration as a sexual offender; or
25         c.3.  Establishes or maintains a residence in this
26  state who is in the custody or control of, or under the
27  supervision of, any other state or jurisdiction as a result of
28  a conviction for committing, or attempting, soliciting, or
29  conspiring to commit, any of the criminal offenses proscribed
30  in the following statutes or similar offense in another
31  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
                                  16
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 1  the victim is a minor and the defendant is not the victim's
 2  parent or guardian; s. 794.011 chapter 794, excluding s. ss.
 3  794.011(10); s. 794.05 and 794.0235; s. 796.03; s. 796.035; s.
 4  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 5  excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s.
 6  847.0145; or s. 985.701(1); or any similar offense committed
 7  in this state which has been redesignated from a former
 8  statute number to one of those listed in this
 9  sub-subparagraph; or subparagraph.
10         d.  On or after July 1, 2007, has been adjudicated
11  delinquent for committing, or attempting, soliciting, or
12  conspiring to commit, any of the criminal offenses proscribed
13  in the following statutes in this state or similar offenses in
14  another jurisdiction when the juvenile was 14 years of age or
15  older at the time of the offense:
16         (I)  Section 794.011, excluding s. 794.011(10);
17         (II)  Section 800.04(4)(b) where the victim is under 12
18  years of age or where the court finds sexual activity by the
19  use of force or coercion;
20         (III)  Section 800.04(5)(c)1. where the court finds
21  molestation involving unclothed genitals; or
22         (IV)  Section 800.04(5)(d) where the court finds the
23  use of force or coercion and unclothed genitals.
24         2.  For all qualifying offenses listed in
25  sub-subparagraph (1)(a)1.d., the court shall make a written
26  finding of the age of the offender at the time of the offense.
27  
28  For each violation of a qualifying offense listed in this
29  subsection, the court shall make a written finding of the age
30  of the victim at the time of the offense. For a violation of
31  s. 800.04(4), the court shall additionally make a written
                                  17
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 1  finding indicating that the offense did or did not involve
 2  sexual activity and indicating that the offense did or did not
 3  involve force or coercion. For a violation of s. 800.04(5),
 4  the court shall additionally make a written finding that the
 5  offense did or did not involve unclothed genitals or genital
 6  area and that the offense did or did not involve the use of
 7  force or coercion.
 8         (b)  "Convicted" means that there has been a
 9  determination of guilt as a result of a trial or the entry of
10  a plea of guilty or nolo contendere, regardless of whether
11  adjudication is withheld, and includes an adjudication of
12  delinquency of a juvenile as specified in this section.
13  Conviction of a similar offense includes, but is not limited
14  to, a conviction by a federal or military tribunal, including
15  courts-martial conducted by the Armed Forces of the United
16  States, and includes a conviction or entry of a plea of guilty
17  or nolo contendere resulting in a sanction in any state of the
18  United States or other jurisdiction. A sanction includes, but
19  is not limited to, a fine, probation, community control,
20  parole, conditional release, control release, or incarceration
21  in a state prison, federal prison, private correctional
22  facility, or local detention facility.
23         (2)  A sexual offender shall:
24         (a)  Report in person at the sheriff's office:
25         1.  In the county in which the offender establishes or
26  maintains a permanent or temporary residence, within 48 hours
27  after:
28         a.  Establishing permanent or temporary residence in
29  this state; or within 48 hours after
30  
31  
                                  18
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 1         b.  Being released from the custody, control, or
 2  supervision of the Department of Corrections or from the
 3  custody of a private correctional facility; or.
 4         2.  In the county where he or she was convicted within
 5  48 hours after being convicted for a qualifying offense for
 6  registration under this section if the offender is not in the
 7  custody or control of, or under the supervision of, the
 8  Department of Corrections, or is not in the custody of a
 9  private correctional facility.
10  
11  Any change in the sexual offender's permanent or temporary
12  residence or name, after the sexual offender reports in person
13  at the sheriff's office, shall be accomplished in the manner
14  provided in subsections (4), (7), and (8).
15         (b)  Provide his or her name, date of birth, social
16  security number, race, sex, height, weight, hair and eye
17  color, tattoos or other identifying marks, occupation and
18  place of employment, address of permanent or legal residence
19  or address of any current temporary residence, within the
20  state and out of state, including a rural route address and a
21  post office box, date and place of each conviction, and a
22  brief description of the crime or crimes committed by the
23  offender. A post office box shall not be provided in lieu of a
24  physical residential address.
25         1.  If the sexual offender's place of residence is a
26  motor vehicle, trailer, mobile home, or manufactured home, as
27  defined in chapter 320, the sexual offender shall also provide
28  to the department through the sheriff's office written notice
29  of the vehicle identification number; the license tag number;
30  the registration number; and a description, including color
31  scheme, of the motor vehicle, trailer, mobile home, or
                                  19
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 1  manufactured home. If the sexual offender's place of residence
 2  is a vessel, live-aboard vessel, or houseboat, as defined in
 3  chapter 327, the sexual offender shall also provide to the
 4  department written notice of the hull identification number;
 5  the manufacturer's serial number; the name of the vessel,
 6  live-aboard vessel, or houseboat; the registration number; and
 7  a description, including color scheme, of the vessel,
 8  live-aboard vessel, or houseboat.
 9         2.  If the sexual offender is enrolled, employed, or
10  carrying on a vocation at an institution of higher education
11  in this state, the sexual offender shall also provide to the
12  department through the sheriff's office the name, address, and
13  county of each institution, including each campus attended,
14  and the sexual offender's enrollment or employment status.
15  Each change in enrollment or employment status shall be
16  reported in person at the sheriff's office, within 48 hours
17  after any change in status. The sheriff shall promptly notify
18  each institution of the sexual offender's presence and any
19  change in the sexual offender's enrollment or employment
20  status.
21  
22  When a sexual offender reports at the sheriff's office, the
23  sheriff shall take a photograph and a set of fingerprints of
24  the offender and forward the photographs and fingerprints to
25  the department, along with the information provided by the
26  sexual offender. The sheriff shall promptly provide to the
27  department the information received from the sexual offender.
28         (6)  County and local law enforcement agencies, in
29  conjunction with the department, shall verify the addresses of
30  sexual offenders who are not under the care, custody, control,
31  or supervision of the Department of Corrections in a manner
                                  20
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 1  that is consistent with the provisions of the federal Adam
 2  Walsh Child Protection and Safety Act of 2006 Jacob Wetterling
 3  Act, as amended, and any other federal standards applicable to
 4  such verification or required to be met as a condition for the
 5  receipt of federal funds by the state. Local law enforcement
 6  agencies shall report to the department any failure by a
 7  sexual offender to comply with registration requirements.
 8         (10)  The department, the Department of Highway Safety
 9  and Motor Vehicles, the Department of Corrections, the
10  Department of Juvenile Justice, any law enforcement agency in
11  this state, and the personnel of those departments; an elected
12  or appointed official, public employee, or school
13  administrator; or an employee, agency, or any individual or
14  entity acting at the request or upon the direction of any law
15  enforcement agency is immune from civil liability for damages
16  for good faith compliance with the requirements of this
17  section or for the release of information under this section,
18  and shall be presumed to have acted in good faith in
19  compiling, recording, reporting, or releasing the information.
20  The presumption of good faith is not overcome if a technical
21  or clerical error is made by the department, the Department of
22  Highway Safety and Motor Vehicles, the Department of
23  Corrections, the Department of Juvenile Justice, the personnel
24  of those departments, or any individual or entity acting at
25  the request or upon the direction of any of those departments
26  in compiling or providing information, or if information is
27  incomplete or incorrect because a sexual offender fails to
28  report or falsely reports his or her current place of
29  permanent or temporary residence.
30         (11)  Except as provided in s. 943.04354, a sexual
31  offender must maintain registration with the department for
                                  21
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 1  the duration of his or her life, unless the sexual offender
 2  has received a full pardon or has had a conviction set aside
 3  in a postconviction proceeding for any offense that meets the
 4  criteria for classifying the person as a sexual offender for
 5  purposes of registration. However, a sexual offender:
 6         (a)1.  Who has been lawfully released from confinement,
 7  supervision, or sanction, whichever is later, for at least 25
 8  20 years and has not been arrested for any felony or
 9  misdemeanor offense since release, provided that the sexual
10  offender's requirement to register was not based upon an adult
11  conviction:
12         a.  For a violation of s. 787.01 or s. 787.02;
13         b.  For a violation of s. 794.011, excluding s.
