CS/HB 573

1	A bill to be entitled
2	An act relating to criminal justice; providing a short
3	title; amending s. 16.56, F.S.; providing for jurisdiction
4	of the Office of the Statewide Prosecutor over certain
5	obscenity offenses; providing for jurisdiction over
6	offenses facilitated by or connected to the use of the
7	Internet; creating s. 775.0847, F.S.; providing
8	definitions; providing for reclassification of certain
9	offenses involving child pornography; amending s. 827.071,
10	F.S.; providing for the effect of certain prosecutions;
11	amending s. 847.0135, F.S.; making editorial changes;
12	revising prohibitions on use of certain computer services
13	to facilitate certain sexual conduct to include electronic
14	storage devices, additional persons, and additional
15	conduct; providing for charging each conversation in which
16	specified conduct occurs as a separate offense;
17	prohibiting traveling to meet minors for certain purposes;
18	providing criminal penalties; revising a provision
19	relating to state criminal jurisdiction; providing for
20	effect of certain prosecutions; amending s. 905.34, F.S.;
21	providing additional subject matter jurisdiction for the
22	statewide grand jury; amending s. 910.15, F.S.; revising
23	provisions relating to offenses facilitated by
24	communication systems; amending s. 921.0022, F.S.;
25	conforming the Criminal Punishment Code offense severity
26	ranking chart; amending s. 775.21, F.S.; providing
27	definitions; requiring sexual predators to include certain
28	information during the registration process; requiring
29	sexual predators to report changes in certain information;
30	requiring sexual predators to include certain information
31	during the reregistration process; providing penalties for
32	failing to provide certain information; amending s.
33	943.0435, F.S.; providing definitions; requiring sexual
34	offenders to include certain information during the
35	registration process; requiring sexual offenders to report
36	changes in certain information; requiring sexual offenders
37	to include certain information during the reregistration
38	process; amending s. 944.606, F.S.; providing definitions;
39	requiring the Department of Corrections to provide certain
40	information regarding sexual offenders who are being
41	released after serving a period of incarceration to
42	certain entities; amending s. 944.607, F.S.; providing
43	definitions; requiring sexual offenders under the
44	supervision of the Department of Corrections to include
45	certain information during the registration process;
46	requiring sexual offenders to include certain information
47	during the reregistration process; providing legislative
48	intent; creating s. 943.0437, F.S.; providing definitions;
49	providing penalties for sexual offenders who fail to
50	report certain information; permitting the Department of
51	Law Enforcement to provide electronic mail address and
52	instant message information in the sexual offender
53	registry to commercial social networking websites and
54	certain others; providing that certain statutory
55	provisions do not impose civil liability on commercial
56	social networking websites for specified actions;
57	providing an effective date.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  This act may be cited as the "Cybercrimes
62	Against Children Act of 2007."
63	Section 2.  Subsection (1) of section 16.56, Florida
64	Statutes, is amended to read:
65	16.56  Office of Statewide Prosecution.--
66	(1)  There is created in the Department of Legal Affairs an
67	Office of Statewide Prosecution. The office shall be a separate
68	"budget entity" as that term is defined in chapter 216. The
69	office may:
70	(a)  Investigate and prosecute the offenses of:
71	1.  Bribery, burglary, criminal usury, extortion, gambling,
72	kidnapping, larceny, murder, prostitution, perjury, robbery,
73	carjacking, and home-invasion robbery;
74	2.  Any crime involving narcotic or other dangerous drugs;
75	3.  Any violation of the provisions of the Florida RICO
76	(Racketeer Influenced and Corrupt Organization) Act, including
77	any offense listed in the definition of racketeering activity in
78	s. 895.02(1)(a), providing such listed offense is investigated
79	in connection with a violation of s. 895.03 and is charged in a
80	separate count of an information or indictment containing a
81	count charging a violation of s. 895.03, the prosecution of
82	which listed offense may continue independently if the
83	prosecution of the violation of s. 895.03 is terminated for any
84	reason;
85	4.  Any violation of the provisions of the Florida Anti-
86	Fencing Act;
87	5.  Any violation of the provisions of the Florida
88	Antitrust Act of 1980, as amended;
89	6.  Any crime involving, or resulting in, fraud or deceit
90	upon any person;
91	7.  Any violation of s. 847.0135, relating to computer
92	pornography and child exploitation prevention, or any offense
93	related to a violation of s. 847.0135 or any violation of
94	chapter 827 where the crime is facilitated by or connected to
95	the use of the Internet or any device capable of electronic data
96	storage or transmission;
97	8.  Any violation of the provisions of chapter 815;
98	9.  Any criminal violation of part I of chapter 499;
99	10.  Any violation of the provisions of the Florida Motor
100	Fuel Tax Relief Act of 2004;
101	11.  Any criminal violation of s. 409.920 or s. 409.9201;
102	or
103	12.  Any crime involving voter registration, voting, or
104	candidate or issue petition activities;
105
106	or any attempt, solicitation, or conspiracy to commit any of the
107	crimes specifically enumerated above. The office shall have such
108	power only when any such offense is occurring, or has occurred,
109	in two or more judicial circuits as part of a related
110	transaction, or when any such offense is connected with an
111	organized criminal conspiracy affecting two or more judicial
112	circuits.
113	(b)  Investigate and prosecute any crime facilitated by or
114	connected to the use of the Internet. Any such crime is a crime
115	occurring in every judicial circuit within the state.
