CS/CS/HB 665

1	A bill to be entitled
2	An act relating to sexual offenders and predators;
3	amending s. 775.21, F.S.; revising sexual predator
4	criteria; correcting a cross-reference; revising
5	provisions relating to registration of predators under the
6	supervision of the Department of Corrections; requiring
7	sexual predators to register with the Department of Law
8	Enforcement through a sheriff's office; deleting
9	provisions allowing certain predators to have predator
10	designation removed after a specified period; revising
11	references to applicable federal law; revising provisions
12	relating to verification of addresses; requiring more
13	frequent reregistration for specified offenders; providing
14	specified immunity to the Department of Juvenile Justice;
15	amending s. 943.0435, F.S.; revising criteria for sexual
16	offender designation; revising the definition of the term
17	"conviction" to include certain adjudications of
18	delinquency; revising reporting requirements; revising
19	references to applicable federal law; revising provisions
20	relating to verification of addresses; providing specified
21	immunity to the Department of Juvenile Justice; revising
22	provisions relating to petitions to allow certain
23	offenders to remove the offender designation after a
24	specified period; requiring more frequent reregistration
25	for specified offenders; creating s. 943.04354, F.S.;
26	allowing certain sexual predators and sexual offenders to
27	petition for the removal of the registration requirement;
28	providing that a court may grant the petition if certain
29	criteria are met and removal of the registration
30	requirement will not conflict with federal law; creating
31	s. 943.44353, F.S.; requiring development and maintenance
32	of a system to provide automatic notification of
33	registration information regarding sexual predators and
34	sexual offenders to the public; amending s. 943.0515,
35	F.S.; requiring retention of records of minors adjudicated
36	delinquent of specified sexual offenses; amending s.
37	944.606, F.S.; revising criteria for sexual offender
38	designation; providing registration and notification
39	duties for a custodian of a local jail regarding sexual
40	offenders; amending s. 944.607, F.S.; revising the
41	definition of a sexual offender for notification purposes;
42	revising duties of clerks of court; revising registration
43	requirements; providing registration and notification
44	duties for a custodian of a local jail regarding sexual
45	offenders; providing specified immunity to the Department
46	of Juvenile Justice; requiring more frequent
47	reregistration for specified offenders; amending ss.
48	947.005 and 948.001, F.S.; revising the definition of the
49	term "qualified practitioner" for purposes of certain sex
50	offender treatment programs; amending s. 985.04, F.S.;
51	providing that specified sexual predator and offender
52	registration information is public record; amending s.
53	985.045, F.S.; conforming a provision; creating s.
54	985.481, F.S.; providing for notification upon release of
55	specified juvenile sexual offenders; providing for
56	availability of specified information concerning such
57	offenders; providing immunity for specified officials;
58	creating s. 985.4815, F.S.; providing for notification to
59	the Department of Law Enforcement concerning specified
60	juvenile sexual offenders; providing definitions;
61	providing duties of clerks of court; providing
62	registration requirements; requiring specified information
63	to be made available to the Department of Law Enforcement;
64	providing duties of a custodian of a local jail; providing
65	for forwarding of information for specified offenders
66	under federal supervision; providing penalties for failure
67	to comply with requirements; providing venue for
68	prosecution of specified offenses; providing for the
69	effect of certain actions; providing that registration
70	following certain actions does not provide a defense to
71	specified charges; providing immunity for specified
72	agencies and persons for certain actions; prohibiting
73	certain acts concerning offenders; providing criminal
74	penalties; providing reporting requirements for offenders;
75	amending s. 921.0022, F.S.; including specified offenses
76	within the offense severity ranking chart of the Criminal
77	Punishment Code; providing an effective date.
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1.  Paragraphs (a) and (c) of subsection (4),
82	paragraphs (a), (b), (c), (e), and (l) of subsection (6),
83	subsections (8) and (9), and paragraph (b) of subsection (10) of
84	section 775.21, Florida Statutes, are amended to read:
85	775.21  The Florida Sexual Predators Act.--
86	(4)  SEXUAL PREDATOR CRITERIA.--
87	(a)  For a current offense committed on or after October 1,
88	1993, upon conviction, an offender shall be designated as a
89	"sexual predator" under subsection (5), and subject to
90	registration under subsection (6) and community and public
91	notification under subsection (7) if:
92	1.  The felony is:
93	a.  A capital, life, or first-degree felony violation, or
94	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
95	is a minor and the defendant is not the victim's parent or
96	guardian, or s. 794.011 of chapter 794, s. 800.04, or s.
97	847.0145, or a violation of a similar law of another
98	jurisdiction; or
99	b.  Any felony violation, or any attempt thereof, of s.
100	787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
101	minor and the defendant is not the victim's parent or guardian;
102	s. 794.011 chapter 794, excluding s. ss. 794.011(10); s. 794.05
103	and 794.0235; s. 796.03; s. 796.035; s. 800.04; s.
104	825.1025(2)(b); s. 827.071; s. 847.0145; or s. 985.701(1); or a
105	violation of a similar law of another jurisdiction, and the
106	offender has previously been convicted of or found to have
107	committed, or has pled nolo contendere or guilty to, regardless
108	of adjudication, any violation of s. 787.01, s. 787.02, or s.
109	787.025(2)(c), where the victim is a minor and the defendant is
110	not the victim's parent or guardian; s. 794.011, excluding s.
111	794.011(10) (2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
112	796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
113	847.0135, excluding s. 847.0135(4); s. 847.0145; or s.
114	985.701(1); or a violation of a similar law of another
115	jurisdiction;
116	2.  The offender has not received a pardon for any felony
117	or similar law of another jurisdiction that is necessary for the
118	operation of this paragraph; and
119	3.  A conviction of a felony or similar law of another
120	jurisdiction necessary to the operation of this paragraph has
121	not been set aside in any postconviction proceeding.
122	(c)  If an offender has been registered as a sexual
123	predator by the Department of Corrections, the department, or
124	any other law enforcement agency and if:
125	1.  The court did not, for whatever reason, make a written
126	finding at the time of sentencing that the offender was a sexual
127	predator; or
128	2.  The offender was administratively registered as a
129	sexual predator because the Department of Corrections, the
130	department, or any other law enforcement agency obtained
131	information that indicated that the offender met the criteria
132	for designation as a sexual predator based on a violation of a
133	similar law in another jurisdiction,
134
135	the department shall remove that offender from the department's
136	list of sexual predators and, for an offender described under
137	subparagraph 1., shall notify the state attorney who prosecuted
138	the offense that met the criteria for administrative designation
139	as a sexual predator, and, for an offender described under this
140	paragraph subparagraph, shall notify the state attorney of the
141	county where the offender establishes or maintains a permanent
142	or temporary residence. The state attorney shall bring the
143	matter to the court's attention in order to establish that the
144	offender meets the criteria for designation as a sexual
145	predator. If the court makes a written finding that the offender
146	is a sexual predator, the offender must be designated as a
147	sexual predator, must register or be registered as a sexual
148	predator with the department as provided in subsection (6), and
149	is subject to the community and public notification as provided
150	in subsection (7). If the court does not make a written finding
151	that the offender is a sexual predator, the offender may not be
152	designated as a sexual predator with respect to that offense and
153	is not required to register or be registered as a sexual
154	predator with the department.
155	(6)  REGISTRATION.--
156	(a)  A sexual predator must register with the department
157	through the sheriff's office by providing the following
158	information to the department:
159	1.  Name, social security number, age, race, sex, date of
160	birth, height, weight, hair and eye color, photograph, address
161	of legal residence and address of any current temporary
162	residence, within the state or out of state, including a rural
163	route address and a post office box, date and place of any
164	employment, date and place of each conviction, fingerprints, and
165	a brief description of the crime or crimes committed by the
166	offender. A post office box shall not be provided in lieu of a
167	physical residential address.
168	a.  If the sexual predator's place of residence is a motor
169	vehicle, trailer, mobile home, or manufactured home, as defined
170	in chapter 320, the sexual predator shall also provide to the
171	department written notice of the vehicle identification number;
172	the license tag number; the registration number; and a
173	description, including color scheme, of the motor vehicle,
174	trailer, mobile home, or manufactured home. If a sexual
175	predator's place of residence is a vessel, live-aboard vessel,
176	or houseboat, as defined in chapter 327, the sexual predator
177	shall also provide to the department written notice of the hull
178	identification number; the manufacturer's serial number; the
179	name of the vessel, live-aboard vessel, or houseboat; the
180	registration number; and a description, including color scheme,
181	of the vessel, live-aboard vessel, or houseboat.
182	b.  If the sexual predator is enrolled, employed, or
183	carrying on a vocation at an institution of higher education in
184	this state, the sexual predator shall also provide to the
185	department the name, address, and county of each institution,
186	including each campus attended, and the sexual predator's
187	enrollment or employment status. Each change in enrollment or
188	employment status shall be reported in person at the sheriff's
189	office, or the Department of Corrections if the sexual predator
190	is in the custody or control of or under the supervision of the
191	Department of Corrections, within 48 hours after any change in
192	status. The sheriff or the Department of Corrections shall
193	promptly notify each institution of the sexual predator's
194	presence and any change in the sexual predator's enrollment or
195	employment status.
196	2.  Any other information determined necessary by the
197	department, including criminal and corrections records;
198	nonprivileged personnel and treatment records; and evidentiary
199	genetic markers when available.
