Florida Senate - 2008 CS for CS for SB 2026
By the Committees on Judiciary; Criminal Justice; and Senator Ring
590-05790-08 20082026c2
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A bill to be entitled
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An act relating to sexual offenders and predators;
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F.S.; requiring sexual offenders and predators to provide
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home telephone numbers and any cellular telephone numbers
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as part of the registration process; specifying that
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failure to provide such telephone numbers as required is a
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third-degree felony; requiring registrants to attest to
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the truthfulness of the information submitted during
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registration; providing criminal penalties for submission
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of false information during registration; amending s.
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943.043; requiring the Department of Law Enforcement to
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notify the public of sexual predator and sexual offender
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information through the Internet; specifying what sexual
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predator and sexual offender information and features must
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be available on the Internet; requiring the Department of
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Law Enforcement to develop a uniform system to verify
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predator and offender address information when address
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submitted cannot be plotted on a map; requiring the
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Department of Law Enforcement to determine the feasibility
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of certain Internet features; amending s. 944.606, F.S.;
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requiring that the Department of Law Enforcement be
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notified of the home telephone number and any cellular
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telephone number of a sexual offender released from
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incarceration; amending s. 985.481, F.S.; requiring that
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the Department of Law Enforcement be notified of the home
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telephone number and any cellular telephone number of a
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juvenile sexual offender released after serving a period
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of residential commitment; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (6), paragraph (a)
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of subsection (8), and paragraph (a) of subsection (10) of
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section 775.21, Florida Statutes, are amended to read:
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775.21 The Florida Sexual Predators Act.--
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(6) REGISTRATION.--
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(a) A sexual predator must register with the department
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through the sheriff's office by providing the following
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information to the department:
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1. Name, social security number, age, race, sex, date of
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birth, height, weight, hair and eye color, photograph, address of
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legal residence and address of any current temporary residence,
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within the state or out of state, including a rural route address
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and a post office box, any electronic mail address and any
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instant message name required to be provided pursuant to
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subparagraph (g)4., home telephone number and any cellular
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telephone number, date and place of any employment, date and
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place of each conviction, fingerprints, and a brief description
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of the crime or crimes committed by the offender. A post office
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box shall not be provided in lieu of a physical residential
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address.
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a. If the sexual predator's place of residence is a motor
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vehicle, trailer, mobile home, or manufactured home, as defined
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in chapter 320, the sexual predator shall also provide to the
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department written notice of the vehicle identification number;
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the license tag number; the registration number; and a
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description, including color scheme, of the motor vehicle,
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trailer, mobile home, or manufactured home. If a sexual
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predator's place of residence is a vessel, live-aboard vessel, or
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houseboat, as defined in chapter 327, the sexual predator shall
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also provide to the department written notice of the hull
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identification number; the manufacturer's serial number; the name
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of the vessel, live-aboard vessel, or houseboat; the registration
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number; and a description, including color scheme, of the vessel,
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live-aboard vessel, or houseboat.
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b. If the sexual predator is enrolled, employed, or
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carrying on a vocation at an institution of higher education in
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this state, the sexual predator shall also provide to the
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department the name, address, and county of each institution,
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including each campus attended, and the sexual predator's
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enrollment or employment status. Each change in enrollment or
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employment status shall be reported in person at the sheriff's
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office, or the Department of Corrections if the sexual predator
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is in the custody or control of or under the supervision of the
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Department of Corrections, within 48 hours after any change in
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status. The sheriff or the Department of Corrections shall
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promptly notify each institution of the sexual predator's
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presence and any change in the sexual predator's enrollment or
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employment status.
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2. Any other information determined necessary by the
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department, including criminal and corrections records;
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nonprivileged personnel and treatment records; and evidentiary
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genetic markers when available.