14  794.011(10);
15         c.  For a violation of s. 800.04(4)(b) where the court
16  finds the offense involved a victim under 12 years of age or
17  sexual activity by the use of force or coercion;
18         d.  For a violation of s. 800.04(5)(b);
19         e.  For a violation of s. 800.04(5)c.2. where the court
20  finds the offense involved unclothed genitals or genital area;
21         f.  For any attempt or conspiracy to commit any such
22  offense; or
23         g.  For a violation of similar law of another
24  jurisdiction,; or
25         (b)  Who was 18 years of age or under at the time the
26  offense was committed and the victim was 12 years of age or
27  older and adjudication was withheld for that offense, who is
28  released from all sanctions, who has had 10 years elapse since
29  having been placed on probation, and who has not been arrested
30  for any felony or misdemeanor offense since the date of
31  conviction of the qualifying offense
                                  22
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 1  
 2  may petition the criminal division of the circuit court of the
 3  circuit in which the sexual offender resides for the purpose
 4  of removing the requirement for registration as a sexual
 5  offender.
 6         2.  The court may grant or deny such relief if the
 7  offender demonstrates to the court that he or she has not been
 8  arrested for any crime since release; the requested relief
 9  complies with the provisions of the federal Adam Walsh Child
10  Protection and Safety Act of 2006 Jacob Wetterling Act, as
11  amended, and any other federal standards applicable to the
12  removal of registration requirements for a sexual offender or
13  required to be met as a condition for the receipt of federal
14  funds by the state; and the court is otherwise satisfied that
15  the offender is not a current or potential threat to public
16  safety. The state attorney in the circuit in which the
17  petition is filed must be given notice of the petition at
18  least 3 weeks before the hearing on the matter. The state
19  attorney may present evidence in opposition to the requested
20  relief or may otherwise demonstrate the reasons why the
21  petition should be denied. If the court denies the petition,
22  the court may set a future date at which the sexual offender
23  may again petition the court for relief, subject to the
24  standards for relief provided in this subsection.
25         3.  The department shall remove an offender from
26  classification as a sexual offender for purposes of
27  registration if the offender provides to the department a
28  certified copy of the court's written findings or order that
29  indicates that the offender is no longer required to comply
30  with the requirements for registration as a sexual offender.
31  
                                  23
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 1         (b)(c)  As defined in sub-subparagraph (1)(a)1.b.
 2  subparagraph (1)(a)2. must maintain registration with the
 3  department for the duration of his or her life until the
 4  person provides the department with an order issued by the
 5  court that designated the person as a sexual predator, as a
 6  sexually violent predator, or by another sexual offender
 7  designation in the state or jurisdiction in which the order
 8  was issued which states that such designation has been removed
 9  or demonstrates to the department that such designation, if
10  not imposed by a court, has been removed by operation of law
11  or court order in the state or jurisdiction in which the
12  designation was made, and provided such person no longer meets
13  the criteria for registration as a sexual offender under the
14  laws of this state.
15         (14)(a)  A sexual offender must report in person each
16  year during the month of the sexual offender's birthday and
17  during the sixth month following the sexual offender's birth
18  month to the sheriff's office in the county in which he or she
19  resides or is otherwise located to reregister.
20         (b)  However, a sexual offender who is required to
21  register as a result of a conviction for:
22         1.  Section 787.01 or s. 787.02 where the victim is a
23  minor and the offender is not the victim's parent or guardian;
24         2.  Section 794.011, excluding s. 794.011(10);
25         3.  Section 800.04(4)(b) where the court finds the
26  offense involved a victim under 12 years of age or sexual
27  activity by the use of force or coercion;
28         4.  Section 800.04(5)(b);
29         5.  Section 800.04(5)(c)1. where the court finds
30  molestation involving unclothed genitals or genital area;
31  
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 1         6.  Section 800.04(5)c.2. where the court finds
 2  molestation involving unclothed genitals or genital area;
 3         7.  Section 800.04(5)(d) where the court finds the use
 4  of force or coercion and unclothed genitals or genital area;
 5         8.  Any attempt or conspiracy to commit such offense;
 6  or
 7         9.  A violation of a similar law of another
 8  jurisdiction,
 9  
10  must reregister each year during the month of the sexual
11  offender's birthday and every third month thereafter.
12         (c)  The sheriff's office may determine the appropriate
13  times and days for reporting by the sexual offender, which
14  shall be consistent with the reporting requirements of this
15  subsection paragraph. Reregistration shall include any changes
16  to the following information:
17         1.  Name; social security number; age; race; sex; date
18  of birth; height; weight; hair and eye color; address of any
19  permanent residence and address of any current temporary
20  residence, within the state or out of state, including a rural
21  route address and a post office box; date and place of any
22  employment; vehicle make, model, color, and license tag
23  number; fingerprints; and photograph. A post office box shall
24  not be provided in lieu of a physical residential address.
25         2.  If the sexual offender is enrolled, employed, or
26  carrying on a vocation at an institution of higher education
27  in this state, the sexual offender shall also provide to the
28  department the name, address, and county of each institution,
29  including each campus attended, and the sexual offender's
30  enrollment or employment status.
31  
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 1         3.  If the sexual offender's place of residence is a
 2  motor vehicle, trailer, mobile home, or manufactured home, as
 3  defined in chapter 320, the sexual offender shall also provide
 4  the vehicle identification number; the license tag number; the
 5  registration number; and a description, including color
 6  scheme, of the motor vehicle, trailer, mobile home, or
 7  manufactured home. If the sexual offender's place of residence
 8  is a vessel, live-aboard vessel, or houseboat, as defined in
 9  chapter 327, the sexual offender shall also provide the hull
10  identification number; the manufacturer's serial number; the
11  name of the vessel, live-aboard vessel, or houseboat; the
12  registration number; and a description, including color
13  scheme, of the vessel, live-aboard vessel or houseboat.
14         4.  Any sexual offender who fails to report in person
15  as required at the sheriff's office, or who fails to respond
16  to any address verification correspondence from the department
17  within 3 weeks of the date of the correspondence, commits a
18  felony of the third degree, punishable as provided in s.
19  775.082, s. 775.083, or s. 775.084.
20         (d)(b)  The sheriff's office shall, within 2 working
21  days, electronically submit and update all information
22  provided by the sexual offender to the department in a manner
23  prescribed by the department. This procedure shall be
24  implemented by December 1, 2005.
25         Section 3.  Section 943.04354, Florida Statutes, is
26  created to read:
27         943.04354  Removal of the requirement to register as a
28  sexual offender or sexual predator in special circumstances.--
29         (1)  For purposes of this section, a person shall be
30  considered for removal of the requirement to register as a
31  sexual offender or sexual predator only if the person:
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 1         (a)  Was or will be convicted or adjudicated delinquent
 2  of a violation of s. 794.011 or s. 800.04, or the person
 3  committed a violation of s. 794.011 or s. 800.04 for which
 4  adjudication of guilt was or will be withheld, and the person
 5  does not have any other conviction, adjudication of
 6  delinquency, or withhold of adjudication of guilt for a
 7  violation of s. 794.011 or s. 800.04;
 8         (b)  Is required to register as a sexual offender or
 9  sexual predator solely on the basis of this violation; and
10         (c)  Is not more than 4 years older than the victim of
11  this violation who was 14 years of age or older but not more
12  than 17 years of age at the time the person committed this
13  violation.