200	(b)  If the sexual predator is in the custody or control
201	of, or under the supervision of, the Department of Corrections,
202	or is in the custody of a private correctional facility, the
203	sexual predator must register with the Department of
204	Corrections. A sexual predator who is under the supervision of
205	the Department of Corrections but is not incarcerated must
206	register with the Department of Corrections within 3 business
207	days after the court finds the offender to be a sexual predator.
208	The Department of Corrections shall provide to the department
209	registration information and the location of, and local
210	telephone number for, any Department of Corrections office that
211	is responsible for supervising the sexual predator. In addition,
212	the Department of Corrections shall notify the department if the
213	sexual predator escapes or absconds from custody or supervision
214	or if the sexual predator dies.
215	(c)  If the sexual predator is in the custody of a local
216	jail, the custodian of the local jail shall register the sexual
217	predator within 3 business days after intake of the sexual
218	predator for any reason and again upon release and forward the
219	registration information to the department. The custodian of the
220	local jail shall also take a digitized photograph of the sexual
221	predator while the sexual predator remains in custody and shall
222	provide the digitized photograph to the department. The
223	custodian shall notify the department if the sexual predator
224	escapes from custody or dies.
225	(e)1.  If the sexual predator is not in the custody or
226	control of, or under the supervision of, the Department of
227	Corrections, or is not in the custody of a private correctional
228	facility, the sexual predator shall register in person:
229	a.  At the sheriff's office in the county where he or she
230	establishes or maintains a residence within 48 hours after
231	establishing or maintaining a residence in the state; and
232	b.  At the sheriff's office in the county where he or she
233	was designated a sexual predator by the court within 48 hours
234	after such finding is made.
235	2.  and establishes or maintains a residence in the state,
236	the sexual predator shall register in person at the sheriff's
237	office in the county in which the predator establishes or
238	maintains a residence, within 48 hours after establishing
239	permanent or temporary residence in this state. Any change in
240	the sexual predator's permanent or temporary residence or name,
241	after the sexual predator registers in person at the sheriff's
242	office as provided in subparagraph 1., shall be accomplished in
243	the manner provided in paragraphs (g), (i), and (j). When a
244	sexual predator registers with the sheriff's office, the sheriff
245	shall take a photograph and a set of fingerprints of the
246	predator and forward the photographs and fingerprints to the
247	department, along with the information that the predator is
248	required to provide pursuant to this section.
249	(l)  A sexual predator must maintain registration with the
250	department for the duration of his or her life, unless the
251	sexual predator has received a full pardon or has had a
252	conviction set aside in a postconviction proceeding for any
253	offense that met the criteria for the sexual predator
254	designation. However, a sexual predator who was designated as a
255	sexual predator by a court before October 1, 1998, and who has
256	been lawfully released from confinement, supervision, or
257	sanction, whichever is later, for at least 10 years and has not
258	been arrested for any felony or misdemeanor offense since
259	release, may petition the criminal division of the circuit court
260	in the circuit in which the sexual predator resides for the
261	purpose of removing the sexual predator designation. A sexual
262	predator who was designated a sexual predator by a court on or
263	after October 1, 1998, who has been lawfully released from
264	confinement, supervision, or sanction, whichever is later, for
265	at least 20 years, and who has not been arrested for any felony
266	or misdemeanor offense since release may petition the criminal
267	division of the circuit court in the circuit in which the sexual
268	predator resides for the purpose of removing the sexual predator
269	designation. A sexual predator who was designated as a sexual
270	predator by a court on or after September 1, 2005, who has been
271	lawfully released from confinement, supervision, or sanction,
272	whichever is later, for at least 30 years, and who has not been
273	arrested for any felony or misdemeanor offense since release may
274	petition the criminal division of the circuit court in the
275	circuit in which the sexual predator resides for the purpose of
276	removing the sexual predator designation. The court may grant or
277	deny such relief if the petitioner demonstrates to the court
278	that he or she has not been arrested for any crime since
279	release, the requested relief complies with the provisions of
280	the federal Jacob Wetterling Act, as amended, and any other
281	federal standards applicable to the removal of the designation
282	as a sexual predator or required to be met as a condition for
283	the receipt of federal funds by the state, and the court is
284	otherwise satisfied that the petitioner is not a current or
285	potential threat to public safety. The state attorney in the
286	circuit in which the petition is filed must be given notice of
287	the petition at least 3 weeks before the hearing on the matter.
288	The state attorney may present evidence in opposition to the
289	requested relief or may otherwise demonstrate the reasons why
290	the petition should be denied. If the court denies the petition,
291	the court may set a future date at which the sexual predator may
292	again petition the court for relief, subject to the standards
293	for relief provided in this paragraph. Unless specified in the
294	order, a sexual predator who is granted relief under this
295	paragraph must comply with the requirements for registration as
296	a sexual offender and other requirements provided under s.
297	943.0435 or s. 944.607. If a petitioner obtains an order from
298	the court that imposed the order designating the petitioner as a
299	sexual predator which removes such designation, the petitioner
300	shall forward a certified copy of the written findings or order
301	to the department in order to have the sexual predator
302	designation removed from the sexual predator registry.
303
304	The sheriff shall promptly provide to the department the
305	information received from the sexual predator.
306	(8)  VERIFICATION.--The department and the Department of
307	Corrections shall implement a system for verifying the addresses
308	of sexual predators. The system must be consistent with the
309	provisions of the federal Adam Walsh Child Protection and Safety
310	Act of 2006, Pub. L. No. 109-248, Jacob Wetterling Act, as
311	amended, and any other federal standards applicable to such
312	verification or required to be met as a condition for the
313	receipt of federal funds by the state. The Department of
314	Corrections shall verify the addresses of sexual predators who
315	are not incarcerated but who reside in the community under the
316	supervision of the Department of Corrections and shall report to
317	the department any failure by a sexual predator to comply with
318	registration requirements. County and local law enforcement
319	agencies, in conjunction with the department, shall verify the
320	addresses of sexual predators who are not under the care,
321	custody, control, or supervision of the Department of
322	Corrections. Local law enforcement agencies shall report to the
323	department any failure by a sexual predator to comply with
324	registration requirements.
325	(a)  A sexual predator must report in person each year
326	during the month of the sexual predator's birthday and during
327	every third the sixth month thereafter following the sexual
328	predator's birth month to the sheriff's office in the county in
329	which he or she resides or is otherwise located to reregister.
330	The sheriff's office may determine the appropriate times and
331	days for reporting by the sexual predator, which shall be
332	consistent with the reporting requirements of this paragraph.
333	Reregistration shall include any changes to the following
334	information:
335	1.  Name; social security number; age; race; sex; date of
336	birth; height; weight; hair and eye color; address of any
337	permanent residence and address of any current temporary
338	residence, within the state or out of state, including a rural
339	route address and a post office box; date and place of any
340	employment; vehicle make, model, color, and license tag number;
341	fingerprints; and photograph. A post office box shall not be
342	provided in lieu of a physical residential address.
343	2.  If the sexual predator is enrolled, employed, or
344	carrying on a vocation at an institution of higher education in
345	this state, the sexual predator shall also provide to the
346	department the name, address, and county of each institution,
347	including each campus attended, and the sexual predator's
348	enrollment or employment status.
349	3.  If the sexual predator's place of residence is a motor
350	vehicle, trailer, mobile home, or manufactured home, as defined
351	in chapter 320, the sexual predator shall also provide the
352	vehicle identification number; the license tag number; the
353	registration number; and a description, including color scheme,
354	of the motor vehicle, trailer, mobile home, or manufactured
355	home. If the sexual predator's place of residence is a vessel,
356	live-aboard vessel, or houseboat, as defined in chapter 327, the
357	sexual predator shall also provide the hull identification
358	number; the manufacturer's serial number; the name of the
359	vessel, live-aboard vessel, or houseboat; the registration
360	number; and a description, including color scheme, of the
361	vessel, live-aboard vessel, or houseboat.
362	(b)  The sheriff's office shall, within 2 working days,
363	electronically submit and update all information provided by the
364	sexual predator to the department in a manner prescribed by the
365	department. This procedure shall be implemented by December 1,
366	2005.
367	(9)  IMMUNITY.--The department, the Department of Highway
368	Safety and Motor Vehicles, the Department of Corrections, the
369	Department of Juvenile Justice, any law enforcement agency in
370	this state, and the personnel of those departments; an elected
371	or appointed official, public employee, or school administrator;
372	or an employee, agency, or any individual or entity acting at
373	the request or upon the direction of any law enforcement agency
374	is immune from civil liability for damages for good faith
375	compliance with the requirements of this section or for the
376	release of information under this section, and shall be presumed
377	to have acted in good faith in compiling, recording, reporting,
378	or releasing the information. The presumption of good faith is
379	not overcome if a technical or clerical error is made by the
380	department, the Department of Highway Safety and Motor Vehicles,
381	the Department of Corrections, the Department of Juvenile
382	Justice, the personnel of those departments, or any individual
383	or entity acting at the request or upon the direction of any of
384	those departments in compiling or providing information, or if
385	information is incomplete or incorrect because a sexual predator
386	fails to report or falsely reports his or her current place of
387	permanent or temporary residence.