116	(c)(b)  Upon request, cooperate with and assist state
117	attorneys and state and local law enforcement officials in their
118	efforts against organized crimes.
119	(d)(c)  Request and receive from any department, division,
120	board, bureau, commission, or other agency of the state, or of
121	any political subdivision thereof, cooperation and assistance in
122	the performance of its duties.
123	Section 3.  Section 775.0847, Florida Statutes, is created
124	to read:
125	775.0847  Possession or promotion of certain images of
126	child pornography; reclassification.--
127	(1)  For purposes of this section:
128	(a)  "Child" means any person, whose identity is known or
129	unknown, less than 18 years of age.
130	(b)  "Child pornography" means any image depicting a minor
131	engaged in sexual conduct.
132	(c)  "Sadomasochistic abuse" means flagellation or torture
133	by or upon a person or the condition of being fettered, bound,
134	or otherwise physically restrained, for the purpose of deriving
135	sexual satisfaction, or satisfaction brought about as a result
136	of sadistic violence, from inflicting harm on another or
137	receiving such harm oneself.
138	(d)  "Sexual battery" means oral, anal, or vaginal
139	penetration by, or union with, the sexual organ of another or
140	the anal or vaginal penetration of another by any other object;
141	however, sexual battery does not include an act done for a bona
142	fide medical purpose.
143	(e)  "Sexual bestiality" means any sexual act, actual or
144	simulated, between a person and an animal involving the sex
145	organ of the one and the mouth, anus, or vagina of the other.
146	(f)  "Sexual conduct" means actual or simulated sexual
147	intercourse, deviate sexual intercourse, sexual bestiality,
148	masturbation, or sadomasochistic abuse; actual lewd exhibition
149	of the genitals; actual physical contact with a person's clothed
150	or unclothed genitals, pubic area, buttocks, or, if such person
151	is a female, breast with the intent to arouse or gratify the
152	sexual desire of either party; or any act or conduct which
153	constitutes sexual battery or simulates that sexual battery is
154	being or will be committed. A mother's breastfeeding of her baby
155	does not under any circumstance constitute "sexual conduct."
156	(2)  A violation of s. 827.071, s. 847.0135, s. 847.0137,
157	or s. 847.0138 shall be reclassified to the next higher degree
158	as provided in subsection (3) if:
159	(a)  The offender possesses 10 or more images of any form
160	of child pornography regardless of content; and
161	(b)  The content of at least one image contains one or more
162	of the following:
163	1.  A child who is younger than the age of 5.
164	2.  Sadomasochistic abuse involving a child.
165	3.  Sexual battery involving a child.
166	4.  Sexual bestiality involving a child.
167	5.  Any movie involving a child, regardless of length and
168	regardless of whether the movie contains sound.
169	(3)(a)  In the case of a felony of the third degree, the
170	offense is reclassified to a felony of the second degree.
171	(b)  In the case of a felony of the second degree, the
172	offense is reclassified to a felony of the first degree.
173
174	For purposes of sentencing under chapter 921 and determining
175	incentive gain-time eligibility under chapter 944, a felony
176	offense that is reclassified under this section is ranked one
177	level above the ranking under s. 921.0022 or s. 921.0023 of the
178	offense committed.
179	Section 4.  Subsection (6) is added to section 827.071,
180	Florida Statutes, to read:
181	827.071  Sexual performance by a child; penalties.--
182	(6)  Prosecution of any person for an offense under this
183	section shall not prohibit prosecution of that person in this
184	state for a violation of any law of this state, including a law
185	providing for greater penalties than prescribed in this section
186	or any other crime punishing the sexual performance or the
187	sexual exploitation of children.
188	Section 5.  Section 847.0135, Florida Statutes, is amended
189	to read:
190	847.0135  Computer pornography; traveling to meet minor;
191	penalties.--
192	(1)  SHORT TITLE.--This section shall be known and may be
193	cited as the "Computer Pornography and Child Exploitation
194	Prevention Act of 1986."
195	(2)  COMPUTER PORNOGRAPHY.--A person who:
196	(a)  Knowingly compiles, enters into, or transmits by use
197	of computer;
198	(b)  Makes, prints, publishes, or reproduces by other
199	computerized means;
200	(c)  Knowingly causes or allows to be entered into or
201	transmitted by use of computer; or
202	(d)  Buys, sells, receives, exchanges, or disseminates,
203
204	any notice, statement, or advertisement of any minor's name,
205	telephone number, place of residence, physical characteristics,
206	or other descriptive or identifying information for purposes of
207	facilitating, encouraging, offering, or soliciting sexual
208	conduct of or with any minor, or the visual depiction of such
209	conduct, commits a felony of the third degree, punishable as
210	provided in s. 775.082, s. 775.083, or s. 775.084. The fact that
211	an undercover operative or law enforcement officer was involved
212	in the detection and investigation of an offense under this
213	section shall not constitute a defense to a prosecution under
214	this section.