14         (2)  If a person meets the criteria in subsection (1)
15  and the violation of s. 794.011 or s. 800.04 was committed on
16  or after July 1, 2007, the person may move the court that will
17  sentence or dispose of this violation to remove the
18  requirement that the person register as a sexual offender or
19  sexual predator. The person must allege in the motion that he
20  or she meets the criteria in subsection (1) and that removal
21  of the registration requirement will not conflict with federal
22  law. The state attorney must be given notice of the motion at
23  least 21 days before the date of sentencing or disposition of
24  this violation, and may present evidence in opposition to the
25  requested relief or may otherwise demonstrate why the motion
26  should be denied. At sentencing or disposition of this
27  violation, the court shall rule on this motion and, if the
28  court determines the person meets the criteria in subsection
29  (1) and the removal of the registration requirement will not
30  conflict with federal law, it may grant the motion and order
31  the removal of the registration requirement. If the court
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 1  denies the motion, the person is not authorized under this
 2  section to petition for removal of the registration
 3  requirement.
 4         (3)(a)  This subsection applies to a person who:
 5         1.  Is not a person described in subsection (2) because
 6  the violation of s. 794.011 or s. 800.04 was not committed on
 7  or after July 1, 2007;
 8         2.  Is subject to registration as a sexual offender or
 9  sexual predator for a violation of s. 794.011 or s. 800.04;
10  and
11         3.  Meets the criteria in subsection (1).
12         (b)  A person may petition the court in which the
13  sentence or disposition for the violation of s. 794.011 or s.
14  800.04 occurred for removal of the requirement to register as
15  a sexual offender or sexual predator. The person must allege
16  in the petition that he or she meets the criteria in
17  subsection (1) and removal of the registration requirement
18  will not conflict with federal law. The state attorney must be
19  given notice of the petition at least 21 days before the
20  hearing on the petition and, may present evidence in
21  opposition to the requested relief or may otherwise
22  demonstrate why the petition should be denied. The court shall
23  rule on the petition and, if the court determines the person
24  meets the criteria in subsection (1) and removal of the
25  registration requirement will not conflict with federal law,
26  it may grant the petition and order the removal of the
27  registration requirement. If the court denies the petition,
28  the person is not authorized under this section to file any
29  further petition for removal of the registration requirement.
30         (4)  If a person provides to the Department of Law
31  Enforcement a certified copy of the court's order removing the
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 1  requirement that the person register as a sexual offender or
 2  sexual predator for the violation of s. 794.011 or s. 800.04,
 3  the registration requirement will not apply to the person and
 4  the department shall remove all information about the person
 5  from the public registry of sexual offenders and sexual
 6  predators maintained by the department. However, the removal
 7  of this information from the public registry does not mean
 8  that the public is denied access to information about the
 9  person's criminal history or record that is otherwise
10  available as a public record.
11         Section 4.  Section 943.44353, Florida Statutes, is
12  created to read:
13         943.44353  Automatic notification of registration
14  information regarding sexual predators and offenders.--
15         (1)  No later than January 1, 2008, the department
16  shall develop and maintain a system to provide automatic
17  notification of registration information regarding sexual
18  predators and sexual offenders to the public.
19         (2)  In accordance with the federal Adam Walsh Child
20  Protection and Safety Act of 2006, schools, public housing
21  agencies, agencies responsible for conducting
22  employment-related background checks under s. 3 of the
23  National Child Protection Act of 1993, 42 U.S.C. s. 5119a, as
24  amended, social service entities responsible for protecting
25  minors in the child welfare system, volunteer organizations in
26  which contact with minors or other vulnerable individuals
27  might occur, and any other such organization, company, or
28  individual shall have access to the notification system.
29         Section 5.  Subsection (3) is added to section
30  943.0515, Florida Statutes, to read:
31  
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 1         943.0515  Retention of criminal history records of
 2  minors.--
 3         (3)  Notwithstanding any other provision of this
 4  section, the Criminal Justice Information Program shall retain
 5  the criminal history record of a minor adjudicated delinquent
 6  for a violation committed on or after July 1, 2007, as
 7  provided in s. 943.0435(1)(a)1.d. Such records may not be
 8  destroyed and must be merged with the person's adult criminal
 9  history record and retained as a part of the person's adult
10  record.
11         Section 6.  Paragraph (b) of subsection (1) and
12  paragraph (a) of subsection (3) of section 944.606, Florida
13  Statutes, are amended to read:
14         944.606  Sexual offenders; notification upon release.--
15         (1)  As used in this section:
16         (b)  "Sexual offender" means a person who has been
17  convicted of committing, or attempting, soliciting, or
18  conspiring to commit, any of the criminal offenses proscribed
19  in the following statutes in this state or similar offenses in
20  another jurisdiction: s. 787.01, s. 787.02, or s.
21  787.025(2)(c), where the victim is a minor and the defendant
22  is not the victim's parent or guardian; s. 794.011 chapter
23  794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s.
24  796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
25  847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137;
26  s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
27  offense committed in this state which has been redesignated
28  from a former statute number to one of those listed in this
29  subsection, when the department has received verified
30  information regarding such conviction; an offender's
31  
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 1  computerized criminal history record is not, in and of itself,
 2  verified information.
 3         (3)(a)  The department must provide information
 4  regarding any sexual offender who is being released after
 5  serving a period of incarceration for any offense, as follows:
 6         1.  The department must provide: the sexual offender's
 7  name, any change in the offender's name by reason of marriage
 8  or other legal process, and any alias, if known; the
 9  correctional facility from which the sexual offender is
10  released; the sexual offender's social security number, race,
11  sex, date of birth, height, weight, and hair and eye color;
12  date and county of sentence and each crime for which the
13  offender was sentenced; a copy of the offender's fingerprints
14  and a digitized photograph taken within 60 days before
15  release; the date of release of the sexual offender; and the
16  offender's intended residence address, if known. The
17  department shall notify the Department of Law Enforcement if
18  the sexual offender escapes, absconds, or dies. If the sexual
19  offender is in the custody of a private correctional facility,
20  the facility shall take the digitized photograph of the sexual
21  offender within 60 days before the sexual offender's release
22  and provide this photograph to the Department of Corrections
23  and also place it in the sexual offender's file. If the sexual
24  offender is in the custody of a local jail, the custodian of
25  the local jail shall register the offender within 3 business
26  days after intake of the offender for any reason and upon
27  release, and shall notify the Department of Law Enforcement of
28  the sexual offender's release and provide to the Department of
29  Law Enforcement the information specified in this paragraph
30  and any information specified in subparagraph 2. that the
31  Department of Law Enforcement requests.
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 1         2.  The department may provide any other information
 2  deemed necessary, including criminal and corrections records,
 3  nonprivileged personnel and treatment records, when available.
 4         Section 7.  Paragraph (a) of subsection (1) and
 5  subsections (4), (7), (11), and (13) of section 944.607,
 6  Florida Statutes, are amended to read:
 7         944.607  Notification to Department of Law Enforcement
 8  of information on sexual offenders.--
 9         (1)  As used in this section, the term:
10         (a)  "Sexual offender" means a person who is in the
11  custody or control of, or under the supervision of, the
12  department or is in the custody of a private correctional
13  facility:
14         1.  On or after October 1, 1997, as a result of a
15  conviction for committing, or attempting, soliciting, or
16  conspiring to commit, any of the criminal offenses proscribed
17  in the following statutes in this state or similar offenses in
18  another jurisdiction: s. 787.01, s. 787.02, or s.
19  787.025(2)(c), where the victim is a minor and the defendant
20  is not the victim's parent or guardian; s. 794.011 chapter
21  794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s.
22  796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
23  847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137;
24  s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
25  offense committed in this state which has been redesignated
26  from a former statute number to one of those listed in this
27  paragraph; or
28         2.  Who establishes or maintains a residence in this
29  state and who has not been designated as a sexual predator by
30  a court of this state but who has been designated as a sexual
31  predator, as a sexually violent predator, or by another sexual
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 1  offender designation in another state or jurisdiction and was,
 2  as a result of such designation, subjected to registration or
 3  community or public notification, or both, or would be if the
 4  person were a resident of that state or jurisdiction, without
 5  regard as to whether the person otherwise meets the criteria
 6  for registration as a sexual offender.
 7         (4)  A sexual offender, as described in this section,
 8  who is under the supervision of the Department of Corrections
 9  but is not incarcerated must register with the Department of
10  Corrections within 3 business days after sentencing for a
11  registerable offense and otherwise provide information as
12  required by this subsection.