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A registrant must attest that the information provided is true,
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correct, and complete. A registrant who willfully provides false
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information commits a felony of the third degree, punishable as
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(8) VERIFICATION.--The department and the Department of
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Corrections shall implement a system for verifying the addresses
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of sexual predators. The system must be consistent with the
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provisions of the federal Adam Walsh Child Protection and Safety
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Act of 2006 and any other federal standards applicable to such
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verification or required to be met as a condition for the receipt
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of federal funds by the state. The Department of Corrections
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shall verify the addresses of sexual predators who are not
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incarcerated but who reside in the community under the
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supervision of the Department of Corrections and shall report to
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the department any failure by a sexual predator to comply with
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registration requirements. County and local law enforcement
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agencies, in conjunction with the department, shall verify the
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addresses of sexual predators who are not under the care,
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custody, control, or supervision of the Department of
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Corrections. Local law enforcement agencies shall report to the
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department any failure by a sexual predator to comply with
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registration requirements.
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(a) A sexual predator must report in person each year
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during the month of the sexual predator's birthday and during
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every third month thereafter to the sheriff's office in the
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county in which he or she resides or is otherwise located to
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reregister. The sheriff's office may determine the appropriate
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times and days for reporting by the sexual predator, which shall
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be consistent with the reporting requirements of this paragraph.
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Reregistration shall include any changes to the following
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information:
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1. Name; social security number; age; race; sex; date of
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birth; height; weight; hair and eye color; address of any
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permanent residence and address of any current temporary
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residence, within the state or out of state, including a rural
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route address and a post office box; any electronic mail address
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and any instant message name required to be provided pursuant to
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subparagraph (6)(g)4.; home telephone number and any cellular
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telephone number; date and place of any employment; vehicle make,
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model, color, and license tag number; fingerprints; and
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photograph. A post office box shall not be provided in lieu of a
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physical residential address.
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2. If the sexual predator is enrolled, employed, or
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carrying on a vocation at an institution of higher education in
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this state, the sexual predator shall also provide to the
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department the name, address, and county of each institution,
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including each campus attended, and the sexual predator's
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enrollment or employment status.
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3. If the sexual predator's place of residence is a motor
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vehicle, trailer, mobile home, or manufactured home, as defined
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in chapter 320, the sexual predator shall also provide the
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vehicle identification number; the license tag number; the
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registration number; and a description, including color scheme,
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of the motor vehicle, trailer, mobile home, or manufactured home.
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If the sexual predator's place of residence is a vessel, live-
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aboard vessel, or houseboat, as defined in chapter 327, the
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sexual predator shall also provide the hull identification
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number; the manufacturer's serial number; the name of the vessel,
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live-aboard vessel, or houseboat; the registration number; and a
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description, including color scheme, of the vessel, live-aboard
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vessel, or houseboat.
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A registrant must attest that the information provided is true,
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correct, and complete. A registrant who willfully provides false
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information commits a felony of the third degree, punishable as
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(10) PENALTIES.--
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(a) Except as otherwise specifically provided, a sexual
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predator who fails to register; who fails, after registration, to
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maintain, acquire, or renew a driver's license or identification
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card; who fails to provide required location information,
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electronic mail address information, instant message name
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information, home telephone number and any cellular telephone
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number, or change-of-name information; who fails to make a
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required report in connection with vacating a permanent
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residence; who fails to reregister as required; who fails to
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respond to any address verification correspondence from the
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department within 3 weeks of the date of the correspondence; or
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who otherwise fails, by act or omission, to comply with the
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requirements of this section, commits a felony of the third
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Section 2. Subsection (1) of section 943.043, Florida
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Statutes, is amended, and subsections (6), (7), and (8) are added
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to that section, to read:
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943.043 Toll-free telephone number; Internet notification;
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sexual predator and sexual offender information.--
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(1) The department shall may notify the public through the
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Internet of any information regarding sexual predators and sexual
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offenders which is not confidential and exempt from public
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disclosure under s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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(6) The notification to the public of any information
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regarding sexual predators and sexual offenders through the
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Internet under this section, at a minimum, must:
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(a) Communicate information including:
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1. The name of the sexual predator or sexual offender;
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2. A description of the sexual predator or sexual offender,
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including a photograph;
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3. The current address of the sexual predator or sexual
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offender, including the name of the county or municipality, if
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known;
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4. The circumstances of the sexual predator or sexual
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offender's offense or offenses; and
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5. Whether the victim of the sexual predator or sexual
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offender, at the time of the offense, was a minor or an adult;
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(b) Provide for any feature that displays the location of
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predators and offenders on a map to visually distinguish newly
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registered or relocated predators or offenders from existing
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predators or offenders for a period of six months after the new
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registration or relocation;
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(c) Enable a user to collapse the radius of a selected
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viewable area on a map from 1 mile to 1,000 feet to enhance the
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user's ability to identify sexual predators or sexual offenders
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located in smaller geographic areas; and
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(d) Enable a user to select a particular point on a map and
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identify sexual predators and sexual offenders at specified
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distances from the selected point.