215	(3)  CERTAIN USES OF COMPUTER SERVICES OR DEVICES
216	PROHIBITED.--Any person who knowingly uses utilizes a computer
217	on-line service, Internet service, or local bulletin board
218	service, or any other device capable of electronic data storage
219	or transmission to:
220	(a)  Seduce, solicit, lure, or entice, or attempt to
221	seduce, solicit, lure, or entice, a child or another person
222	believed by the person to be a child, to commit any illegal act
223	described in chapter 794, relating to sexual battery; chapter
224	800, relating to lewdness and indecent exposure; or chapter 827,
225	or to otherwise engage in any unlawful sexual conduct with a
226	child or with another person believed by the person to be a
227	child; or
228	(b)  Solicit, lure, or entice, or attempt to solicit, lure,
229	or entice a parent, legal guardian, or custodian of a child or a
230	person believed to be a parent, legal guardian, or custodian of
231	a child to consent to the participation of such child in any act
232	described in chapter 794, chapter 800, or chapter 827, or to
233	otherwise engage in any sexual conduct,
234
235	relating to child abuse, commits a felony of the third degree,
236	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
237	Any person who, in violating this subsection, misrepresents his
238	or her age, commits a felony of the second degree, punishable as
239	provided in s. 775.082, s. 775.083, or s. 775.084. Each separate
240	use of a computer on-line service, Internet service, local
241	bulletin board service, or any other device capable of
242	electronic data storage or transmission wherein an offense
243	described in this section is committed may be charged as a
244	separate offense.
245	(4)  TRAVELING TO MEET A MINOR.--Any person who travels any
246	distance either within this state, to this state, or from this
247	state by any means, who attempts to do so, or who causes another
248	to do so or to attempt to do so for the purpose of engaging in
249	any illegal act described in chapter 794, chapter 800, or
250	chapter 827, or to otherwise engage in other unlawful sexual
251	conduct with a child or with another person believed by the
252	person to be a child after using a computer on-line service,
253	Internet service, local bulletin board service, or any other
254	device capable of electronic data storage or transmission to:
255	(a)  Seduce, solicit, lure, or entice or attempt to seduce,
256	solicit, lure, or entice a child or another person believed by
257	the person to be a child, to engage in any illegal act described
258	in chapter 794, chapter 800, or chapter 827, or to otherwise
259	engage in other unlawful sexual conduct with a child; or
260	(b)  Solicit, lure, or entice or attempt to solicit, lure,
261	or entice a parent, legal guardian, or custodian of a child or a
262	person believed to be a parent, legal guardian, or custodian of
263	a child to consent to the participation of such child in any act
264	described in chapter 794, chapter 800, or chapter 827, or to
265	otherwise engage in any sexual conduct,
266
267	commits a felony of the second degree, punishable as provided in
268	s. 775.082, s. 775.083, or s. 775.084.
269	(5)(4)  OWNERS OR OPERATORS OF COMPUTER SERVICES
270	LIABLE.--It is unlawful for any owner or operator of a computer
271	on-line service, Internet service, or local bulletin board
272	service knowingly to permit a subscriber to use utilize the
273	service to commit a violation of this section. Any person who
274	violates this section commits a misdemeanor of the first degree,
275	punishable by a fine not exceeding $2,000.
276	(6)(5)  STATE CRIMINAL JURISDICTION.--A person is subject
277	to prosecution in this state pursuant to chapter 910 for any
278	conduct proscribed by this section which the person engages in,
279	while either within or outside this state, if by such conduct
280	the person commits a violation of this section involving a child
281	residing in this state, a child's guardian, or another person
282	believed by the person to be a child or a child's guardian
283	residing in this state.
284	(7)  EFFECT OF PROSECUTION.--Prosecution of any person for
285	an offense under this section shall not prohibit prosecution of
286	that person in this state or another jurisdiction for a
287	violation of any law of this state, including a law providing
288	for greater penalties than prescribed in this section or any
289	other crime punishing the sexual performance or the sexual
290	exploitation of children.
291	Section 6.  Subsection (8) of section 905.34, Florida
292	Statutes, is amended to read:
293	905.34  Powers and duties; law applicable.--The
294	jurisdiction of a statewide grand jury impaneled under this
295	chapter shall extend throughout the state. The subject matter
296	jurisdiction of the statewide grand jury shall be limited to the
297	offenses of:
298	(8)  Any violation of s. 847.0135, s. 847.0137, or s.
299	847.0138 relating to computer pornography and child exploitation
300	prevention, or any offense related to a violation of s.
301	847.0135, s. 847.0137, or s. 847.0138 or any violation of
302	chapter 827 where the crime is facilitated by or connected to
303	the use of the Internet or any device capable of electronic data
304	storage or transmission;
305
306	or any attempt, solicitation, or conspiracy to commit any
307	violation of the crimes specifically enumerated above, when any
308	such offense is occurring, or has occurred, in two or more
309	judicial circuits as part of a related transaction or when any
310	such offense is connected with an organized criminal conspiracy
311	affecting two or more judicial circuits. The statewide grand
312	jury may return indictments and presentments irrespective of the
313	county or judicial circuit where the offense is committed or
314	triable. If an indictment is returned, it shall be certified and
315	transferred for trial to the county where the offense was
316	committed. The powers and duties of, and law applicable to,
317	county grand juries shall apply to a statewide grand jury except
318	when such powers, duties, and law are inconsistent with the
319	provisions of ss. 905.31-905.40.