13         (a)  The sexual offender shall provide his or her name;
14  date of birth; social security number; race; sex; height;
15  weight; hair and eye color; tattoos or other identifying
16  marks; and permanent or legal residence and address of
17  temporary residence within the state or out of state while the
18  sexual offender is under supervision in this state, including
19  any rural route address or post office box. The Department of
20  Corrections shall verify the address of each sexual offender
21  in the manner described in ss. 775.21 and 943.0435. The
22  department shall report to the Department of Law Enforcement
23  any failure by a sexual predator or sexual offender to comply
24  with registration requirements.
25         (b)  If the sexual offender is enrolled, employed, or
26  carrying on a vocation at an institution of higher education
27  in this state, the sexual offender shall provide the name,
28  address, and county of each institution, including each campus
29  attended, and the sexual offender's enrollment or employment
30  status. Each change in enrollment or employment status shall
31  be reported to the department within 48 hours after the change
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 1  in status. The Department of Corrections shall promptly notify
 2  each institution of the sexual offender's presence and any
 3  change in the sexual offender's enrollment or employment
 4  status.
 5         (7)  If the sexual offender is in the custody of a
 6  local jail, the custodian of the local jail shall register the
 7  offender within 3 business days after intake of the offender
 8  for any reason and upon release, and shall forward the
 9  information to the Department of Law Enforcement. The
10  custodian of the local jail shall also take a digitized
11  photograph of the sexual offender while the offender remains
12  in custody and shall provide the digitized photograph to the
13  Department of Law Enforcement.
14         (11)  The department, the Department of Highway Safety
15  and Motor Vehicles, the Department of Law Enforcement, the
16  Department of Corrections, the Department of Juvenile Justice,
17  personnel of those departments, and any individual or entity
18  acting at the request or upon the direction of those
19  departments are immune from civil liability for damages for
20  good faith compliance with this section, and shall be presumed
21  to have acted in good faith in compiling, recording,
22  reporting, or providing information. The presumption of good
23  faith is not overcome if technical or clerical errors are made
24  by the department, the Department of Highway Safety and Motor
25  Vehicles, the Department of Law Enforcement, the Department of
26  Juvenile Justice, personnel of those departments, or any
27  individual or entity acting at the request or upon the
28  direction of those departments in compiling, recording,
29  reporting, or providing information, or, if the information is
30  incomplete or incorrect because the information has not been
31  provided by a person or agency required to provide the
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 1  information, or because the information was not reported or
 2  was falsely reported.
 3         (13)(a)  A sexual offender must report in person each
 4  year during the month of the sexual offender's birthday and
 5  during the sixth month following the sexual offender's birth
 6  month to the sheriff's office in the county in which he or she
 7  resides or is otherwise located to reregister.
 8         (b)  However, a sexual offender who is required to
 9  register as a result of a conviction for:
10         1.  Section 787.01 or s. 787.02 where the victim is a
11  minor and the offender is not the victim's parent or guardian;
12         2.  Section 794.011, excluding s. 794.011(10);
13         3.  Section 800.04(4)(b) where the victim is under 12
14  years of age or where the court finds sexual activity by the
15  use of force or coercion;
16         4.  Section 800.04(5)(b);
17         5.  Section 800.04(5)(c)1. where the court finds
18  molestation involving unclothed genitals or genital area;
19         6.  Section 800.04(5)c.2. where the court finds
20  molestation involving unclothed genitals or genital area;
21         7.  Section 800.04(5)(d) where the court finds the use
22  of force or coercion and unclothed genitals or genital area;
23         8.  Any attempt or conspiracy to commit such offense;
24  or
25         9.  A violation of a similar law of another
26  jurisdiction,
27  
28  must reregister each year during the month of the sexual
29  offender's birthday and every third month thereafter.
30         (c)  The sheriff's office may determine the appropriate
31  times and days for reporting by the sexual offender, which
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 1  shall be consistent with the reporting requirements of this
 2  subsection paragraph. Reregistration shall include any changes
 3  to the following information:
 4         1.  Name; social security number; age; race; sex; date
 5  of birth; height; weight; hair and eye color; address of any
 6  permanent residence and address of any current temporary
 7  residence, within the state or out of state, including a rural
 8  route address and a post office box; date and place of any
 9  employment; vehicle make, model, color, and license tag
10  number; fingerprints; and photograph. A post office box shall
11  not be provided in lieu of a physical residential address.
12         2.  If the sexual offender is enrolled, employed, or
13  carrying on a vocation at an institution of higher education
14  in this state, the sexual offender shall also provide to the
15  department the name, address, and county of each institution,
16  including each campus attended, and the sexual offender's
17  enrollment or employment status.
18         3.  If the sexual offender's place of residence is a
19  motor vehicle, trailer, mobile home, or manufactured home, as
20  defined in chapter 320, the sexual offender shall also provide
21  the vehicle identification number; the license tag number; the
22  registration number; and a description, including color
23  scheme, of the motor vehicle, trailer, mobile home, or
24  manufactured home. If the sexual offender's place of residence
25  is a vessel, live-aboard vessel, or houseboat, as defined in
26  chapter 327, the sexual offender shall also provide the hull
27  identification number; the manufacturer's serial number; the
28  name of the vessel, live-aboard vessel, or houseboat; the
29  registration number; and a description, including color
30  scheme, of the vessel, live-aboard vessel or houseboat.
31  
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 1         4.  Any sexual offender who fails to report in person
 2  as required at the sheriff's office, or who fails to respond
 3  to any address verification correspondence from the department
 4  within 3 weeks of the date of the correspondence, commits a
 5  felony of the third degree, punishable as provided in s.
 6  775.082, s. 775.083, or s. 775.084.
 7         (d)(b)  The sheriff's office shall, within 2 working
 8  days, electronically submit and update all information
 9  provided by the sexual offender to the Florida Department of
10  Law Enforcement in a manner prescribed by the Florida
11  Department of Law Enforcement. This procedure shall be
12  implemented by December 1, 2005.
13         Section 8.  Subsection (9) of section 947.005, Florida
14  Statutes, is amended to read:
15         947.005  Definitions.--As used in this chapter, unless
16  the context clearly indicates otherwise:
17         (9)  "Qualified practitioner" means a psychiatrist
18  licensed under chapter 458 or chapter 459, a psychologist
19  licensed under chapter 490, or a social worker, a mental
20  health counselor, or a marriage and family therapist licensed
21  under chapter 491 who practices in accordance with his or her
22  respective practice act, as determined by rule of the
23  respective boards, has the coursework, training,
24  qualifications, and experience to evaluate and treat sex
25  offenders.
26         Section 9.  Subsection (6) of section 948.001, Florida
27  Statutes, is amended to read:
28         948.001  Definitions.--As used in this chapter, the
29  term:
30         (6)  "Qualified practitioner" means a psychiatrist
31  licensed under chapter 458 or chapter 459, a psychologist
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 1  licensed under chapter 490, or a social worker, a mental
 2  health counselor, or a marriage and family therapist licensed
 3  under chapter 491 who practices in accordance with his or her
 4  respective practice act, as determined by rule of the
 5  respective boards, has the coursework, training,
 6  qualifications, and experience to evaluate and treat sex
 7  offenders.
 8         Section 10.  Subsection (6) of section 985.04, Florida
 9  Statutes, is amended to read:
10         985.04  Oaths; records; confidential information.--
11         (6)(a)  Records maintained by the department, including
12  copies of records maintained by the court, which pertain to a
13  child found to have committed a delinquent act which, if
14  committed by an adult, would be a crime specified in ss.
15  435.03 and 435.04 may not be destroyed under this section for
16  a period of 25 years after the youth's final referral to the
17  department, except in cases of the death of the child. Such
18  records, however, shall be sealed by the court for use only in
19  meeting the screening requirements for personnel in s.
20  402.3055 and the other sections cited above, or under
21  departmental rule; however, current criminal history
22  information must be obtained from the Department of Law
23  Enforcement in accordance with s. 943.053. The information
24  shall be released to those persons specified in the above
25  cited sections for the purposes of complying with those
26  sections. The court may punish by contempt any person who
27  releases or uses the records for any unauthorized purpose.