388	(10)  PENALTIES.--
389	(b)  A sexual predator who has been convicted of or found
390	to have committed, or has pled nolo contendere or guilty to,
391	regardless of adjudication, any violation, or attempted
392	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
393	the victim is a minor and the defendant is not the victim's
394	parent or guardian; s. 794.011, excluding s. 794.011(10) (2),
395	(3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
396	800.04; s. 827.071; s. 847.0133; s. 847.0145; or s. 985.701(1);
397	or a violation of a similar law of another jurisdiction when the
398	victim of the offense was a minor, and who works, whether for
399	compensation or as a volunteer, at any business, school, day
400	care center, park, playground, or other place where children
401	regularly congregate, commits a felony of the third degree,
402	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
403	Section 2.  Paragraphs (a) and (b) of subsection (1) and
404	subsections (2), (6), (10), (11), and (14) of section 943.0435,
405	Florida Statutes, are amended to read:
406	943.0435  Sexual offenders required to register with the
407	department; penalty.--
408	(1)  As used in this section, the term:
409	(a)1.  "Sexual offender" means a person who meets the
410	criteria in sub-subparagraph a., sub-subparagraph b., sub-
411	subparagraph c., or sub-subparagraph d. subparagraph 1.,
412	subparagraph 2., or subparagraph 3., as follows:
413	a.(I)1.a.  Has been convicted of committing, or attempting,
414	soliciting, or conspiring to commit, any of the criminal
415	offenses proscribed in the following statutes in this state or
416	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
417	or s. 787.025(2)(c), where the victim is a minor and the
418	defendant is not the victim's parent or guardian; s. 794.011
419	chapter 794, excluding s. ss. 794.011(10); s. 794.05 and
420	794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
421	827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s.
422	847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
423	similar offense committed in this state which has been
424	redesignated from a former statute number to one of those listed
425	in this sub-sub-subparagraph sub-subparagraph; and
426	(II)b.  Has been released on or after October 1, 1997, from
427	the sanction imposed for any conviction of an offense described
428	in sub-sub-subparagraph (I) sub-subparagraph a. For purposes of
429	sub-sub-subparagraph (I) sub-subparagraph a., a sanction imposed
430	in this state or in any other jurisdiction includes, but is not
431	limited to, a fine, probation, community control, parole,
432	conditional release, control release, or incarceration in a
433	state prison, federal prison, private correctional facility, or
434	local detention facility;
435	b.2.  Establishes or maintains a residence in this state
436	and who has not been designated as a sexual predator by a court
437	of this state but who has been designated as a sexual predator,
438	as a sexually violent predator, or by another sexual offender
439	designation in another state or jurisdiction and was, as a
440	result of such designation, subjected to registration or
441	community or public notification, or both, or would be if the
442	person were a resident of that state or jurisdiction, without
443	regard to whether the person otherwise meets the criteria for
444	registration as a sexual offender; or
445	c.3.  Establishes or maintains a residence in this state
446	who is in the custody or control of, or under the supervision
447	of, any other state or jurisdiction as a result of a conviction
448	for committing, or attempting, soliciting, or conspiring to
449	commit, any of the criminal offenses proscribed in the following
450	statutes or similar offense in another jurisdiction: s. 787.01,
451	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
452	the defendant is not the victim's parent or guardian; s. 794.011
453	chapter 794, excluding s. ss. 794.011(10) and 794.0235; s.
454	794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
455	827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s.
456	847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
457	similar offense committed in this state which has been
458	redesignated from a former statute number to one of those listed
459	in this sub-subparagraph subparagraph.
460	d.  On or after July 1, 2007, has been adjudicated
461	delinquent for committing, or attempting, soliciting, or
462	conspiring to commit such offense, any of the criminal offenses
463	proscribed in the following statutes in this state or similar
464	offenses in another jurisdiction when the juvenile was 14 years
465	of age or older at the time of the offense:
466	(I)  Section 794.011, excluding s. 794.011(10);
467	(II)  Section 800.04(4)(b) where the victim is less than 12
468	years of age or where the court finds sexual activity by use of
469	force or coercion;
470	(III)  Section 800.04(5)(c)1. where the court finds
471	molestation involving unclothed genitals;
472	(IV)  Section 800.04(5)(d) where the court finds use of
473	force or coercion and unclothed genitals.
474	2.  For all qualifying offenses listed in sub-subparagraph
475	(1)(a)1.d., the court shall make a written finding of the age of
476	the offender at the time of the offense.
477
478	For each violation of a qualifying offense listed in this
479	section, the court shall make a written finding of the age of
480	the victim at the time of the offense. For a violation of s.
481	800.04(4), the court shall additionally make a written finding
482	indicating that the offense did or did not involve sexual
483	activity and indicating that the offense did or did not involve
484	force or coercion. For a violation of s. 800.04(5), the court
485	shall additionally make a written finding that the offense did
486	or did not involve unclothed genitals or genital area and that
487	the offense did or did not involve use of force or coercion.
488	(b)  "Convicted" means that there has been a determination
489	of guilt as a result of a trial or the entry of a plea of guilty
490	or nolo contendere, regardless of whether adjudication is
491	withheld, and includes an adjudication of delinquency of a
492	juvenile as specified in this section. Conviction of a similar
493	offense includes, but is not limited to, a conviction by a
494	federal or military tribunal, including courts-martial conducted
495	by the Armed Forces of the United States, and includes a
496	conviction or entry of a plea of guilty or nolo contendere
497	resulting in a sanction in any state of the United States or
498	other jurisdiction. A sanction includes, but is not limited to,
499	a fine, probation, community control, parole, conditional
500	release, control release, or incarceration in a state prison,
501	federal prison, private correctional facility, or local
502	detention facility.
503	(2)  A sexual offender shall:
504	(a)  Report in person at the sheriff's office:
505	1.  In the county in which the offender establishes or
506	maintains a permanent or temporary residence, within 48 hours
507	after:
508	a.  Establishing permanent or temporary residence in this
509	state; or
510	b.  within 48 hours after Being released from the custody,
511	control, or supervision of the Department of Corrections or from
512	the custody of a private correctional facility.
513	2.  In the county where he or she was convicted within 48
514	hours after being convicted for a qualifying offense for
515	registration under this section if the offender is not in the
516	custody or control of, or under the supervision of, the
517	Department of Corrections, or is not in the custody of a private
518	correctional facility.
519	3.  Any change in the sexual offender's permanent or
520	temporary residence or name, after the sexual offender reports
521	in person at the sheriff's office, shall be accomplished in the
522	manner provided in subsections (4), (7), and (8).
523	(b)  Provide his or her name, date of birth, social
524	security number, race, sex, height, weight, hair and eye color,
525	tattoos or other identifying marks, occupation and place of
526	employment, address of permanent or legal residence or address
527	of any current temporary residence, within the state and out of
528	state, including a rural route address and a post office box,
529	date and place of each conviction, and a brief description of
530	the crime or crimes committed by the offender. A post office box
531	shall not be provided in lieu of a physical residential address.
532	1.  If the sexual offender's place of residence is a motor
533	vehicle, trailer, mobile home, or manufactured home, as defined
534	in chapter 320, the sexual offender shall also provide to the
535	department through the sheriff's office written notice of the
536	vehicle identification number; the license tag number; the
537	registration number; and a description, including color scheme,
538	of the motor vehicle, trailer, mobile home, or manufactured
539	home. If the sexual offender's place of residence is a vessel,
540	live-aboard vessel, or houseboat, as defined in chapter 327, the
541	sexual offender shall also provide to the department written
542	notice of the hull identification number; the manufacturer's
543	serial number; the name of the vessel, live-aboard vessel, or
544	houseboat; the registration number; and a description, including
545	color scheme, of the vessel, live-aboard vessel, or houseboat.
546	2.  If the sexual offender is enrolled, employed, or
547	carrying on a vocation at an institution of higher education in
548	this state, the sexual offender shall also provide to the
549	department through the sheriff's office the name, address, and
550	county of each institution, including each campus attended, and
551	the sexual offender's enrollment or employment status. Each
552	change in enrollment or employment status shall be reported in
553	person at the sheriff's office, within 48 hours after any change
554	in status. The sheriff shall promptly notify each institution of
555	the sexual offender's presence and any change in the sexual
556	offender's enrollment or employment status.
557
558	When a sexual offender reports at the sheriff's office, the
559	sheriff shall take a photograph and a set of fingerprints of the
560	offender and forward the photographs and fingerprints to the
561	department, along with the information provided by the sexual
562	offender. The sheriff shall promptly provide to the department
563	the information received from the sexual offender.
564	(6)  County and local law enforcement agencies, in
565	conjunction with the department, shall verify the addresses of
566	sexual offenders who are not under the care, custody, control,
567	or supervision of the Department of Corrections in a manner that
568	is consistent with the provisions of the federal Adam Walsh
569	Child Protection and Safety Act of 2006, Pub. L. No. 109-248,
570	Jacob Wetterling Act, as amended, and any other federal
571	standards applicable to such verification or required to be met
572	as a condition for the receipt of federal funds by the state.
573	Local law enforcement agencies shall report to the department
574	any failure by a sexual offender to comply with registration
575	requirements.