320	Section 7.  Subsection (1) of section 910.15, Florida
321	Statutes, is amended to read:
322	910.15  Crimes facilitated by Theft and fraudulent
323	practices concerning communication systems.--
324	(1)  A person charged with committing a crime facilitated
325	by communication through use of the mail, telephone, or
326	newspaper or by radio, television, Internet, or another means of
327	electronic data communication may be tried in the county in
328	which the dissemination originated, in which the dissemination
329	was made, or in which any act necessary to consummate the
330	offense occurred. :
331	(a)  A fraudulent practice in a manner in which it may
332	reasonably be assumed that a communication made to facilitate
333	the fraudulent practice, or a false or misleading
334	representation, could or would be disseminated across
335	jurisdictional lines; or
336	(b)  A theft involving the use of the mail, telephone,
337	newspaper, radio, television, or other means of communication,
338
339	may be tried in the county in which the dissemination
340	originated, in which the dissemination was made, or in which any
341	act necessary to consummate the offense occurred.
342	Section 8.  Paragraph (g) of subsection (3) of section
343	921.0022, Florida Statutes, is amended to read:
344	921.0022  Criminal Punishment Code; offense severity
345	ranking chart.--
346	(3)  OFFENSE SEVERITY RANKING CHART
347
	FloridaStatute FelonyDegree Description
348
	(g)  LEVEL 7
349
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
350
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
351
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
352
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
353
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
354
	409.920(2) 3rd Medicaid provider fraud.
355
	456.065(2) 3rd Practicing a health care profession without a license.
356
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
357
	458.327(1) 3rd Practicing medicine without a license.
358
	459.013(1) 3rd Practicing osteopathic medicine without a license.
359
	460.411(1) 3rd Practicing chiropractic medicine without a license.
360
	461.012(1) 3rd Practicing podiatric medicine without a license.
361
	462.17 3rd Practicing naturopathy without a license.
362
	463.015(1) 3rd Practicing optometry without a license.
363
	464.016(1) 3rd Practicing nursing without a license.
364
	465.015(2) 3rd Practicing pharmacy without a license.
365
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
366
	467.201 3rd Practicing midwifery without a license.
367
	468.366 3rd Delivering respiratory care services without a license.
368
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
369
	483.901(9) 3rd Practicing medical physics without a license.
370
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
371
	484.053 3rd Dispensing hearing aids without a license.
372
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
373
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
374
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
375
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
376
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
377
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
378
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
379
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
380
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
381
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
382
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
383
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
384
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
385
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
386
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
387
	784.048(7) 3rd Aggravated stalking; violation of court order.
388
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
389
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
390
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
391
	784.081(1) 1st Aggravated battery on specified official or employee.
392
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
393
	784.083(1) 1st Aggravated battery on code inspector.
394
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
395
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
396
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
397
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
398
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
399
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
400
	796.03 2nd Procuring any person under 16 years for prostitution.
401
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
402
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
403
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
404
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
405
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
406
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
407
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
408
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
409
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
410
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
411
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
412
	812.131(2)(a) 2nd Robbery by sudden snatching.
413
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
414
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
415
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
416
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
417
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
418
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
419
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
420
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
421
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
422
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
423
	838.015 2nd Bribery.
424
	838.016 2nd Unlawful compensation or reward for official behavior.
425
	838.021(3)(a) 2nd Unlawful harm to a public servant.
426
	838.22 2nd Bid tampering.
427
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
428
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
429
	872.06 2nd Abuse of a dead human body.
430
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
431
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
432
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
433
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
434
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
435
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
436
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
437
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
438
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
439
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
440
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
441
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
442
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
443
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
444
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
445
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
446
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
447
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
448
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
449
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
450
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
451
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
452
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
453
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
454
455	Section 9.  Paragraphs (j) and (k) are added to subsection
456	(2) of section 775.21, Florida Statutes, and paragraphs (a),
457	(e), and (g) of subsection (6), subsection (8), and paragraph
458	(a) of subsection (10) of that section are amended, to read:
459	775.21  The Florida Sexual Predators Act.--
460	(2)  DEFINITIONS.--As used in this section, the term:
461	(j)  "Electronic mail address" has the same meaning as
462	provided in s. 668.602.
463	(k)  "Instant message name" means an identifier that allows
464	a person to communicate in real time with another person using
465	the Internet.
466	(6)  REGISTRATION.--
467	(a)  A sexual predator must register with the department by
468	providing the following information to the department:
469	1.  Name, social security number, age, race, sex, date of
470	birth, height, weight, hair and eye color, photograph, address
471	of legal residence and address of any current temporary
472	residence, within the state or out of state, including a rural
473	route address and a post office box, any electronic mail address
474	and any instant message name required to be provided pursuant to
475	subparagraph (g)4., date and place of any employment, date and
476	place of each conviction, fingerprints, and a brief description
477	of the crime or crimes committed by the offender. A post office
478	box shall not be provided in lieu of a physical residential
479	address.
480	a.  If the sexual predator's place of residence is a motor
481	vehicle, trailer, mobile home, or manufactured home, as defined
482	in chapter 320, the sexual predator shall also provide to the
483	department written notice of the vehicle identification number;
484	the license tag number; the registration number; and a
485	description, including color scheme, of the motor vehicle,
486	trailer, mobile home, or manufactured home. If a sexual
487	predator's place of residence is a vessel, live-aboard vessel,
488	or houseboat, as defined in chapter 327, the sexual predator
489	shall also provide to the department written notice of the hull
490	identification number; the manufacturer's serial number; the
491	name of the vessel, live-aboard vessel, or houseboat; the
492	registration number; and a description, including color scheme,
493	of the vessel, live-aboard vessel, or houseboat.