28         (b)  Sexual offender and predator registration
29  information as required in ss. 775.21, 943.0435, 944.606,
30  944.607, 985.481, and 985.4815 is a public record pursuant to
31  s. 119.07(1) and as otherwise provided by law.
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 1         Section 11.  Subsection (2) of section 985.045, Florida
 2  Statutes, is amended to read:
 3         985.045  Court records.--
 4         (2)  The clerk shall keep all official records required
 5  by this section separate from other records of the circuit
 6  court, except those records pertaining to motor vehicle
 7  violations, which shall be forwarded to the Department of
 8  Highway Safety and Motor Vehicles. Except as provided in ss.
 9  943.053, 985.04(6)(b), and 985.04(7), official records
10  required by this chapter are not open to inspection by the
11  public, but may be inspected only upon order of the court by
12  persons deemed by the court to have a proper interest therein,
13  except that a child and the parents, guardians, or legal
14  custodians of the child and their attorneys, law enforcement
15  agencies, the Department of Juvenile Justice and its
16  designees, the Parole Commission, the Department of
17  Corrections, and the Justice Administrative Commission shall
18  always have the right to inspect and copy any official record
19  pertaining to the child. The court may permit authorized
20  representatives of recognized organizations compiling
21  statistics for proper purposes to inspect, and make abstracts
22  from, official records under whatever conditions upon the use
23  and disposition of such records the court may deem proper and
24  may punish by contempt proceedings any violation of those
25  conditions.
26         Section 12.  Section 985.481, Florida Statutes, is
27  created to read:
28         985.481  Sexual offenders adjudicated delinquent;
29  notification upon release.--
30         (1)  As used in this section:
31  
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 1         (a)  "Convicted"  has the same meaning as provided in
 2  s. 943.0435.
 3         (b)  "Sexual offender" means a person who has been
 4  adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
 5         (2)  The Legislature finds that certain juvenile sexual
 6  offenders pose a high risk of engaging in sexual offenses even
 7  after being released from commitment and that protection of
 8  the public from sexual offenders is a paramount governmental
 9  interest. Sexual offenders have a reduced expectation of
10  privacy because of the public's interest in public safety and
11  in the effective operation of government. Releasing sexual
12  offender information to law enforcement agencies, to persons
13  who request such information, and to the public by a law
14  enforcement agency or public agency will further the
15  governmental interests of public safety.
16         (3)(a)  The department must provide information
17  regarding any sexual offender who is being released after
18  serving a period of residential commitment under the
19  department for any offense, as follows:
20         1.  The department must provide the sexual offender's
21  name, any change in the offender's name by reason of marriage
22  or other legal process, and any alias, if known; the
23  correctional facility from which the sexual offender is
24  released; the sexual offender's social security number, race,
25  sex, date of birth, height, weight, and hair and eye color;
26  date and county of disposition and each crime for which there
27  was a disposition; a copy of the offender's fingerprints and a
28  digitized photograph taken within 60 days before release; the
29  date of release of the sexual offender; and the offender's
30  intended residence address, if known. The department shall
31  notify the Department of Law Enforcement if the sexual
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 1  offender escapes, absconds, or dies. If the sexual offender is
 2  in the custody of a private correctional facility, the
 3  facility shall take the digitized photograph of the sexual
 4  offender within 60 days before the sexual offender's release
 5  and also place it in the sexual offender's file. If the sexual
 6  offender is in the custody of a local jail, the custodian of
 7  the local jail shall register the offender within 3 business
 8  days after intake of the offender for any reason and upon
 9  release, and shall notify the Department of Law Enforcement of
10  the sexual offender's release and provide to the Department of
11  Law Enforcement the information specified in this subparagraph
12  and any information specified in subparagraph 2. which the
13  Department of Law Enforcement requests.
14         2.  The department may provide any other information
15  considered necessary, including criminal and delinquency
16  records, when available.
17         (b)  No later than November 1, 2007, the department
18  must make the information described in subparagraph (a)1.
19  available electronically to the Department of Law Enforcement
20  in its database and in a format that is compatible with the
21  requirements of the Florida Crime Information Center.
22         (c)  Upon receiving information regarding a sexual
23  offender from the department, the Department of Law
24  Enforcement, the sheriff, or the chief of police shall provide
25  the information described in subparagraph (a)1. to any
26  individual who requests such information and may release the
27  information to the public in any manner considered
28  appropriate, unless the information so received is
29  confidential or exempt from s. 119.07(1) and s. 24(a), Art. I
30  of the State Constitution.
31  
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 1         (4)  This section authorizes the department or any law
 2  enforcement agency to notify the community and the public of a
 3  sexual offender's presence in the community. However, with
 4  respect to a sexual offender who has been found to be a sexual
 5  predator under chapter 775, the Department of Law Enforcement
 6  or any other law enforcement agency must inform the community
 7  and the public of the sexual predator's presence in the
 8  community as provided in chapter 775.
 9         (5)  An elected or appointed official, public employee,
10  school administrator or employee, or agency, or any individual
11  or entity acting at the request or upon the direction of any
12  law enforcement agency, is immune from civil liability for
13  damages resulting from the release of information under this
14  section.
15         Section 13.  Section 985.4815, Florida Statutes, is
16  created to read:
17         985.4815  Notification to Department of Law Enforcement
18  of information on juvenile sexual offenders.--
19         (1)  As used in this section, the term:
20         (a)  "Change in enrollment or employment status" means
21  the commencement or termination of enrollment or employment or
22  a change in location of enrollment or employment.
23         (b)  "Conviction" has the same meaning as provided in
24  s. 943.0435.
25         (c)  "Institution of higher education" means a career
26  center, community college, college, state university, or
27  independent postsecondary institution.
28         (d)  "Sexual offender" means a person who is in the
29  care or custody or under the jurisdiction or supervision of
30  the department or is in the custody of a private correctional
31  facility and who:
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 1         1.  Has been adjudicated delinquent as provided in s.
 2  943.0435(1)(a)1.d.; or
 3         2.  Establishes or maintains a residence in this state
 4  and has not been designated as a sexual predator by a court of
 5  this state but has been designated as a sexual predator, as a
 6  sexually violent predator, or by another sexual offender
 7  designation in another state or jurisdiction and was, as a
 8  result of such designation, subjected to registration or
 9  community or public notification, or both, or would be if the
10  person were a resident of that state or jurisdiction, without
11  regard to whether the person otherwise meets the criteria for
12  registration as a sexual offender.
13         (2)  The clerk of the court that adjudicated and
14  entered a disposition regarding the sexual offender for the
15  offense or offenses for which he or she was convicted shall
16  forward to the department and the Department of Law
17  Enforcement a certified copy of any order entered by the court
18  imposing any special condition or restriction on the sexual
19  offender which restricts or prohibits access to the victim, if
20  the victim is a minor, or to other minors. The Department of
21  Law Enforcement may include on its Internet website such
22  special conditions or restrictions.
23         (3)  If a sexual offender is not sentenced to a term of
24  residential commitment, the clerk of the court shall ensure
25  that the sexual offender's fingerprints are taken and
26  forwarded to the Department of Law Enforcement within 48 hours
27  after the court sentences the offender. The fingerprint card
28  shall be clearly marked "Sexual Offender Registration Card."
29         (4)  A sexual offender, as described in this section,
30  who is under the supervision of the department but who is not
31  committed must register with the department within 3 business
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 1  days after adjudication and disposition for a registerable
 2  offense and otherwise provide information as required by this
 3  subsection.
 4         (a)  The sexual offender shall provide his or her name;
 5  date of birth; social security number; race; sex; height;
 6  weight; hair and eye color; tattoos or other identifying
 7  marks; and permanent or legal residence and address of
 8  temporary residence within the state or out of state while the
 9  sexual offender is in the care or custody or under the
10  jurisdiction or supervision of the department in this state,
11  including any rural route address or post office box, and the
12  name and address of each school attended. The department shall
13  verify the address of each sexual offender and shall report to
14  the Department of Law Enforcement any failure by a sexual
15  offender to comply with registration requirements.