576	(10)  The department, the Department of Highway Safety and
577	Motor Vehicles, the Department of Corrections, the Department of
578	Juvenile Justice, any law enforcement agency in this state, and
579	the personnel of those departments; an elected or appointed
580	official, public employee, or school administrator; or an
581	employee, agency, or any individual or entity acting at the
582	request or upon the direction of any law enforcement agency is
583	immune from civil liability for damages for good faith
584	compliance with the requirements of this section or for the
585	release of information under this section, and shall be presumed
586	to have acted in good faith in compiling, recording, reporting,
587	or releasing the information. The presumption of good faith is
588	not overcome if a technical or clerical error is made by the
589	department, the Department of Highway Safety and Motor Vehicles,
590	the Department of Corrections, the Department of Juvenile
591	Justice, the personnel of those departments, or any individual
592	or entity acting at the request or upon the direction of any of
593	those departments in compiling or providing information, or if
594	information is incomplete or incorrect because a sexual offender
595	fails to report or falsely reports his or her current place of
596	permanent or temporary residence.
597	(11)  Except as provided in s. 943.04354, a sexual offender
598	must maintain registration with the department for the duration
599	of his or her life, unless the sexual offender has received a
600	full pardon or has had a conviction set aside in a
601	postconviction proceeding for any offense that meets the
602	criteria for classifying the person as a sexual offender for
603	purposes of registration. However, a sexual offender:
604	(a)1.  Who has been lawfully released from confinement,
605	supervision, or sanction, whichever is later, for at least 25 20
606	years and has not been arrested for any felony or misdemeanor
607	offense since release, provided that the sexual offender's
608	requirement to register was not based upon an adult conviction
609	for:
610	a.  A violation of s. 787.01 or s. 787.02;
611	b.  A violation of s. 794.011, excluding s. 794.011(10);
612	c.  A violation of s. 800.04(4)(b) where the court finds
613	the offense involved a victim less than 12 years of age or
614	sexual activity by force or coercion;
615	d.  A violation of s. 800.04(5)(b);
616	e.  A violation of s. 800.04(5)(c)2. where the court finds
617	the offense involved unclothed genitals or genital area;
618	f.  Any attempt or conspiracy to commit any such offense;
619	or
620	g.  A violation of similar law of another jurisdiction,; or
621	(b)  Who was 18 years of age or under at the time the
622	offense was committed and the victim was 12 years of age or
623	older and adjudication was withheld for that offense, who is
624	released from all sanctions, who has had 10 years elapse since
625	having been placed on probation, and who has not been arrested
626	for any felony or misdemeanor offense since the date of
627	conviction of the qualifying offense
628
629	may petition the criminal division of the circuit court of the
630	circuit in which the sexual offender resides for the purpose of
631	removing the requirement for registration as a sexual offender.
632	2.  The court may grant or deny such relief if the offender
633	demonstrates to the court that he or she has not been arrested
634	for any crime since release; the requested relief complies with
635	the provisions of the federal Adam Walsh Child Protection and
636	Safety Act of 2006, Pub. L. No. 109-248, Jacob Wetterling Act,
637	as amended, and any other federal standards applicable to the
638	removal of registration requirements for a sexual offender or
639	required to be met as a condition for the receipt of federal
640	funds by the state; and the court is otherwise satisfied that
641	the offender is not a current or potential threat to public
642	safety. The state attorney in the circuit in which the petition
643	is filed must be given notice of the petition at least 3 weeks
644	before the hearing on the matter. The state attorney may present
645	evidence in opposition to the requested relief or may otherwise
646	demonstrate the reasons why the petition should be denied. If
647	the court denies the petition, the court may set a future date
648	at which the sexual offender may again petition the court for
649	relief, subject to the standards for relief provided in this
650	subsection.
651	3.  The department shall remove an offender from
652	classification as a sexual offender for purposes of registration
653	if the offender provides to the department a certified copy of
654	the court's written findings or order that indicates that the
655	offender is no longer required to comply with the requirements
656	for registration as a sexual offender.
657	(b)(c)  As defined in sub-subparagraph (1)(a)1.b.
658	subparagraph (1)(a)2. must maintain registration with the
659	department for the duration of his or her life until the person
660	provides the department with an order issued by the court that
661	designated the person as a sexual predator, as a sexually
662	violent predator, or by another sexual offender designation in
663	the state or jurisdiction in which the order was issued which
664	states that such designation has been removed or demonstrates to
665	the department that such designation, if not imposed by a court,
666	has been removed by operation of law or court order in the state
667	or jurisdiction in which the designation was made, and provided
668	such person no longer meets the criteria for registration as a
669	sexual offender under the laws of this state.
670	(14)(a)  A sexual offender must report in person each year
671	during the month of the sexual offender's birthday and during
672	the sixth month following the sexual offender's birth month to
673	the sheriff's office in the county in which he or she resides or
674	is otherwise located to reregister.
675	(b)  However, a sexual offender who is required to register
676	as a result of a conviction for:
677	1.  Section 787.01 or s. 787.02 where the victim is a minor
678	and the offender is not the victim's parent or guardian;
679	2.  Section 794.011, excluding s. 794.011(10);
680	3.  Section 800.04(4)(b) where the court finds the offense
681	involved a victim less than 12 years of age or sexual activity
682	by use of force or coercion;
683	4.  Section 800.04(5)(b);
684	5.  Section 800.04(5)(c)1. where the court finds
685	molestation involving unclothed genitals or genital area;
686	6.  Section 800.04(5)(c)2. where the court finds
687	molestation involving unclothed genitals or genital area;
688	7.  Section 800.04(5)(d) where the court finds use of force
689	or coercion and unclothed genitals or genital area;
690	8.  Any attempt or conspiracy to commit such offense; or
691	9.  A violation of a similar law of another jurisdiction
692
693	must reregister each year during the month of the sexual
694	offender's birthday and every third month thereafter.
695	(c)  The sheriff's office may determine the appropriate
696	times and days for reporting by the sexual offender, which shall
697	be consistent with the reporting requirements of this subsection
698	paragraph. Reregistration shall include any changes to the
699	following information:
700	1.  Name; social security number; age; race; sex; date of
701	birth; height; weight; hair and eye color; address of any
702	permanent residence and address of any current temporary
703	residence, within the state or out of state, including a rural
704	route address and a post office box; date and place of any
705	employment; vehicle make, model, color, and license tag number;
706	fingerprints; and photograph. A post office box shall not be
707	provided in lieu of a physical residential address.
708	2.  If the sexual offender is enrolled, employed, or
709	carrying on a vocation at an institution of higher education in
710	this state, the sexual offender shall also provide to the
711	department the name, address, and county of each institution,
712	including each campus attended, and the sexual offender's
713	enrollment or employment status.
714	3.  If the sexual offender's place of residence is a motor
715	vehicle, trailer, mobile home, or manufactured home, as defined
716	in chapter 320, the sexual offender shall also provide the
717	vehicle identification number; the license tag number; the
718	registration number; and a description, including color scheme,
719	of the motor vehicle, trailer, mobile home, or manufactured
720	home. If the sexual offender's place of residence is a vessel,
721	live-aboard vessel, or houseboat, as defined in chapter 327, the
722	sexual offender shall also provide the hull identification
723	number; the manufacturer's serial number; the name of the
724	vessel, live-aboard vessel, or houseboat; the registration
725	number; and a description, including color scheme, of the
726	vessel, live-aboard vessel or houseboat.
727	4.  Any sexual offender who fails to report in person as
728	required at the sheriff's office, or who fails to respond to any
729	address verification correspondence from the department within 3
730	weeks of the date of the correspondence, commits a felony of the
731	third degree, punishable as provided in s. 775.082, s. 775.083,
732	or s. 775.084.
733	(d)(b)  The sheriff's office shall, within 2 working days,
734	electronically submit and update all information provided by the
735	sexual offender to the department in a manner prescribed by the
736	department. This procedure shall be implemented by December 1,
737	2005.
738	Section 3.  Section 943.04354, Florida Statutes, is created
739	to read:
740	943.04354  Removal of sexual offender or predator
741	registration requirement in special circumstances.--
742	(1)  For purposes of this section, a person shall be
743	considered for removal of the requirement to register as a
744	sexual offender or sexual predator only if the person:
745	(a)  Was or will be convicted or adjudicated delinquent of
746	a violation of s. 794.011 or s. 800.04, or the person committed
747	a violation of s. 794.011 or s. 800.04 for which adjudication of
748	guilt was or will be withheld, and the person does not have any
749	other conviction, adjudication of delinquency, or withholding of
750	adjudication of guilt for a violation of s. 794.011 or s.
751	800.04;
752	(b)  Is required to register as a sexual offender or sexual
753	predator solely on the basis of this violation; and
754	(c)  Is not more than 4 years older than the victim of this
755	violation who was 14 years of age or older but not more than 17
756	years of age at the time the person committed this violation.
757	(2)  If a person meets the criteria in subsection (1) and
758	the violation of s. 794.011 or s. 800.04 was committed on or
759	after July 1, 2007, the person may move the court that will
760	sentence or dispose of this violation to remove the requirement
761	that the person register as a sexual offender or sexual
762	predator. The person must allege in the motion that he or she
763	meets the criteria in subsection (1) and that removal of the
764	registration requirement will not conflict with federal law. The
765	state attorney must be given notice of the motion at least 21
766	days before the date of sentencing or disposition of this
767	violation, and may present evidence in opposition to the
768	requested relief or may otherwise demonstrate why the motion
769	should be denied. At sentencing or disposition of this
770	violation, the court shall rule on this motion and, if the court
771	determines the person meets the criteria in subsection (1) and
772	the removal of the registration requirement will not conflict
773	with federal law, it may grant the motion and order the removal
774	of the registration requirement. If the court denies the motion,
775	the person is not authorized under this section to petition for
776	removal of the registration requirement.