494	b.  If the sexual predator is enrolled, employed, or
495	carrying on a vocation at an institution of higher education in
496	this state, the sexual predator shall also provide to the
497	department the name, address, and county of each institution,
498	including each campus attended, and the sexual predator's
499	enrollment or employment status. Each change in enrollment or
500	employment status shall be reported in person at the sheriff's
501	office, or the Department of Corrections if the sexual predator
502	is in the custody or control of or under the supervision of the
503	Department of Corrections, within 48 hours after any change in
504	status. The sheriff or the Department of Corrections shall
505	promptly notify each institution of the sexual predator's
506	presence and any change in the sexual predator's enrollment or
507	employment status.
508	2.  Any other information determined necessary by the
509	department, including criminal and corrections records;
510	nonprivileged personnel and treatment records; and evidentiary
511	genetic markers when available.
512	(e)  If the sexual predator is not in the custody or
513	control of, or under the supervision of, the Department of
514	Corrections, or is not in the custody of a private correctional
515	facility, and establishes or maintains a residence in the state,
516	the sexual predator shall register in person at the sheriff's
517	office in the county in which the predator establishes or
518	maintains a residence, within 48 hours after establishing
519	permanent or temporary residence in this state. Any change in
520	the sexual predator's permanent or temporary residence, or name,
521	or any electronic mail address and any instant message name
522	required to be provided pursuant to subparagraph (g)4., after
523	the sexual predator registers in person at the sheriff's office,
524	shall be accomplished in the manner provided in paragraphs (g),
525	(i), and (j). When a sexual predator registers with the
526	sheriff's office, the sheriff shall take a photograph and a set
527	of fingerprints of the predator and forward the photographs and
528	fingerprints to the department, along with the information that
529	the predator is required to provide pursuant to this section.
530	(g)1.  Each time a sexual predator's driver's license or
531	identification card is subject to renewal, and, without regard
532	to the status of the predator's driver's license or
533	identification card, within 48 hours after any change of the
534	predator's residence or change in the predator's name by reason
535	of marriage or other legal process, the predator shall report in
536	person to a driver's license office and shall be subject to the
537	requirements specified in paragraph (f). The Department of
538	Highway Safety and Motor Vehicles shall forward to the
539	department and to the Department of Corrections all photographs
540	and information provided by sexual predators. Notwithstanding
541	the restrictions set forth in s. 322.142, the Department of
542	Highway Safety and Motor Vehicles is authorized to release a
543	reproduction of a color-photograph or digital-image license to
544	the Department of Law Enforcement for purposes of public
545	notification of sexual predators as provided in this section.
546	2.  A sexual predator who vacates a permanent residence and
547	fails to establish or maintain another permanent or temporary
548	residence shall, within 48 hours after vacating the permanent
549	residence, report in person to the sheriff's office of the
550	county in which he or she is located. The sexual predator shall
551	specify the date upon which he or she intends to or did vacate
552	such residence. The sexual predator must provide or update all
553	of the registration information required under paragraph (a).
554	The sexual predator must provide an address for the residence or
555	other location that he or she is or will be occupying during the
556	time in which he or she fails to establish or maintain a
557	permanent or temporary residence.
558	3.  A sexual predator who remains at a permanent residence
559	after reporting his or her intent to vacate such residence
560	shall, within 48 hours after the date upon which the predator
561	indicated he or she would or did vacate such residence, report
562	in person to the sheriff's office to which he or she reported
563	pursuant to subparagraph 2. for the purpose of reporting his or
564	her address at such residence. When the sheriff receives the
565	report, the sheriff shall promptly convey the information to the
566	department. An offender who makes a report as required under
567	subparagraph 2. but fails to make a report as required under
568	this subparagraph commits a felony of the second degree,
569	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
570	4.  A sexual predator must register any electronic mail
571	address or instant message name with the department prior to
572	using such electronic mail address or instant message name on or
573	after October 1, 2007. The department shall establish an online
574	system through which sexual predators may securely access and
575	update all electronic mail address and instant message name
576	information.
577	(8)  VERIFICATION.--The department and the Department of
578	Corrections shall implement a system for verifying the addresses
579	of sexual predators. The system must be consistent with the
580	provisions of the federal Jacob Wetterling Act, as amended, and
581	any other federal standards applicable to such verification or
582	required to be met as a condition for the receipt of federal
583	funds by the state. The Department of Corrections shall verify
584	the addresses of sexual predators who are not incarcerated but
585	who reside in the community under the supervision of the
586	Department of Corrections. County and local law enforcement
587	agencies, in conjunction with the department, shall verify the
588	addresses of sexual predators who are not under the care,
589	custody, control, or supervision of the Department of
590	Corrections.
591	(a)  A sexual predator must report in person each year
592	during the month of the sexual predator's birthday and during
593	the sixth month following the sexual predator's birth month to
594	the sheriff's office in the county in which he or she resides or
595	is otherwise located to reregister. The sheriff's office may
596	determine the appropriate times and days for reporting by the
597	sexual predator, which shall be consistent with the reporting
598	requirements of this paragraph. Reregistration shall include any
599	changes to the following information:
600	1.  Name; social security number; age; race; sex; date of
601	birth; height; weight; hair and eye color; address of any
602	permanent residence and address of any current temporary
603	residence, within the state or out of state, including a rural
604	route address and a post office box; any electronic mail address
605	and any instant message name required to be provided pursuant to
606	subparagraph (g)4.; date and place of any employment; vehicle
607	make, model, color, and license tag number; fingerprints; and
608	photograph. A post office box shall not be provided in lieu of a
609	physical residential address.