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(7) The department shall develop, in cooperation with the
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reporting agencies, a uniform system to require verification of
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addresses submitted by sexual predators and sexual offenders when
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the submitted address cannot be plotted on a map due to errors,
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omissions, or other irregularities in the address.
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(8) The department shall determine the feasibility of
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providing a mapping mechanism for use by public users which is
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capable of plotting each sexual offender and sexual predator's
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known proximity to, and distance from, sites such as schools, day
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care centers, parks, or playgrounds, as indicated under s.
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794.065. The department should examine the feasibility of
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providing users with information regarding any given predator or
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offender's restricted access to those sites. The department shall
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report its findings and cost estimations to the Governor, the
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President of the Senate, and the Speaker of the House of
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Representatives by December 1, 2008.
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Section 3. Paragraph (b) of subsection (2) and paragraph
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(c) of subsection (14) of section 943.0435, Florida Statutes, are
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amended to read:
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943.0435 Sexual offenders required to register with the
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department; penalty.--
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(2) A sexual offender shall:
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(b) Provide his or her name, date of birth, social security
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number, race, sex, height, weight, hair and eye color, tattoos or
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other identifying marks, occupation and place of employment,
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address of permanent or legal residence or address of any current
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temporary residence, within the state and out of state, including
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a rural route address and a post office box, home telephone
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number and any cellular telephone number, any electronic mail
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address and any instant message name required to be provided
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pursuant to paragraph (4)(d), date and place of each conviction,
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and a brief description of the crime or crimes committed by the
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offender. A post office box shall not be provided in lieu of a
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physical residential address.
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1. If the sexual offender's place of residence is a motor
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vehicle, trailer, mobile home, or manufactured home, as defined
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in chapter 320, the sexual offender shall also provide to the
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department through the sheriff's office written notice of the
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vehicle identification number; the license tag number; the
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registration number; and a description, including color scheme,
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of the motor vehicle, trailer, mobile home, or manufactured home.
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If the sexual offender's place of residence is a vessel, live-
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aboard vessel, or houseboat, as defined in chapter 327, the
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sexual offender shall also provide to the department written
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notice of the hull identification number; the manufacturer's
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serial number; the name of the vessel, live-aboard vessel, or
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houseboat; the registration number; and a description, including
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color scheme, of the vessel, live-aboard vessel, or houseboat.
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2. If the sexual offender is enrolled, employed, or
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carrying on a vocation at an institution of higher education in
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this state, the sexual offender shall also provide to the
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department through the sheriff's office the name, address, and
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county of each institution, including each campus attended, and
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the sexual offender's enrollment or employment status. Each
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change in enrollment or employment status shall be reported in
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person at the sheriff's office, within 48 hours after any change
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in status. The sheriff shall promptly notify each institution of
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the sexual offender's presence and any change in the sexual
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offender's enrollment or employment status.
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When a sexual offender reports at the sheriff's office, the
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sheriff shall take a photograph and a set of fingerprints of the
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offender and forward the photographs and fingerprints to the
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department, along with the information provided by the sexual
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offender. The sheriff shall promptly provide to the department
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the information received from the sexual offender.
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(14)
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(c) The sheriff's office may determine the appropriate
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times and days for reporting by the sexual offender, which shall
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be consistent with the reporting requirements of this subsection.
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Reregistration shall include any changes to the following
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information:
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1. Name; social security number; age; race; sex; date of
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birth; height; weight; hair and eye color; address of any
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permanent residence and address of any current temporary
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residence, within the state or out of state, including a rural
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route address and a post office box; any electronic mail address
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and any instant message name required to be provided pursuant to
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paragraph (4)(d); telephone number, including any cellular
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telephone number; date and place of any employment; vehicle make,
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model, color, and license tag number; fingerprints; and
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photograph. A post office box shall not be provided in lieu of a
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physical residential address.