777	(3)(a)  This subsection applies to a person who:
778	1.  Is not a person described in subsection (2) because the
779	violation of s. 794.011 or s. 800.04 was not committed on or
780	after July 1, 2007;
781	2.  Is subject to registration as a sexual offender or
782	sexual predator for a violation of s. 794.011 or s. 800.04; and
783	3.  Meets the criteria in subsection (1).
784	(b)  A person may petition the court in which the sentence
785	or disposition for the violation of s. 794.011 or s. 800.04
786	occurred for removal of the requirement to register as a sexual
787	offender or sexual predator. The person must allege in the
788	petition that he or she meets the criteria in subsection (1) and
789	removal of the registration requirement will not conflict with
790	federal law. The state attorney must be given notice of the
791	petition at least 21 days before the hearing on the petition
792	and, may present evidence in opposition to the requested relief
793	or may otherwise demonstrate why the petition should be denied.
794	The court shall rule on the petition and, if the court
795	determines the person meets the criteria in subsection (1) and
796	removal of the registration requirement will not conflict with
797	federal law, it may grant the petition and order the removal of
798	the registration requirement. If the court denies the petition,
799	the person is not authorized under this section to file any
800	further petition for removal of the registration requirement.
801	(4)  If a person provides to the department a certified
802	copy of the court's order removing the requirement that the
803	person register as a sexual offender or sexual predator for the
804	violation of s. 794.011 or s. 800.04, the registration
805	requirement will not apply to the person and the department
806	shall remove all information about the person from the public
807	registry of sexual offenders and sexual predators maintained by
808	the department. However, the removal of this information from
809	the public registry does not mean that the public is denied
810	access to information about the person's criminal history or
811	record that is otherwise available as a public record.
812	Section 4.  Section 943.44353, Florida Statutes, is created
813	to read:
814	943.44353  Automatic notification of registration
815	information regarding sexual predators and offenders.--
816	(1)  No later than January 1, 2008, the department shall
817	develop and maintain a system to provide automatic notification
818	of registration information regarding sexual predators and
819	sexual offenders to the public.
820	(2)  In accordance with the federal Adam Walsh Child
821	Protection and Safety Act of 2006, Pub. L. No. 109-248, schools,
822	public housing agencies, agencies responsible for conducting
823	employment-related background checks under s. 3 of the National
824	Child Protection Act of 1993, 42 U.S.C. s. 5119a, as amended,
825	social service entities responsible for protecting minors in the
826	child welfare system, volunteer organizations in which contact
827	with minors or other vulnerable individuals might occur, and any
828	other such organization, company, or individual shall have
829	access to the notification system.
830	Section 5.  Subsection (3) is added to section 943.0515,
831	Florida Statutes, to read:
832	943.0515  Retention of criminal history records of
833	minors.--
834	(3)  Notwithstanding any other provision of this section,
835	the Criminal Justice Information Program shall retain the
836	criminal history record of a minor adjudicated delinquent for a
837	violation committed on or after July 1, 2007, as provided in s.
838	943.0435(1)(a)1.d. Such records shall not be destroyed and must
839	be merged with the person's adult criminal history record and
840	retained as a part of the person's adult record.
841	Section 6.  Paragraph (b) of subsection (1) and paragraph
842	(a) of subsection (3) of section 944.606, Florida Statutes, are
843	amended to read:
844	944.606  Sexual offenders; notification upon release.--
845	(1)  As used in this section:
846	(b)  "Sexual offender" means a person who has been
847	convicted of committing, or attempting, soliciting, or
848	conspiring to commit, any of the criminal offenses proscribed in
849	the following statutes in this state or similar offenses in
850	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
851	where the victim is a minor and the defendant is not the
852	victim's parent or guardian; s. 794.011 chapter 794, excluding
853	s. ss. 794.011(10); s. 794.05 and 794.0235; s. 796.03; s.
854	796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
855	847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s.
856	847.0145; or s. 985.701(1); or any similar offense committed in
857	this state which has been redesignated from a former statute
858	number to one of those listed in this subsection, when the
859	department has received verified information regarding such
860	conviction; an offender's computerized criminal history record
861	is not, in and of itself, verified information.
862	(3)(a)  The department must provide information regarding
863	any sexual offender who is being released after serving a period
864	of incarceration for any offense, as follows:
865	1.  The department must provide: the sexual offender's
866	name, any change in the offender's name by reason of marriage or
867	other legal process, and any alias, if known; the correctional
868	facility from which the sexual offender is released; the sexual
869	offender's social security number, race, sex, date of birth,
870	height, weight, and hair and eye color; date and county of
871	sentence and each crime for which the offender was sentenced; a
872	copy of the offender's fingerprints and a digitized photograph
873	taken within 60 days before release; the date of release of the
874	sexual offender; and the offender's intended residence address,
875	if known. The department shall notify the Department of Law
876	Enforcement if the sexual offender escapes, absconds, or dies.
877	If the sexual offender is in the custody of a private
878	correctional facility, the facility shall take the digitized
879	photograph of the sexual offender within 60 days before the
880	sexual offender's release and provide this photograph to the
881	Department of Corrections and also place it in the sexual
882	offender's file. If the sexual offender is in the custody of a
883	local jail, the custodian of the local jail shall register the
884	offender within 3 business days after intake of the offender for
885	any reason and again upon release and notify the Department of
886	Law Enforcement of the sexual offender's release and provide to
887	the Department of Law Enforcement the information specified in
888	this paragraph and any information specified in subparagraph 2.
889	that the Department of Law Enforcement requests.
890	2.  The department may provide any other information deemed
891	necessary, including criminal and corrections records,
892	nonprivileged personnel and treatment records, when available.
893	Section 7.  Paragraph (a) of subsection (1) and subsections
894	(3), (4), (7), (11), and (13) of section 944.607, Florida
895	Statutes, are amended to read:
896	944.607  Notification to Department of Law Enforcement of
897	information on sexual offenders.--
898	(1)  As used in this section, the term:
899	(a)  "Sexual offender" means a person who is in the custody
900	or control of, or under the supervision of, the department or is
901	in the custody of a private correctional facility:
902	1.  On or after October 1, 1997, as a result of a
903	conviction for committing, or attempting, soliciting, or
904	conspiring to commit, any of the criminal offenses proscribed in
905	the following statutes in this state or similar offenses in
906	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
907	where the victim is a minor and the defendant is not the
908	victim's parent or guardian; s. 794.011 chapter 794, excluding
909	s. ss. 794.011(10); s. 794.05 and 794.0235; s. 796.03; s.
910	796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
911	847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s.
912	847.0145; or s. 985.701(1); or any similar offense committed in
913	this state which has been redesignated from a former statute
914	number to one of those listed in this paragraph; or
915	2.  Who establishes or maintains a residence in this state
916	and who has not been designated as a sexual predator by a court
917	of this state but who has been designated as a sexual predator,
918	as a sexually violent predator, or by another sexual offender
919	designation in another state or jurisdiction and was, as a
920	result of such designation, subjected to registration or
921	community or public notification, or both, or would be if the
922	person were a resident of that state or jurisdiction, without
923	regard as to whether the person otherwise meets the criteria for
924	registration as a sexual offender.
925	(3)  If a sexual offender is not sentenced to a term of
926	imprisonment, the clerk of the court shall ensure that the
927	sexual offender's fingerprints are taken and forwarded to the
928	Department of Law Enforcement within 48 hours after the court
929	sentences the offender. The fingerprint card shall be clearly
930	marked "Sexual Offender Registration Card."
931	(4)  A sexual offender, as described in this section, who
932	is under the supervision of the Department of Corrections but is
933	not incarcerated must register with the Department of
934	Corrections within 3 business days after sentencing for a
935	registerable offense and otherwise provide information as
936	required by this subsection.
937	(a)  The sexual offender shall provide his or her name;
938	date of birth; social security number; race; sex; height;
939	weight; hair and eye color; tattoos or other identifying marks;
940	and permanent or legal residence and address of temporary
941	residence within the state or out of state while the sexual
942	offender is under supervision in this state, including any rural
943	route address or post office box. The Department of Corrections
944	shall verify the address of each sexual offender in the manner
945	described in ss. 775.21 and 943.0435. The department shall
946	report to the Department of Law Enforcement any failure by a
947	sexual predator or sexual offender to comply with registration
948	requirements.
949	(b)  If the sexual offender is enrolled, employed, or
950	carrying on a vocation at an institution of higher education in
951	this state, the sexual offender shall provide the name, address,
952	and county of each institution, including each campus attended,
953	and the sexual offender's enrollment or employment status. Each
954	change in enrollment or employment status shall be reported to
955	the department within 48 hours after the change in status. The
956	Department of Corrections shall promptly notify each institution
957	of the sexual offender's presence and any change in the sexual
958	offender's enrollment or employment status.
959	(7)  If the sexual offender is in the custody of a local
960	jail, the custodian of the local jail shall register the
961	offender within 3 business days of intake of the offender for
962	any reason and again upon release and forward the information to
963	the Department of Law Enforcement. The custodian of the local
964	jail shall also take a digitized photograph of the sexual
965	offender while the offender remains in custody and shall provide
966	the digitized photograph to the Department of Law Enforcement.