610	2.  If the sexual predator is enrolled, employed, or
611	carrying on a vocation at an institution of higher education in
612	this state, the sexual predator shall also provide to the
613	department the name, address, and county of each institution,
614	including each campus attended, and the sexual predator's
615	enrollment or employment status.
616	3.  If the sexual predator's place of residence is a motor
617	vehicle, trailer, mobile home, or manufactured home, as defined
618	in chapter 320, the sexual predator shall also provide the
619	vehicle identification number; the license tag number; the
620	registration number; and a description, including color scheme,
621	of the motor vehicle, trailer, mobile home, or manufactured
622	home. If the sexual predator's place of residence is a vessel,
623	live-aboard vessel, or houseboat, as defined in chapter 327, the
624	sexual predator shall also provide the hull identification
625	number; the manufacturer's serial number; the name of the
626	vessel, live-aboard vessel, or houseboat; the registration
627	number; and a description, including color scheme, of the
628	vessel, live-aboard vessel, or houseboat.
629	(b)  The sheriff's office shall, within 2 working days,
630	electronically submit and update all information provided by the
631	sexual predator to the department in a manner prescribed by the
632	department. This procedure shall be implemented by December 1,
633	2005.
634	(10)  PENALTIES.--
635	(a)  Except as otherwise specifically provided, a sexual
636	predator who fails to register; who fails, after registration,
637	to maintain, acquire, or renew a driver's license or
638	identification card; who fails to provide required location
639	information, electronic mail address information, instant
640	message name information, or change-of-name information; who
641	fails to make a required report in connection with vacating a
642	permanent residence; who fails to reregister as required; who
643	fails to respond to any address verification correspondence from
644	the department within 3 weeks of the date of the correspondence;
645	or who otherwise fails, by act or omission, to comply with the
646	requirements of this section, commits a felony of the third
647	degree, punishable as provided in s. 775.082, s. 775.083, or s.
648	775.084.
649	Section 10.  Paragraphs (f) and (g) are added to subsection
650	(1) and paragraph (d) is added to subsection (4) of section
651	943.0435, Florida Statutes, and subsections (2) and (14) of that
652	section are amended, to read:
653	943.0435  Sexual offenders required to register with the
654	department; penalty.--
655	(1)  As used in this section, the term:
656	(f)  "Electronic mail address" has the same meaning as
657	provided in s. 668.602.
658	(g)  "Instant message name" means an identifier that allows
659	a person to communicate in real time with another person using
660	the Internet.
661	(2)  A sexual offender shall:
662	(a)  Report in person at the sheriff's office in the county
663	in which the offender establishes or maintains a permanent or
664	temporary residence, within 48 hours after establishing
665	permanent or temporary residence in this state or within 48
666	hours after being released from the custody, control, or
667	supervision of the Department of Corrections or from the custody
668	of a private correctional facility. Any change in the sexual
669	offender's permanent or temporary residence, or name, any
670	electronic mail address and any instant message name required to
671	be provided pursuant to paragraph (4)(d), after the sexual
672	offender reports in person at the sheriff's office, shall be
673	accomplished in the manner provided in subsections (4), (7), and
674	(8).
675	(b)  Provide his or her name, date of birth, social
676	security number, race, sex, height, weight, hair and eye color,
677	tattoos or other identifying marks, occupation and place of
678	employment, address of permanent or legal residence or address
679	of any current temporary residence, within the state and out of
680	state, including a rural route address and a post office box,
681	any electronic mail address and any instant message name
682	required to be provided pursuant to paragraph (4)(d), date and
683	place of each conviction, and a brief description of the crime
684	or crimes committed by the offender. A post office box shall not
685	be provided in lieu of a physical residential address.
686	1.  If the sexual offender's place of residence is a motor
687	vehicle, trailer, mobile home, or manufactured home, as defined
688	in chapter 320, the sexual offender shall also provide to the
689	department written notice of the vehicle identification number;
690	the license tag number; the registration number; and a
691	description, including color scheme, of the motor vehicle,
692	trailer, mobile home, or manufactured home. If the sexual
693	offender's place of residence is a vessel, live-aboard vessel,
694	or houseboat, as defined in chapter 327, the sexual offender
695	shall also provide to the department written notice of the hull
696	identification number; the manufacturer's serial number; the
697	name of the vessel, live-aboard vessel, or houseboat; the
698	registration number; and a description, including color scheme,
699	of the vessel, live-aboard vessel, or houseboat.
700	2.  If the sexual offender is enrolled, employed, or
701	carrying on a vocation at an institution of higher education in
702	this state, the sexual offender shall also provide to the
703	department the name, address, and county of each institution,
704	including each campus attended, and the sexual offender's
705	enrollment or employment status. Each change in enrollment or
706	employment status shall be reported in person at the sheriff's
707	office, within 48 hours after any change in status. The sheriff
708	shall promptly notify each institution of the sexual offender's
709	presence and any change in the sexual offender's enrollment or
710	employment status.