16         (b)  If the sexual offender is enrolled, employed, or
17  carrying on a vocation at an institution of higher education
18  in this state, the sexual offender shall provide the name,
19  address, and county of each institution, including each campus
20  attended, and the sexual offender's enrollment or employment
21  status. Each change in enrollment or employment status shall
22  be reported to the department within 48 hours after the change
23  in status. The department shall promptly notify each
24  institution of the sexual offender's presence and any change
25  in the sexual offender's enrollment or employment status.
26         (5)  In addition to notification and transmittal
27  requirements imposed by any other provision of law, the
28  department shall compile information on any sexual offender
29  and provide the information to the Department of Law
30  Enforcement. No later than November 1, 2007, the department
31  must make the information available electronically to the
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 1  Department of Law Enforcement in its database in a format that
 2  is compatible with the requirements of the Florida Crime
 3  Information Center.
 4         (6)(a)  The information provided to the Department of
 5  Law Enforcement must include the following:
 6         1.  The information obtained from the sexual offender
 7  under subsection (4).
 8         2.  The sexual offender's most current address and
 9  place of permanent or temporary residence within the state or
10  out of state while the sexual offender is in the care or
11  custody or under the jurisdiction or supervision of the
12  department in this state, including the name of the county or
13  municipality in which the offender permanently or temporarily
14  resides and, if known, the intended place of permanent or
15  temporary residence upon satisfaction of all sanctions.
16         3.  The legal status of the sexual offender and the
17  scheduled termination date of that legal status.
18         4.  The location of, and local telephone number for,
19  any department office that is responsible for supervising the
20  sexual offender.
21         5.  An indication of whether the victim of the offense
22  that resulted in the offender's status as a sexual offender
23  was a minor.
24         6.  The offense or offenses at adjudication and
25  disposition that resulted in the determination of the
26  offender's status as a sex offender.
27         7.  A digitized photograph of the sexual offender,
28  which must have been taken within 60 days before the offender
29  was released from the custody of the department or a private
30  correctional facility by expiration of sentence under s.
31  944.275, or within 60 days after the onset of the department's
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 1  supervision of any sexual offender who is on probation,
 2  postcommitment probation, residential commitment,
 3  nonresidential commitment, licensed child-caring commitment,
 4  community control, conditional release, parole, provisional
 5  release, or control release or who is supervised by the
 6  department under the Interstate Compact Agreement for
 7  Probationers and Parolees. If the sexual offender is in the
 8  custody of a private correctional facility, the facility shall
 9  take a digitized photograph of the sexual offender within the
10  time period provided in this subparagraph and shall provide
11  the photograph to the department.
12         (b)  If any information provided by the department
13  changes during the time the sexual offender is under the
14  department's care, control, custody, or supervision, including
15  any change in the offender's name by reason of marriage or
16  other legal process, the department shall, in a timely manner,
17  update the information and provide it to the Department of Law
18  Enforcement in the manner prescribed in subsection (5).
19         (7)  If the sexual offender is in the custody of a
20  local jail, the custodian of the local jail shall register the
21  offender within 3 business days after intake of the offender
22  for any reason and upon release, and shall forward the
23  information to the Department of Law Enforcement. The
24  custodian of the local jail shall also take a digitized
25  photograph of the sexual offender while the offender remains
26  in custody and shall provide the digitized photograph to the
27  Department of Law Enforcement.
28         (8)  If the sexual offender is under federal
29  supervision, the federal agency responsible for supervising
30  the sexual offender may forward to the Department of Law
31  Enforcement any information regarding the sexual offender
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 1  which is consistent with the information provided by the
 2  department under this section and may indicate whether use of
 3  the information is restricted to law enforcement purposes only
 4  or may be used by the Department of Law Enforcement for
 5  purposes of public notification.
 6         (9)  A sexual offender, as described in this section,
 7  who is under the care, jurisdiction, or supervision of the
 8  department but who is not incarcerated shall, in addition to
 9  the registration requirements provided in subsection (4),
10  register in the manner provided in s. 943.0435(3), (4), and
11  (5), unless the sexual offender is a sexual predator, in which
12  case he or she shall register as required under s. 775.21. A
13  sexual offender who fails to comply with the requirements of
14  s. 943.0435 is subject to the penalties provided in s.
15  943.0435(9).
16         (10)(a)  The failure of a sexual offender to submit to
17  the taking of a digitized photograph, or to otherwise comply
18  with the requirements of this section, is a felony of the
19  third degree, punishable as provided in s. 775.082, s.
20  775.083, or s. 775.084.
21         (b)  A sexual offender who commits any act or omission
22  in violation of this section may be prosecuted for the act or
23  omission in the county in which the act or omission was
24  committed, the county of the last registered address of the
25  sexual offender, or the county in which the adjudication and
26  disposition occurred for the offense or offenses that meet the
27  criteria for designating a person as a sexual offender.
28         (c)  An arrest on charges of failure to register when
29  the offender has been provided and advised of his or her
30  statutory obligations to register under s. 943.0435(2), the
31  service of an information or a complaint for a violation of
                                  47
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    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  this section, or an arraignment on charges for a violation of
 2  this section constitutes actual notice of the duty to
 3  register. A sexual offender's failure to immediately register
 4  as required by this section following such arrest, service, or
 5  arraignment constitutes grounds for a subsequent charge of
 6  failure to register. A sexual offender charged with the crime
 7  of failure to register who asserts, or intends to assert, a
 8  lack of notice of the duty to register as a defense to a
 9  charge of failure to register shall immediately register as
10  required by this section. A sexual offender who is charged
11  with a subsequent failure to register may not assert the
12  defense of a lack of notice of the duty to register.
13         (d)  Registration following such arrest, service, or
14  arraignment is not a defense and does not relieve the sexual
15  offender of criminal liability for the failure to register.
16         (11)  The department, the Department of Highway Safety
17  and Motor Vehicles, the Department of Law Enforcement, the
18  Department of Corrections, personnel of those departments, and
19  any individual or entity acting at the request or upon the
20  direction of those departments are immune from civil liability
21  for damages for good faith compliance with this section and
22  shall be presumed to have acted in good faith in compiling,
23  recording, reporting, or providing information. The
24  presumption of good faith is not overcome if technical or
25  clerical errors are made by the department, the Department of
26  Highway Safety and Motor Vehicles, the Department of Law
27  Enforcement, the Department of Corrections, personnel of those
28  departments, or any individual or entity acting at the request
29  or upon the direction of those departments in compiling,
30  recording, reporting, or providing information, or, if the
31  information is incomplete or incorrect because the information
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 1  has not been provided by a person or agency required to
 2  provide it, was not reported, or was falsely reported.
 3         (12)  Any person who has reason to believe that a
 4  sexual offender is not complying, or has not complied, with
 5  the requirements of this section and who, with the intent to
 6  assist the sexual offender in eluding a law enforcement agency
 7  that is seeking to find the sexual offender to question the
 8  sexual offender about, or to arrest the sexual offender for,
 9  his or her noncompliance with the requirements of this
10  section:
11         (a)  Withholds information from, or does not notify,
12  the law enforcement agency about the sexual offender's
13  noncompliance with the requirements of this section and, if
14  known, the whereabouts of the sexual offender;
15         (b)  Harbors, attempts to harbor, or assists another
16  person in harboring or attempting to harbor the sexual
17  offender;
18         (c)  Conceals, attempts to conceal, or assists another
19  person in concealing or attempting to conceal the sexual
20  offender; or
21         (d)  Provides information to the law enforcement agency
22  regarding the sexual offender that the person knows to be
23  false
24  
25  commits a felony of the third degree, punishable as provided
26  in s. 775.082, s. 775.083, or s. 775.084. This subsection does
27  not apply if the sexual offender is incarcerated in or is in
28  the custody of a state correctional facility, a private
29  correctional facility, a local jail, or a federal correctional
30  facility.
31  
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 1         (13)(a)  A sexual offender must report in person each
 2  year during the month of the sexual offender's birthday and
 3  during every third month thereafter to the sheriff's office in
 4  the county in which he or she resides or is otherwise located
 5  to reregister.