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2. If the sexual offender is enrolled, employed, or
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carrying on a vocation at an institution of higher education in
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this state, the sexual offender shall also provide to the
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department the name, address, and county of each institution,
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including each campus attended, and the sexual offender's
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enrollment or employment status.
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3. If the sexual offender's place of residence is a motor
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vehicle, trailer, mobile home, or manufactured home, as defined
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in chapter 320, the sexual offender shall also provide the
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vehicle identification number; the license tag number; the
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registration number; and a description, including color scheme,
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of the motor vehicle, trailer, mobile home, or manufactured home.
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If the sexual offender's place of residence is a vessel, live-
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aboard vessel, or houseboat, as defined in chapter 327, the
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sexual offender shall also provide the hull identification
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number; the manufacturer's serial number; the name of the vessel,
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live-aboard vessel, or houseboat; the registration number; and a
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description, including color scheme, of the vessel, live-aboard
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vessel or houseboat.
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4. Any sexual offender who fails to report in person as
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required at the sheriff's office, or who fails to respond to any
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address verification correspondence from the department within 3
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weeks of the date of the correspondence or who fails to report
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electronic mail addresses or instant message names, commits a
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felony of the third degree, punishable as provided in s. 775.082,
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A registrant must attest that the information provided under this
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paragraph is true, correct, and complete. A registrant who
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willfully provides false information commits a felony of the
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Section 4. Paragraph (a) of subsection (3) of section
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944.606, Florida Statutes, is amended to read:
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944.606 Sexual offenders; notification upon release.--
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(3)(a) The department must provide information regarding
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any sexual offender who is being released after serving a period
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of incarceration for any offense, as follows:
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1. The department must provide: the sexual offender's name,
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any change in the offender's name by reason of marriage or other
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legal process, and any alias, if known; the correctional facility
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from which the sexual offender is released; the sexual offender's
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social security number, race, sex, date of birth, height, weight,
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and hair and eye color; date and county of sentence and each
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crime for which the offender was sentenced; a copy of the
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offender's fingerprints and a digitized photograph taken within
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60 days before release; the date of release of the sexual
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offender; any electronic mail address and any instant message
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name required to be provided pursuant to s. 943.0435(4)(d);
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telephone number, including any cellular telephone number; and
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the offender's intended residence address, if known. The
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department shall notify the Department of Law Enforcement if the
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sexual offender escapes, absconds, or dies. If the sexual
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offender is in the custody of a private correctional facility,
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the facility shall take the digitized photograph of the sexual
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offender within 60 days before the sexual offender's release and
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provide this photograph to the Department of Corrections and also
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place it in the sexual offender's file. If the sexual offender is
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in the custody of a local jail, the custodian of the local jail
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shall register the offender within 3 business days after intake
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of the offender for any reason and upon release, and shall notify
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the Department of Law Enforcement of the sexual offender's
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release and provide to the Department of Law Enforcement the
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information specified in this paragraph and any information
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specified in subparagraph 2. that the Department of Law
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Enforcement requests.
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2. The department may provide any other information deemed
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necessary, including criminal and corrections records,
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nonprivileged personnel and treatment records, when available.
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Section 5. Subsection (4) of section 944.607, Florida
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Statutes, is amended to read:
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944.607 Notification to Department of Law Enforcement of
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information on sexual offenders.--
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(4) A sexual offender, as described in this section, who is
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under the supervision of the Department of Corrections but is not
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incarcerated must register with the Department of Corrections
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within 3 business days after sentencing for a registerable
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offense and otherwise provide information as required by this
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subsection.
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(a) The sexual offender shall provide his or her name; date
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of birth; social security number; race; sex; height; weight; hair
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and eye color; tattoos or other identifying marks; any electronic
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mail address and any instant message name required to be provided
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pursuant to s. 943.0435(4)(d); home telephone numbers, including
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any cellular telephone numbers; and permanent or legal residence
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and address of temporary residence within the state or out of
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state while the sexual offender is under supervision in this
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state, including any rural route address or post office box. The
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Department of Corrections shall verify the address of each sexual
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department shall report to the Department of Law Enforcement any
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failure by a sexual predator or sexual offender to comply with
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registration requirements.