711
712	When a sexual offender reports at the sheriff's office, the
713	sheriff shall take a photograph and a set of fingerprints of the
714	offender and forward the photographs and fingerprints to the
715	department, along with the information provided by the sexual
716	offender. The sheriff shall promptly provide to the department
717	the information received from the sexual offender.
718	(4)
719	(d)  A sexual offender must register any electronic mail
720	address or instant message name with the department prior to
721	using such electronic mail address or instant message name on or
722	after October 1, 2007. The department shall establish an online
723	system through which sexual offenders may securely access and
724	update all electronic mail address and instant message name
725	information.
726	(14)(a)  A sexual offender must report in person each year
727	during the month of the sexual offender's birthday and during
728	the sixth month following the sexual offender's birth month to
729	the sheriff's office in the county in which he or she resides or
730	is otherwise located to reregister. The sheriff's office may
731	determine the appropriate times and days for reporting by the
732	sexual offender, which shall be consistent with the reporting
733	requirements of this paragraph. Reregistration shall include any
734	changes to the following information:
735	1.  Name; social security number; age; race; sex; date of
736	birth; height; weight; hair and eye color; address of any
737	permanent residence and address of any current temporary
738	residence, within the state or out of state, including a rural
739	route address and a post office box; any electronic mail address
740	and any instant message name required to be provided pursuant to
741	paragraph (4)(d); date and place of any employment; vehicle
742	make, model, color, and license tag number; fingerprints; and
743	photograph. A post office box shall not be provided in lieu of a
744	physical residential address.
745	2.  If the sexual offender is enrolled, employed, or
746	carrying on a vocation at an institution of higher education in
747	this state, the sexual offender shall also provide to the
748	department the name, address, and county of each institution,
749	including each campus attended, and the sexual offender's
750	enrollment or employment status.
751	3.  If the sexual offender's place of residence is a motor
752	vehicle, trailer, mobile home, or manufactured home, as defined
753	in chapter 320, the sexual offender shall also provide the
754	vehicle identification number; the license tag number; the
755	registration number; and a description, including color scheme,
756	of the motor vehicle, trailer, mobile home, or manufactured
757	home. If the sexual offender's place of residence is a vessel,
758	live-aboard vessel, or houseboat, as defined in chapter 327, the
759	sexual offender shall also provide the hull identification
760	number; the manufacturer's serial number; the name of the
761	vessel, live-aboard vessel, or houseboat; the registration
762	number; and a description, including color scheme, of the
763	vessel, live-aboard vessel or houseboat.
764	4.  Any sexual offender who fails to report in person as
765	required at the sheriff's office, or who fails to respond to any
766	address verification correspondence from the department within 3
767	weeks of the date of the correspondence or who fails to report
768	electronic mail addresses or instant message names, commits a
769	felony of the third degree, punishable as provided in s.
770	775.082, s. 775.083, or s. 775.084.
771	(b)  The sheriff's office shall, within 2 working days,
772	electronically submit and update all information provided by the
773	sexual offender to the department in a manner prescribed by the
774	department. This procedure shall be implemented by December 1,
775	2005.
776	Section 11.  Paragraphs (c) and (d) are added to subsection
777	(1) of section 944.606, Florida Statutes, and paragraph (a) of
778	subsection (3) of that section is amended, to read:
779	944.606  Sexual offenders; notification upon release.--
780	(1)  As used in this section:
781	(c)  "Electronic mail address" has the same meaning as
782	provided in s. 668.602.
783	(d)  "Instant message name" means an identifier that allows
784	a person to communicate in real time with another person using
785	the Internet.
786	(3)(a)  The department must provide information regarding
787	any sexual offender who is being released after serving a period
788	of incarceration for any offense, as follows:
789	1.  The department must provide: the sexual offender's
790	name, any change in the offender's name by reason of marriage or
791	other legal process, and any alias, if known; the correctional
792	facility from which the sexual offender is released; the sexual
793	offender's social security number, race, sex, date of birth,
794	height, weight, and hair and eye color; date and county of
795	sentence and each crime for which the offender was sentenced; a
796	copy of the offender's fingerprints and a digitized photograph
797	taken within 60 days before release; the date of release of the
798	sexual offender; any electronic mail address and any instant
799	message name required to be provided pursuant to s.
800	943.0435(4)(d); and the offender's intended residence address,
801	if known. The department shall notify the Department of Law
802	Enforcement if the sexual offender escapes, absconds, or dies.
803	If the sexual offender is in the custody of a private
804	correctional facility, the facility shall take the digitized
805	photograph of the sexual offender within 60 days before the
806	sexual offender's release and provide this photograph to the
807	Department of Corrections and also place it in the sexual
808	offender's file. If the sexual offender is in the custody of a
809	local jail, the custodian of the local jail shall notify the
810	Department of Law Enforcement of the sexual offender's release
811	and provide to the Department of Law Enforcement the information
812	specified in this paragraph and any information specified in
813	subparagraph 2. that the Department of Law Enforcement requests.
814	2.  The department may provide any other information deemed
815	necessary, including criminal and corrections records,
816	nonprivileged personnel and treatment records, when available.
817	Section 12.  Paragraphs (e) and (f) are added to subsection
818	(1) of section 944.607, Florida Statutes, and paragraph (a) of
819	subsection (4) and subsection (13) of that section are amended,
820	to read:
821	944.607  Notification to Department of Law Enforcement of
822	information on sexual offenders.--
823	(1)  As used in this section, the term:
824	(e)  "Electronic mail address" has the same meaning as
825	provided in s. 668.602.