 6         (b)  The sheriff's office may determine the appropriate
 7  times and days for reporting by the sexual offender, which
 8  shall be consistent with the reporting requirements of this
 9  subsection. Reregistration shall include any changes to the
10  following information:
11         1.  Name; social security number; age; race; sex; date
12  of birth; height; weight; hair and eye color; address of any
13  permanent residence and address of any current temporary
14  residence, within the state or out of state, including a rural
15  route address and a post office box; name and address of each
16  school attended; date and place of any employment; vehicle
17  make, model, color, and license tag number; fingerprints; and
18  photograph. A post office box shall not be provided in lieu of
19  a physical residential address.
20         2.  If the sexual offender is enrolled, employed, or
21  carrying on a vocation at an institution of higher education
22  in this state, the sexual offender shall also provide to the
23  department the name, address, and county of each institution,
24  including each campus attended, and the sexual offender's
25  enrollment or employment status.
26         3.  If the sexual offender's place of residence is a
27  motor vehicle, trailer, mobile home, or manufactured home, as
28  defined in chapter 320, the sexual offender shall also provide
29  the vehicle identification number; the license tag number; the
30  registration number; and a description, including color
31  scheme, of the motor vehicle, trailer, mobile home, or
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 1  manufactured home. If the sexual offender's place of residence
 2  is a vessel, live-aboard vessel, or houseboat, as defined in
 3  chapter 327, the sexual offender shall also provide the hull
 4  identification number; the manufacturer's serial number; the
 5  name of the vessel, live-aboard vessel, or houseboat; the
 6  registration number; and a description, including color
 7  scheme, of the vessel, live-aboard vessel, or houseboat.
 8         4.  Any sexual offender who fails to report in person
 9  as required at the sheriff's office, or who fails to respond
10  to any address verification correspondence from the department
11  within 3 weeks after the date of the correspondence, commits a
12  felony of the third degree, punishable as provided in s.
13  775.082, s. 775.083, and s. 775.084.
14         (c)  The sheriff's office shall, within 2 working days,
15  electronically submit and update all information provided by
16  the sexual offender to the Department of Law Enforcement in a
17  manner prescribed by that department.
18         Section 14.  Paragraph (g) of subsection (3) of section
19  921.0022, Florida Statutes, is amended to read:
20         921.0022  Criminal Punishment Code; offense severity
21  ranking chart.--
22         (3)  OFFENSE SEVERITY RANKING CHART
23  
24  Florida           Felony
25  Statute           Degree             Description
26  
27                     
28                              (g)  LEVEL 7
29  316.027(1)(b)      1st      Accident involving death, failure
30                              to stop; leaving scene.
31  
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 1  316.193(3)(c)2.    3rd      DUI resulting in serious bodily
 2                              injury.
 3  316.1935(3)(b)     1st      Causing serious bodily injury or
 4                              death to another person; driving
 5                              at high speed or with wanton
 6                              disregard for safety while
 7                              fleeing or attempting to elude
 8                              law enforcement officer who is in
 9                              a patrol vehicle with siren and
10                              lights activated.
11  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious
12                              bodily injury.
13  402.319(2)         2nd      Misrepresentation and negligence
14                              or intentional act resulting in
15                              great bodily harm, permanent
16                              disfiguration, permanent
17                              disability, or death.
18  409.920(2)         3rd      Medicaid provider fraud.
19  456.065(2)         3rd      Practicing a health care
20                              profession without a license.
21  456.065(2)         2nd      Practicing a health care
22                              profession without a license
23                              which results in serious bodily
24                              injury.
25  458.327(1)         3rd      Practicing medicine without a
26                              license.
27  459.013(1)         3rd      Practicing osteopathic medicine
28                              without a license.
29  460.411(1)         3rd      Practicing chiropractic medicine
30                              without a license.
31  
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 1  461.012(1)         3rd      Practicing podiatric medicine
 2                              without a license.
 3  462.17             3rd      Practicing naturopathy without a
 4                              license.
 5  463.015(1)         3rd      Practicing optometry without a
 6                              license.
 7  464.016(1)         3rd      Practicing nursing without a
 8                              license.
 9  465.015(2)         3rd      Practicing pharmacy without a
10                              license.
11  466.026(1)         3rd      Practicing dentistry or dental
12                              hygiene without a license.
13  467.201            3rd      Practicing midwifery without a
14                              license.
15  468.366            3rd      Delivering respiratory care
16                              services without a license.
17  483.828(1)         3rd      Practicing as clinical laboratory
18                              personnel without a license.
19  483.901(9)         3rd      Practicing medical physics
20                              without a license.
21  484.013(1)(c)      3rd      Preparing or dispensing optical
22                              devices without a prescription.
23  484.053            3rd      Dispensing hearing aids without a
24                              license.
25  494.0018(2)        1st      Conviction of any violation of
26                              ss. 494.001-494.0077 in which the
27                              total money and property
28                              unlawfully obtained exceeded
29                              $50,000 and there were five or
30                              more victims.
31  
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    ENROLLED
    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  560.123(8)(b)1.    3rd      Failure to report currency or
 2                              payment instruments exceeding
 3                              $300 but less than $20,000 by
 4                              money transmitter.
 5  560.125(5)(a)      3rd      Money transmitter business by
 6                              unauthorized person, currency or
 7                              payment instruments exceeding
 8                              $300 but less than $20,000.
 9  655.50(10)(b)1.    3rd      Failure to report financial
10                              transactions exceeding $300 but
11                              less than $20,000 by financial
12                              institution.
13  775.21(10)(a)      3rd      Sexual predator; failure to
14                              register; failure to renew
15                              driver's license or
16                              identification card; other
17                              registration violations.
18  775.21(10)(b)      3rd      Sexual predator working where
19                              children regularly congregate.
20  775.21(10)(g)      3rd      Failure to report or providing
21                              false information about a sexual
22                              predator; harbor or conceal a
23                              sexual predator.
24  782.051(3)         2nd      Attempted felony murder of a
25                              person by a person other than the
26                              perpetrator or the perpetrator of
27                              an attempted felony.
28  782.07(1)          2nd      Killing of a human being by the
29                              act, procurement, or culpable
30                              negligence of another
31                              (manslaughter).
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 1  782.071            2nd      Killing of human being or viable
 2                              fetus by the operation of a motor
 3                              vehicle in a reckless manner
 4                              (vehicular homicide).
 5  782.072            2nd      Killing of a human being by the
 6                              operation of a vessel in a
 7                              reckless manner (vessel
 8                              homicide).
 9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally
10                              causing great bodily harm or
11                              disfigurement.
12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly
13                              weapon.
14  784.045(1)(b)      2nd      Aggravated battery; perpetrator
15                              aware victim pregnant.
16  784.048(4)         3rd      Aggravated stalking; violation of
17                              injunction or court order.
18  784.048(7)         3rd      Aggravated stalking; violation of
19                              court order.
20  784.07(2)(d)       1st      Aggravated battery on law
21                              enforcement officer.
22  784.074(1)(a)      1st      Aggravated battery on sexually
23                              violent predators facility staff.
24  784.08(2)(a)       1st      Aggravated battery on a person 65
25                              years of age or older.
26  784.081(1)         1st      Aggravated battery on specified
27                              official or employee.
28  784.082(1)         1st      Aggravated battery by detained
29                              person on visitor or other
30                              detainee.
31  
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    ENROLLED
    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  784.083(1)         1st      Aggravated battery on code
 2                              inspector.
 3  790.07(4)          1st      Specified weapons violation
 4                              subsequent to previous conviction
 5                              of s. 790.07(1) or (2).
 6  790.16(1)          1st      Discharge of a machine gun under
 7                              specified circumstances.
 8  790.165(2)         2nd      Manufacture, sell, possess, or
 9                              deliver hoax bomb.
10  790.165(3)         2nd      Possessing, displaying, or
11                              threatening to use any hoax bomb
12                              while committing or attempting to
13                              commit a felony.
14  790.166(3)         2nd      Possessing, selling, using, or
15                              attempting to use a hoax weapon
16                              of mass destruction.