967	(11)  The department, the Department of Highway Safety and
968	Motor Vehicles, the Department of Law Enforcement, the
969	Department of Corrections, the Department of Juvenile Justice,
970	personnel of those departments, and any individual or entity
971	acting at the request or upon the direction of those departments
972	are immune from civil liability for damages for good faith
973	compliance with this section, and shall be presumed to have
974	acted in good faith in compiling, recording, reporting, or
975	providing information. The presumption of good faith is not
976	overcome if technical or clerical errors are made by the
977	department, the Department of Highway Safety and Motor Vehicles,
978	the Department of Law Enforcement, the Department of Juvenile
979	Justice, personnel of those departments, or any individual or
980	entity acting at the request or upon the direction of those
981	departments in compiling, recording, reporting, or providing
982	information, or, if the information is incomplete or incorrect
983	because the information has not been provided by a person or
984	agency required to provide the information, or because the
985	information was not reported or was falsely reported.
986	(13)(a)  A sexual offender must report in person each year
987	during the month of the sexual offender's birthday and during
988	the sixth month following the sexual offender's birth month to
989	the sheriff's office in the county in which he or she resides or
990	is otherwise located to reregister.
991	(b)  However, a sexual offender who is required to register
992	as a result of a conviction for:
993	1.  Section 787.01 or s. 787.02 where the victim is a minor
994	and the offender is not the victim's parent or guardian;
995	2.  Section 794.011, excluding s. 794.011(10);
996	3.  Section 800.04(4)(b) where the victim is less than 12
997	years of age or where the court finds sexual activity by use of
998	force or coercion;
999	4.  Section 800.04(5)(b);
1000	5.  Section 800.04(5)(c)1. where the court finds
1001	molestation involving unclothed genitals or genital area;
1002	6.  Section 800.04(5)(c)2. where the court finds
1003	molestation involving unclothed genitals or genital area;
1004	7.  Section 800.04(5)(d) where the court finds use of force
1005	or coercion and unclothed genitals or genital area;
1006	8.  Any attempt or conspiracy to commit such offense; or
1007	9.  A violation of a similar law of another jurisdiction
1008
1009	must reregister each year during the month of the sexual
1010	offender's birthday and every third month thereafter.
1011	(c)  The sheriff's office may determine the appropriate
1012	times and days for reporting by the sexual offender, which shall
1013	be consistent with the reporting requirements of this subsection
1014	paragraph. Reregistration shall include any changes to the
1015	following information:
1016	1.  Name; social security number; age; race; sex; date of
1017	birth; height; weight; hair and eye color; address of any
1018	permanent residence and address of any current temporary
1019	residence, within the state or out of state, including a rural
1020	route address and a post office box; date and place of any
1021	employment; vehicle make, model, color, and license tag number;
1022	fingerprints; and photograph. A post office box shall not be
1023	provided in lieu of a physical residential address.
1024	2.  If the sexual offender is enrolled, employed, or
1025	carrying on a vocation at an institution of higher education in
1026	this state, the sexual offender shall also provide to the
1027	department the name, address, and county of each institution,
1028	including each campus attended, and the sexual offender's
1029	enrollment or employment status.
1030	3.  If the sexual offender's place of residence is a motor
1031	vehicle, trailer, mobile home, or manufactured home, as defined
1032	in chapter 320, the sexual offender shall also provide the
1033	vehicle identification number; the license tag number; the
1034	registration number; and a description, including color scheme,
1035	of the motor vehicle, trailer, mobile home, or manufactured
1036	home. If the sexual offender's place of residence is a vessel,
1037	live-aboard vessel, or houseboat, as defined in chapter 327, the
1038	sexual offender shall also provide the hull identification
1039	number; the manufacturer's serial number; the name of the
1040	vessel, live-aboard vessel, or houseboat; the registration
1041	number; and a description, including color scheme, of the
1042	vessel, live-aboard vessel, or houseboat.
1043	4.  Any sexual offender who fails to report in person as
1044	required at the sheriff's office, or who fails to respond to any
1045	address verification correspondence from the department within 3
1046	weeks of the date of the correspondence, commits a felony of the
1047	third degree, punishable as provided in s. 775.082, s. 775.083,
1048	and s. 775.084.
1049	(d)(b)  The sheriff's office shall, within 2 working days,
1050	electronically submit and update all information provided by the
1051	sexual offender to the Florida Department of Law Enforcement in
1052	a manner prescribed by the Florida Department of Law
1053	Enforcement. This procedure shall be implemented by December 1,
1054	2005.
1055	Section 8.  Subsection (9) of section 947.005, Florida
1056	Statutes, is amended to read:
1057	947.005  Definitions.--As used in this chapter, unless the
1058	context clearly indicates otherwise:
1059	(9)  "Qualified practitioner" means a psychiatrist licensed
1060	under chapter 458 or chapter 459, a psychologist licensed under
1061	chapter 490, or a social worker, a mental health counselor, or a
1062	marriage and family therapist licensed under chapter 491 who
1063	practices in accordance with his or her respective practice act,
1064	as determined by rule of the respective boards, has the
1065	coursework, training, qualifications, and experience to evaluate
1066	and treat sex offenders.
1067	Section 9.  Subsection (6) of section 948.001, Florida
1068	Statutes, is amended to read:
1069	948.001  Definitions.--As used in this chapter, the term:
1070	(6)  "Qualified practitioner" means a psychiatrist licensed
1071	under chapter 458 or chapter 459, a psychologist licensed under
1072	chapter 490, or a social worker, a mental health counselor, or a
1073	marriage and family therapist licensed under chapter 491 who
1074	practices in accordance with his or her respective practice act,
1075	as determined by rule of the respective boards, has the
1076	coursework, training, qualifications, and experience to evaluate
1077	and treat sex offenders.
1078	Section 10.  Subsection (6) of section 985.04, Florida
1079	Statutes, is amended to read:
1080	985.04  Oaths; records; confidential information.--
1081	(6)(a)  Records maintained by the department, including
1082	copies of records maintained by the court, which pertain to a
1083	child found to have committed a delinquent act which, if
1084	committed by an adult, would be a crime specified in ss. 435.03
1085	and 435.04 may not be destroyed under this section for a period
1086	of 25 years after the youth's final referral to the department,
1087	except in cases of the death of the child. Such records,
1088	however, shall be sealed by the court for use only in meeting
1089	the screening requirements for personnel in s. 402.3055 and the
1090	other sections cited above, or under departmental rule; however,
1091	current criminal history information must be obtained from the
1092	Department of Law Enforcement in accordance with s. 943.053. The
1093	information shall be released to those persons specified in the
1094	above cited sections for the purposes of complying with those
1095	sections. The court may punish by contempt any person who
1096	releases or uses the records for any unauthorized purpose.
1097	(b)  Sexual offender and predator registration information
1098	as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
1099	and 985.4815 is public record pursuant to s. 119.07(1), s.
1100	24(a), Art. I of the State Constitution, and as otherwise
1101	provided by law.
1102	Section 11.  Subsection (2) of section 985.045, Florida
1103	Statutes, is amended to read:
1104	985.045  Court records.--
1105	(2)  The clerk shall keep all official records required by
1106	this section separate from other records of the circuit court,
1107	except those records pertaining to motor vehicle violations,
1108	which shall be forwarded to the Department of Highway Safety and
1109	Motor Vehicles. Except as provided in ss. 943.053, 985.04(6)(b),
1110	and 985.04(7), official records required by this chapter are not
1111	open to inspection by the public, but may be inspected only upon
1112	order of the court by persons deemed by the court to have a
1113	proper interest therein, except that a child and the parents,
1114	guardians, or legal custodians of the child and their attorneys,
1115	law enforcement agencies, the Department of Juvenile Justice and
1116	its designees, the Parole Commission, the Department of
1117	Corrections, and the Justice Administrative Commission shall
1118	always have the right to inspect and copy any official record
1119	pertaining to the child. The court may permit authorized
1120	representatives of recognized organizations compiling statistics
1121	for proper purposes to inspect, and make abstracts from,
1122	official records under whatever conditions upon the use and
1123	disposition of such records the court may deem proper and may
1124	punish by contempt proceedings any violation of those
1125	conditions.
1126	Section 12.  Section 985.481, Florida Statutes, is created
1127	to read:
1128	985.481  Sexual offenders adjudicated delinquent;
1129	notification upon release.--
1130	(1)  As used in this section:
1131	(a)  "Convicted"  has the same meaning as provided in s.
1132	943.0435.
1133	(b)  "Sexual offender" means a person who has been
1134	adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
1135	(2)  The Legislature finds that certain juvenile sexual
1136	offenders pose a high risk of engaging in sexual offenses even
1137	after being released from commitment and that protection of the
1138	public from sexual offenders is a paramount governmental
1139	interest. Sexual offenders have a reduced expectation of privacy
1140	because of the public's interest in public safety and in the
1141	effective operation of government. Releasing sexual offender
1142	information to law enforcement agencies, to persons who request
1143	such information, and to the public by a law enforcement agency
1144	or public agency will further the governmental interests of
1145	public safety.