826	(f)  "Instant message name" means an identifier that allows
827	a person to communicate in real time with another person using
828	the Internet.
829	(4)  A sexual offender, as described in this section, who
830	is under the supervision of the Department of Corrections but is
831	not incarcerated must register with the Department of
832	Corrections and provide information as required by this
833	subsection.
834	(a)  The sexual offender shall provide his or her name;
835	date of birth; social security number; race; sex; height;
836	weight; hair and eye color; tattoos or other identifying marks;
837	any electronic mail address and any instant message name
838	required to be provided pursuant to s. 943.0435(4)(d); and
839	permanent or legal residence and address of temporary residence
840	within the state or out of state while the sexual offender is
841	under supervision in this state, including any rural route
842	address or post office box. The Department of Corrections shall
843	verify the address of each sexual offender in the manner
844	described in ss. 775.21 and 943.0435.
845	(13)(a)  A sexual offender must report in person each year
846	during the month of the sexual offender's birthday and during
847	the sixth month following the sexual offender's birth month to
848	the sheriff's office in the county in which he or she resides or
849	is otherwise located to reregister. The sheriff's office may
850	determine the appropriate times and days for reporting by the
851	sexual offender, which shall be consistent with the reporting
852	requirements of this paragraph. Reregistration shall include any
853	changes to the following information:
854	1.  Name; social security number; age; race; sex; date of
855	birth; height; weight; hair and eye color; address of any
856	permanent residence and address of any current temporary
857	residence, within the state or out of state, including a rural
858	route address and a post office box; any electronic mail address
859	and any instant message name required to be provided pursuant to
860	s. 943.0435(4)(d), date and place of any employment; vehicle
861	make, model, color, and license tag number; fingerprints; and
862	photograph. A post office box shall not be provided in lieu of a
863	physical residential address.
864	2.  If the sexual offender is enrolled, employed, or
865	carrying on a vocation at an institution of higher education in
866	this state, the sexual offender shall also provide to the
867	department the name, address, and county of each institution,
868	including each campus attended, and the sexual offender's
869	enrollment or employment status.
870	3.  If the sexual offender's place of residence is a motor
871	vehicle, trailer, mobile home, or manufactured home, as defined
872	in chapter 320, the sexual offender shall also provide the
873	vehicle identification number; the license tag number; the
874	registration number; and a description, including color scheme,
875	of the motor vehicle, trailer, mobile home, or manufactured
876	home. If the sexual offender's place of residence is a vessel,
877	live-aboard vessel, or houseboat, as defined in chapter 327, the
878	sexual offender shall also provide the hull identification
879	number; the manufacturer's serial number; the name of the
880	vessel, live-aboard vessel, or houseboat; the registration
881	number; and a description, including color scheme, of the
882	vessel, live-aboard vessel, or houseboat.
883	4.  Any sexual offender who fails to report in person as
884	required at the sheriff's office, or who fails to respond to any
885	address verification correspondence from the department within 3
886	weeks of the date of the correspondence or who fails to report
887	electronic mail addresses or instant message names, commits a
888	felony of the third degree, punishable as provided in s.
889	775.082, s. 775.083, and s. 775.084.
890	(b)  The sheriff's office shall, within 2 working days,
891	electronically submit and update all information provided by the
892	sexual offender to the Florida Department of Law Enforcement in
893	a manner prescribed by that the Florida department of Law
894	Enforcement. This procedure shall be implemented by December 1,
895	2005.
896	Section 13.  In the express interest of the protection of
897	citizens, particularly children, who use the Internet, it is the
898	intent of the Legislature that the collection and distribution
899	of the electronic mail address and instant message name
900	information of sexual predators and sexual offenders be
901	maintained and distributed in a manner to maximize public safety
902	benefits while minimizing and avoiding to the greatest extent
903	possible any use of this information for any illegal purposes
904	including harassment and networking among individuals for
905	illegal purposes. Additionally, care should be taken in the
906	distribution of this information to avoid circumstances which
907	allow ready access to such information by minors.
908	Section 14.  Section 943.0437, Florida Statutes, is created
909	to read:
910	943.0437  Commercial social networking websites.--
911	(1)  For the purpose of this section, the term "commercial
912	social networking website" means a commercially operated
913	Internet website that allows users to create web pages or
914	profiles that provide information about themselves and are
915	available publicly or to other users and that offers a mechanism
916	for communication with other users, such as a forum, chat room,
917	electronic mail, or instant messenger.
918	(2)  The department may provide information relating to
919	electronic mail addresses and instant message names maintained
920	as part of the sexual offender registry to commercial social
921	networking websites or third parties designated by commercial
922	social networking websites. The commercial social networking
923	website may use this information for the purpose of comparing
924	registered users and screening potential users of the commercial
925	social networking website against the list of electronic mail
926	addresses and instant message names provided by the department.
927	(3)  This section shall not be construed to impose any
928	civil liability on a commercial social networking website for:
929	(a)  Any action voluntarily taken in good faith to remove
930	or disable any profile of a registered user associated with an
931	electronic mail address or instant message name contained in the
932	sexual offender registry.
933	(b)  Any action taken to restrict access by such registered
934	user to the commercial social networking website.
935	Section 15.  This act shall take effect October 1, 2007.

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