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(b) If the sexual offender is enrolled, employed, or
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carrying on a vocation at an institution of higher education in
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this state, the sexual offender shall provide the name, address,
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and county of each institution, including each campus attended,
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and the sexual offender's enrollment or employment status. Each
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change in enrollment or employment status shall be reported to
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the department within 48 hours after the change in status. The
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Department of Corrections shall promptly notify each institution
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of the sexual offender's presence and any change in the sexual
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offender's enrollment or employment status.
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A registrant must attest that the information provided under this
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subsection is true, correct, and complete. A registrant who
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willfully provides false information commits a felony of the
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Section 6. Paragraph (a) of subsection (3) of section
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985.481, Florida Statutes, is amended to read:
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985.481 Sexual offenders adjudicated delinquent;
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notification upon release.--
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(3)(a) The department must provide information regarding
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any sexual offender who is being released after serving a period
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of residential commitment under the department for any offense,
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as follows:
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1. The department must provide the sexual offender's name,
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any change in the offender's name by reason of marriage or other
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legal process, and any alias, if known; the correctional facility
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from which the sexual offender is released; the sexual offender's
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social security number, race, sex, date of birth, height, weight,
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and hair and eye color; home telephone numbers, including any
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cellular telephone numbers, date and county of disposition and
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each crime for which there was a disposition; a copy of the
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offender's fingerprints and a digitized photograph taken within
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60 days before release; the date of release of the sexual
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offender; and the offender's intended residence address, if
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known. The department shall notify the Department of Law
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Enforcement if the sexual offender escapes, absconds, or dies. If
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the sexual offender is in the custody of a private correctional
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facility, the facility shall take the digitized photograph of the
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sexual offender within 60 days before the sexual offender's
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release and also place it in the sexual offender's file. If the
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sexual offender is in the custody of a local jail, the custodian
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of the local jail shall register the offender within 3 business
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days after intake of the offender for any reason and upon
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release, and shall notify the Department of Law Enforcement of
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the sexual offender's release and provide to the Department of
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Law Enforcement the information specified in this subparagraph
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and any information specified in subparagraph 2. which the
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Department of Law Enforcement requests.
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2. The department may provide any other information
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considered necessary, including criminal and delinquency records,
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when available.
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Section 7. Subsection (4) of section 985.4815, Florida
431
Statutes, is amended to read:
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985.4815 Notification to Department of Law Enforcement of
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information on juvenile sexual offenders.--
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(4) A sexual offender, as described in this section, who is
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under the supervision of the department but who is not committed
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must register with the department within 3 business days after
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adjudication and disposition for a registrable offense and
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otherwise provide information as required by this subsection.
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(a) The sexual offender shall provide his or her name; date
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of birth; social security number; race; sex; height; weight; hair
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and eye color; tattoos or other identifying marks; and permanent
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or legal residence and address of temporary residence within the
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state or out of state while the sexual offender is in the care or
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custody or under the jurisdiction or supervision of the
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department in this state, including any rural route address or
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post office box, and the name and address of each school
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attended; and home telephone number, including any cellular
448
telephone number. The department shall verify the address of each
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sexual offender and shall report to the Department of Law
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Enforcement any failure by a sexual offender to comply with
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registration requirements.
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(b) If the sexual offender is enrolled, employed, or
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carrying on a vocation at an institution of higher education in
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this state, the sexual offender shall provide the name, address,
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and county of each institution, including each campus attended,
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and the sexual offender's enrollment or employment status. Each
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change in enrollment or employment status shall be reported to
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the department within 48 hours after the change in status. The
459
department shall promptly notify each institution of the sexual
460
offender's presence and any change in the sexual offender's
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enrollment or employment status.
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A registrant must attest that the information provided under this
464
subsection is true, correct, and complete. A registrant who
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willfully provides false information commits a felony of the
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Section 8. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.