1146	(3)(a)  The department must provide information regarding
1147	any sexual offender who is being released after serving a period
1148	of residential commitment under the department for any offense,
1149	as follows:
1150	1.  The department must provide the sexual offender's name,
1151	any change in the offender's name by reason of marriage or other
1152	legal process, and any alias, if known; the correctional
1153	facility from which the sexual offender is released; the sexual
1154	offender's social security number, race, sex, date of birth,
1155	height, weight, and hair and eye color; the date and county of
1156	disposition and each crime for which there was a disposition; a
1157	copy of the offender's fingerprints and a digitized photograph
1158	taken within 60 days before release; the date of release of the
1159	sexual offender; and the offender's intended residence address,
1160	if known. The department shall notify the Department of Law
1161	Enforcement if the sexual offender escapes, absconds, or dies.
1162	If the sexual offender is in the custody of a private
1163	correctional facility, the facility shall take the digitized
1164	photograph of the sexual offender within 60 days before the
1165	sexual offender's release and also place it in the sexual
1166	offender's file. If the sexual offender is in the custody of a
1167	local jail, the custodian of the local jail shall register the
1168	offender within 3 business days after intake of the offender for
1169	any reason and again upon release and notify the Department of
1170	Law Enforcement of the sexual offender's release and provide to
1171	the Department of Law Enforcement the information specified in
1172	this subparagraph and any information specified in subparagraph
1173	2. that the Department of Law Enforcement requests.
1174	2.  The department may provide any other information deemed
1175	necessary, including criminal and delinquency records, when
1176	available.
1177	(b)  The department must provide the information described
1178	in subparagraph (a)1. to the Department of Law Enforcement. No
1179	later than November 1, 2007, all such information provided to
1180	the Department of Law Enforcement must be available
1181	electronically as soon as the information is in the agency's
1182	database and must be in a format that is compatible with the
1183	requirements of the Florida Crime Information Center.
1184	(c)  Upon receiving information regarding a sexual offender
1185	from the department, the Department of Law Enforcement, the
1186	sheriff, or the chief of police shall provide the information
1187	described in subparagraph (a)1. to any individual who requests
1188	such information and may release the information to the public
1189	in any manner deemed appropriate, unless the information so
1190	received is confidential or exempt from s. 119.07(1) and s.
1191	24(a), Art. I of the State Constitution.
1192	(4)  This section authorizes the department or any law
1193	enforcement agency to notify the community and the public of a
1194	sexual offender's presence in the community. However, with
1195	respect to a sexual offender who has been found to be a sexual
1196	predator under chapter 775, the Department of Law Enforcement or
1197	any other law enforcement agency must inform the community and
1198	the public of the sexual predator's presence in the community as
1199	provided in chapter 775.
1200	(5)  An elected or appointed official, public employee,
1201	school administrator or employee, or agency, or any individual
1202	or entity acting at the request or upon the direction of any law
1203	enforcement agency, is immune from civil liability for damages
1204	resulting from the release of information under this section.
1205	Section 13.  Section 985.4815, Florida Statutes, is created
1206	to read:
1207	985.4815  Notification to Department of Law Enforcement of
1208	information on juvenile sexual offenders.--
1209	(1)  As used in this section, the term:
1210	(a)  "Change in enrollment or employment status" means the
1211	commencement or termination of enrollment or employment or a
1212	change in location of enrollment or employment.
1213	(b)  "Conviction" has the same meaning as provided in s.
1214	943.0435.
1215	(c)  "Institution of higher education" means a career
1216	center, community college, college, state university, or
1217	independent postsecondary institution.
1218	(d)  "Sexual offender" means a person who is in the care or
1219	custody or under the jurisdiction or supervision of the
1220	department or is in the custody of a private correctional
1221	facility and who:
1222	1.  Has been adjudicated delinquent as provided in s.
1223	943.0435(1)(a)1.d.; or
1224	2.  Establishes or maintains a residence in this state and
1225	has not been designated as a sexual predator by a court of this
1226	state but has been designated as a sexual predator, as a
1227	sexually violent predator, or by another sexual offender
1228	designation in another state or jurisdiction and was, as a
1229	result of such designation, subjected to registration or
1230	community or public notification, or both, or would be if the
1231	person were a resident of that state or jurisdiction, without
1232	regard to whether the person otherwise meets the criteria for
1233	registration as a sexual offender.
1234	(2)  The clerk of the court that adjudicated and entered a
1235	disposition regarding the sexual offender for the offense or
1236	offenses for which he or she was convicted shall forward to the
1237	department and the Department of Law Enforcement a certified
1238	copy of any order entered by the court imposing any special
1239	condition or restriction on the sexual offender that restricts
1240	or prohibits access to the victim, if the victim is a minor, or
1241	to other minors. The Department of Law Enforcement may include
1242	on its Internet website such special conditions or restrictions.
1243	(3)  If a sexual offender is not sentenced to a term of
1244	residential commitment, the clerk of the court shall ensure that
1245	the sexual offender's fingerprints are taken and forwarded to
1246	the Department of Law Enforcement within 48 hours after the
1247	court sentences the offender. The fingerprint card shall be
1248	clearly marked "Sexual Offender Registration Card."
1249	(4)  A sexual offender, as described in this section, who
1250	is under the supervision of the department but is not committed
1251	must register with the department within 3 business days after
1252	adjudication and disposition for a registerable offense and
1253	otherwise provide information as required by this subsection.
1254	(a)  The sexual offender shall provide his or her name;
1255	date of birth; social security number; race; sex; height;
1256	weight; hair and eye color; tattoos or other identifying marks;
1257	and permanent or legal residence and address of temporary
1258	residence within the state or out of state while the sexual
1259	offender is in the care or custody or under the jurisdiction or
1260	supervision of the department in this state, including any rural
1261	route address or post office box, and the name and address of
1262	each school attended. The department shall verify the address of
1263	each sexual offender and shall report to the Department of Law
1264	Enforcement any failure by a sexual offender to comply with
1265	registration requirements.
1266	(b)  If the sexual offender is enrolled, employed, or
1267	carrying on a vocation at an institution of higher education in
1268	this state, the sexual offender shall provide the name, address,
1269	and county of each institution, including each campus attended,
1270	and the sexual offender's enrollment or employment status. Each
1271	change in enrollment or employment status shall be reported to
1272	the department within 48 hours after the change in status. The
1273	department shall promptly notify each institution of the sexual
1274	offender's presence and any change in the sexual offender's
1275	enrollment or employment status.
1276	(5)  In addition to notification and transmittal
1277	requirements imposed by any other provision of law, the
1278	department shall compile information on any sexual offender and
1279	provide the information to the Department of Law Enforcement. No
1280	later than November 1, 2007, the information shall be made
1281	available electronically to the Department of Law Enforcement as
1282	soon as this information is in the department's database and
1283	must be in a format that is compatible with the requirements of
1284	the Florida Crime Information Center.
1285	(6)(a)  The information provided to the Department of Law
1286	Enforcement must include the following:
1287	1.  The information obtained from the sexual offender under
1288	subsection (4).
1289	2.  The sexual offender's most current address and place of
1290	permanent or temporary residence within the state or out of
1291	state while the sexual offender is in the care or custody or
1292	under the jurisdiction or supervision of the department in this
1293	state, including the name of the county or municipality in which
1294	the offender permanently or temporarily resides and, if known,
1295	the intended place of permanent or temporary residence upon
1296	satisfaction of all sanctions.
1297	3.  The legal status of the sexual offender and the
1298	scheduled termination date of that legal status.
1299	4.  The location of, and local telephone number for, any
1300	department office that is responsible for supervising the sexual
1301	offender.
1302	5.  An indication of whether the victim of the offense that
1303	resulted in the offender's status as a sexual offender was a
1304	minor.
1305	6.  The offense or offenses at adjudication and disposition
1306	that resulted in the determination of the offender's status as a
1307	sexual offender.
1308	7.  A digitized photograph of the sexual offender, which
1309	must have been taken within 60 days before the offender was
1310	released from the custody of the department or a private
1311	correctional facility by expiration of sentence under s. 944.275
1312	or within 60 days after the onset of the department's
1313	supervision of any sexual offender who is on probation,
1314	postcommitment probation, residential commitment, nonresidential
1315	commitment, licensed child-caring commitment, community control,
1316	conditional release, parole, provisional release, or control
1317	release or who is supervised by the department under the
1318	Interstate Compact Agreement for Probationers and Parolees. If
1319	the sexual offender is in the custody of a private correctional
1320	facility, the facility shall take a digitized photograph of the
1321	sexual offender within the time period provided in this
1322	subparagraph and shall provide the photograph to the department.
1323	(b)  If any information provided by the department changes
1324	during the time the sexual offender is under the department's
1325	care, control, custody, or supervision, including any change in
1326	the offender's name by reason of marriage or other legal
1327	process, the department shall, in a timely manner, update the
1328	information and provide it to the Department of Law Enforcement
1329	in the manner prescribed in subsection (5).
1330	(7)  If the sexual offender is in the custody of a local
1331	jail, the custodian of the local jail shall register the
1332	offender within 3 business days after intake of the offender for
1333	any reason and again upon release and forward the information to
1334	the Department of Law Enforcement. The custodian of the local
1335	jail shall also take a digitized photograph of the sexual
1336	offender while the offender remains in custody and shall provide
1337	the digitized photograph to the Department of Law Enforcement.
1338	(8)  If the sexual offender is under federal supervision,
1339	the federal agency responsible for supervising the sexual
1340	offender may forward to the Department of Law Enforcement any
1341	information regarding the sexual offender that is consistent
1342	with the information provided by the department under this
1343	section and may indicate whether use of the information is
1344	restricted to law enforcement purposes only or may be used by
1345	the Department of Law Enforcement for purposes of public
1346	notification.