17  790.166(4)         2nd      Possessing, displaying, or
18                              threatening to use a hoax weapon
19                              of mass destruction while
20                              committing or attempting to
21                              commit a felony.
22  796.03             2nd      Procuring any person under 16
23                              years for prostitution.
24  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;
25                              victim less than 12 years of age;
26                              offender less than 18 years.
27  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;
28                              victim 12 years of age or older
29                              but less than 16 years; offender
30                              18 years or older.
31  
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    ENROLLED
    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  806.01(2)          2nd      Maliciously damage structure by
 2                              fire or explosive.
 3  810.02(3)(a)       2nd      Burglary of occupied dwelling;
 4                              unarmed; no assault or battery.
 5  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;
 6                              unarmed; no assault or battery.
 7  810.02(3)(d)       2nd      Burglary of occupied conveyance;
 8                              unarmed; no assault or battery.
 9  812.014(2)(a)1.    1st      Property stolen, valued at
10                              $100,000 or more or a semitrailer
11                              deployed by a law enforcement
12                              officer; property stolen while
13                              causing other property damage;
14                              1st degree grand theft.
15  812.014(2)(b)2.    2nd      Property stolen, cargo valued at
16                              less than $50,000, grand theft in
17                              2nd degree.
18  812.014(2)(b)3.    2nd      Property stolen, emergency
19                              medical equipment; 2nd degree
20                              grand theft.
21  812.0145(2)(a)     1st      Theft from person 65 years of age
22                              or older; $50,000 or more.
23  812.019(2)         1st      Stolen property; initiates,
24                              organizes, plans, etc., the theft
25                              of property and traffics in
26                              stolen property.
27  812.131(2)(a)      2nd      Robbery by sudden snatching.
28  812.133(2)(b)      1st      Carjacking; no firearm, deadly
29                              weapon, or other weapon.
30  
31  
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    ENROLLED
    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  817.234(8)(a)      2nd      Solicitation of motor vehicle
 2                              accident victims with intent to
 3                              defraud.
 4  817.234(9)         2nd      Organizing, planning, or
 5                              participating in an intentional
 6                              motor vehicle collision.
 7  817.234(11)(c)     1st      Insurance fraud; property value
 8                              $100,000 or more.
 9  817.2341(2)(b)&
10   (3)(b)            1st      Making false entries of material
11                              fact or false statements
12                              regarding property values
13                              relating to the solvency of an
14                              insuring entity which are a
15                              significant cause of the
16                              insolvency of that entity.
17  825.102(3)(b)      2nd      Neglecting an elderly person or
18                              disabled adult causing great
19                              bodily harm, disability, or
20                              disfigurement.
21  825.103(2)(b)      2nd      Exploiting an elderly person or
22                              disabled adult and property is
23                              valued at $20,000 or more, but
24                              less than $100,000.
25  827.03(3)(b)       2nd      Neglect of a child causing great
26                              bodily harm, disability, or
27                              disfigurement.
28  827.04(3)          3rd      Impregnation of a child under 16
29                              years of age by person 21 years
30                              of age or older.
31  
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    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  837.05(2)          3rd      Giving false information about
 2                              alleged capital felony to a law
 3                              enforcement officer.
 4  838.015            2nd      Bribery.
 5  838.016            2nd      Unlawful compensation or reward
 6                              for official behavior.
 7  838.021(3)(a)      2nd      Unlawful harm to a public
 8                              servant.
 9  838.22             2nd      Bid tampering.
10  847.0135(3)        3rd      Solicitation of a child, via a
11                              computer service, to commit an
12                              unlawful sex act.
13  872.06             2nd      Abuse of a dead human body.
14  893.13(1)(c)1.     1st      Sell, manufacture, or deliver
15                              cocaine (or other drug prohibited
16                              under s. 893.03(1)(a), (1)(b),
17                              (1)(d), (2)(a), (2)(b), or
18                              (2)(c)4.) within 1,000 feet of a
19                              child care facility, school, or
20                              state, county, or municipal park
21                              or publicly owned recreational
22                              facility or community center.
23  893.13(1)(e)1.     1st      Sell, manufacture, or deliver
24                              cocaine or other drug prohibited
25                              under s. 893.03(1)(a), (1)(b),
26                              (1)(d), (2)(a), (2)(b), or
27                              (2)(c)4., within 1,000 feet of
28                              property used for religious
29                              services or a specified business
30                              site.
31  
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    ENROLLED
    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  893.13(4)(a)       1st      Deliver to minor cocaine (or
 2                              other s. 893.03(1)(a), (1)(b),
 3                              (1)(d), (2)(a), (2)(b), or
 4                              (2)(c)4. drugs).
 5  893.135(1)(a)1.    1st      Trafficking in cannabis, more
 6                              than 25 lbs., less than 2,000
 7                              lbs.
 8  893.135
 9   (1)(b)1.a.        1st      Trafficking in cocaine, more than
10                              28 grams, less than 200 grams.
11  893.135
12   (1)(c)1.a.        1st      Trafficking in illegal drugs,
13                              more than 4 grams, less than 14
14                              grams.
15  893.135
16   (1)(d)1.          1st      Trafficking in phencyclidine,
17                              more than 28 grams, less than 200
18                              grams.
19  893.135(1)(e)1.    1st      Trafficking in methaqualone, more
20                              than 200 grams, less than 5
21                              kilograms.
22  893.135(1)(f)1.    1st      Trafficking in amphetamine, more
23                              than 14 grams, less than 28
24                              grams.
25  893.135
26   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4
27                              grams or more, less than 14
28                              grams.
29  
30  
31  
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    ENROLLED
    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  893.135
 2   (1)(h)1.a.        1st      Trafficking in
 3                              gamma-hydroxybutyric acid (GHB),
 4                              1 kilogram or more, less than 5
 5                              kilograms.
 6  893.135
 7   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1
 8                              kilogram or more, less than 5
 9                              kilograms.
10  893.135
11   (1)(k)2.a.        1st      Trafficking in Phenethylamines,
12                              10 grams or more, less than 200
13                              grams.
14  896.101(5)(a)      3rd      Money laundering, financial
15                              transactions exceeding $300 but
16                              less than $20,000.
17  896.104(4)(a)1.    3rd      Structuring transactions to evade
18                              reporting or registration
19                              requirements, financial
20                              transactions exceeding $300 but
21                              less than $20,000.
22  943.0435(4)(c)     2nd      Sexual offender vacating
23                              permanent residence; failure to
24                              comply with reporting
25                              requirements.
26  943.0435(8)        2nd      Sexual offender; remains in state
27                              after indicating intent to leave;
28                              failure to comply with reporting
29                              requirements.
30  
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    ENROLLED
    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  943.0435(9)(a)     3rd      Sexual offender; failure to
 2                              comply with reporting
 3                              requirements.
 4  943.0435(13)       3rd      Failure to report or providing
 5                              false information about a sexual
 6                              offender; harbor or conceal a
 7                              sexual offender.
 8  943.0435(14)       3rd      Sexual offender; failure to
 9                              report and reregister; failure to
10                              respond to address verification.
11  944.607(9)         3rd      Sexual offender; failure to
12                              comply with reporting
13                              requirements.
14  944.607(10)(a)     3rd      Sexual offender; failure to
15                              submit to the taking of a
16                              digitized photograph.
17  944.607(12)        3rd      Failure to report or providing
18                              false information about a sexual
19                              offender; harbor or conceal a
20                              sexual offender.
21  944.607(13)        3rd      Sexual offender; failure to
22                              report and reregister; failure to
23                              respond to address verification.
24  985.4815(10)       3rd      Sexual offender; failure to
25                              submit to the taking of a
26                              digitized photograph.
27  985.4815(12)       3rd      Failure to report or providing
28                              false information about a sexual
29                              offender; harbor or conceal a
30                              sexual offender.
31  
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    ENROLLED
    2007 Legislature          CS for CS for SB 1604, 1st Engrossed
 1  985.4815(13)       3rd      Sexual offender; failure to
 2                              report and reregister; failure to
 3                              respond to address verification.
 4         Section 15.  This act shall take effect July 1, 2007.
 5  
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