1347	(9)  A sexual offender, as described in this section, who
1348	is under the care, jurisdiction, or supervision of the
1349	department but who is not incarcerated shall, in addition to the
1350	registration requirements provided in subsection (4), register
1351	in the manner provided in s. 943.0435(3), (4), and (5), unless
1352	the sexual offender is a sexual predator, in which case he or
1353	she shall register as required under s. 775.21. A sexual
1354	offender who fails to comply with the requirements of s.
1355	943.0435 is subject to the penalties provided in s. 943.0435(9).
1356	(10)(a)  The failure of a sexual offender to submit to the
1357	taking of a digitized photograph, or to otherwise comply with
1358	the requirements of this section, is a felony of the third
1359	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1360	775.084.
1361	(b)  A sexual offender who commits any act or omission in
1362	violation of this section may be prosecuted for the act or
1363	omission in the county in which the act or omission was
1364	committed, the county of the last registered address of the
1365	sexual offender, or the county in which the adjudication and
1366	disposition occurred for the offense or offenses that meet the
1367	criteria for designating a person as a sexual offender.
1368	(c)  An arrest on charges of failure to register when the
1369	offender has been provided and advised of his or her statutory
1370	obligations to register under s. 943.0435(2), the service of an
1371	information or a complaint for a violation of this section, or
1372	an arraignment on charges for a violation of this section
1373	constitutes actual notice of the duty to register. A sexual
1374	offender's failure to immediately register as required by this
1375	section following such arrest, service, or arraignment
1376	constitutes grounds for a subsequent charge of failure to
1377	register. A sexual offender charged with the crime of failure to
1378	register who asserts, or intends to assert, a lack of notice of
1379	the duty to register as a defense to a charge of failure to
1380	register shall immediately register as required by this section.
1381	A sexual offender who is charged with a subsequent failure to
1382	register may not assert the defense of a lack of notice of the
1383	duty to register.
1384	(d)  Registration following such arrest, service, or
1385	arraignment is not a defense and does not relieve the sexual
1386	offender of criminal liability for the failure to register.
1387	(11)  The department, the Department of Highway Safety and
1388	Motor Vehicles, the Department of Law Enforcement, the
1389	Department of Corrections, personnel of those departments, and
1390	any individual or entity acting at the request or upon the
1391	direction of those departments are immune from civil liability
1392	for damages for good faith compliance with this section and
1393	shall be presumed to have acted in good faith in compiling,
1394	recording, reporting, or providing information. The presumption
1395	of good faith is not overcome if technical or clerical errors
1396	are made by the department, the Department of Highway Safety and
1397	Motor Vehicles, the Department of Law Enforcement, the
1398	Department of Corrections, personnel of those departments, or
1399	any individual or entity acting at the request or upon the
1400	direction of those departments in compiling, recording,
1401	reporting, or providing information, or, if the information is
1402	incomplete or incorrect because the information has not been
1403	provided by a person or agency required to provide it, was not
1404	reported, or was falsely reported.
1405	(12)  Any person who has reason to believe that a sexual
1406	offender is not complying, or has not complied, with the
1407	requirements of this section and who, with the intent to assist
1408	the sexual offender in eluding a law enforcement agency that is
1409	seeking to find the sexual offender to question the sexual
1410	offender about, or to arrest the sexual offender for, his or her
1411	noncompliance with the requirements of this section:
1412	(a)  Withholds information from, or does not notify, the
1413	law enforcement agency about the sexual offender's noncompliance
1414	with the requirements of this section and, if known, the
1415	whereabouts of the sexual offender;
1416	(b)  Harbors, attempts to harbor, or assists another person
1417	in harboring or attempting to harbor the sexual offender;
1418	(c)  Conceals, attempts to conceal, or assists another
1419	person in concealing or attempting to conceal the sexual
1420	offender; or
1421	(d)  Provides information to the law enforcement agency
1422	regarding the sexual offender that the person knows to be false
1423
1424	commits a felony of the third degree, punishable as provided in
1425	s. 775.082, s. 775.083, or s. 775.084. This subsection does not
1426	apply if the sexual offender is incarcerated in or is in the
1427	custody of a state correctional facility, a private correctional
1428	facility, a local jail, or a federal correctional facility.
1429	(13)(a)  A sexual offender must report in person each year
1430	during the month of the sexual offender's birthday and during
1431	every third month thereafter to the sheriff's office in the
1432	county in which he or she resides or is otherwise located to
1433	reregister.
1434	(b)  The sheriff's office may determine the appropriate
1435	times and days for reporting by the sexual offender, which shall
1436	be consistent with the reporting requirements of this
1437	subsection. Reregistration shall include any changes to the
1438	following information:
1439	1.  Name; social security number; age; race; sex; date of
1440	birth; height; weight; hair and eye color; address of any
1441	permanent residence and address of any current temporary
1442	residence, within the state or out of state, including a rural
1443	route address and a post office box; name and address of each
1444	school attended; date and place of any employment; vehicle make,
1445	model, color, and license tag number; fingerprints; and
1446	photograph. A post office box shall not be provided in lieu of a
1447	physical residential address.
1448	2.  If the sexual offender is enrolled, employed, or
1449	carrying on a vocation at an institution of higher education in
1450	this state, the sexual offender shall also provide to the
1451	department the name, address, and county of each institution,
1452	including each campus attended, and the sexual offender's
1453	enrollment or employment status.
1454	3.  If the sexual offender's place of residence is a motor
1455	vehicle, trailer, mobile home, or manufactured home, as defined
1456	in chapter 320, the sexual offender shall also provide the
1457	vehicle identification number; the license tag number; the
1458	registration number; and a description, including color scheme,
1459	of the motor vehicle, trailer, mobile home, or manufactured
1460	home. If the sexual offender's place of residence is a vessel,
1461	live-aboard vessel, or houseboat, as defined in chapter 327, the
1462	sexual offender shall also provide the hull identification
1463	number; the manufacturer's serial number; the name of the
1464	vessel, live-aboard vessel, or houseboat; the registration
1465	number; and a description, including color scheme, of the
1466	vessel, live-aboard vessel, or houseboat.
1467	4.  Any sexual offender who fails to report in person as
1468	required at the sheriff's office, or who fails to respond to any
1469	address verification correspondence from the department within 3
1470	weeks after the date of the correspondence, commits a felony of
1471	the third degree, punishable as provided in s. 775.082, s.
1472	775.083, and s. 775.084.
1473	(c)  The sheriff's office shall, within 2 working days,
1474	electronically submit and update all information provided by the
1475	sexual offender to the Department of Law Enforcement in a manner
1476	prescribed by that department.
1477	Section 14.  Paragraph (g) of subsection (3) of section
1478	921.0022, Florida Statutes, is amended to read:
1479	921.0022  Criminal Punishment Code; offense severity
1480	ranking chart.--
1481	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
1482
	(g)  LEVEL 7
1483
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1484
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1485
	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.
1486
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1487
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1488
	409.920(2) 3rd Medicaid provider fraud.
1489
	456.065(2) 3rd Practicing a health care profession without a license.
1490
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1491
	458.327(1) 3rd Practicing medicine without a license.
1492
	459.013(1) 3rd Practicing osteopathic medicine without a license.
1493
	460.411(1) 3rd Practicing chiropractic medicine without a license.
1494
	461.012(1) 3rd Practicing podiatric medicine without a license.
1495
	462.17 3rd Practicing naturopathy without a license.
1496
	463.015(1) 3rd Practicing optometry without a license.
1497
	464.016(1) 3rd Practicing nursing without a license.
1498
	465.015(2) 3rd Practicing pharmacy without a license.
1499
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1500
	467.201 3rd Practicing midwifery without a license.
1501
	468.366 3rd Delivering respiratory care services without a license.
1502
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1503
	483.901(9) 3rd Practicing medical physics without a license.
1504
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1505
	484.053 3rd Dispensing hearing aids without a license.
1506
	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.
1507
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
1508
	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1509
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1510
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
1511
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1512
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1513
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1514
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1515
	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1516
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1517
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1518
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1519
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1520
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1521
	784.048(7) 3rd Aggravated stalking; violation of court order.
1522
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1523
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1524
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1525
	784.081(1) 1st Aggravated battery on specified official or employee.
1526
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1527
	784.083(1) 1st Aggravated battery on code inspector.
1528
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1529
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
1530
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1531
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1532
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1533
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1534
	796.03 2nd Procuring any person under 16 years for prostitution.
1535
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1536
	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.
1537
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
1538
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1539
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1540
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1541
	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.
1542
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1543
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1544
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1545
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1546
	812.131(2)(a) 2nd Robbery by sudden snatching.
1547
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1548
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1549
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1550
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1551
	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.
1552
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1553
	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.
1554
	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1555
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1556
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1557
	838.015 2nd Bribery.
1558
	838.016 2nd Unlawful compensation or reward for official behavior.
1559
	838.021(3)(a) 2nd Unlawful harm to a public servant.
1560
	838.22 2nd Bid tampering.
1561
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1562
	872.06 2nd Abuse of a dead human body.
1563
	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.
1564
	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.
1565
	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).
1566
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1567
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1568
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1569
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1570
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1571
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1572
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1573
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1574
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1575
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1576
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1577
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1578
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1579
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1580
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1581
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1582
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1583
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1584
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1585
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1586
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1587
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1588
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1589
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1590
1591	Section 15.  This act shall take effect July 1, 2007.

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