CS for CS for CS for SB 2026 Second Engrossed (ntc)
20082026e2
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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 certain adult and juvenile sexual
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predator and sexual offender information through the
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Internet; providing a definition of the term "adult sexual
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predators and adult sexual offenders"; specifying what
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sexual predator and sexual offender information and
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features must be available on the Internet; requiring the
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Department of Law Enforcement to develop a uniform system
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to verify predator and offender address information when
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address submitted cannot be plotted on a map; requiring
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the Department of Law Enforcement to determine the
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feasibility of certain Internet features; amending s.
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944.606, F.S.; requiring that the Department of Law
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Enforcement be notified of the home telephone number and
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any cellular telephone number of a sexual offender
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released from incarceration; amending s. 985.481, 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 juvenile sexual offender released
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after serving a period of residential commitment;
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providing effective dates.
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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. Effective December 1, 2008, subsection (1) of
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section 943.043, Florida Statutes, is amended, and subsections
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(6), (7), and (8) are added 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 adult sexual predators and
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adult sexual offenders, and of any information regarding a
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juvenile who is designated a sexual predator pursuant to s.
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775.21 or who meets the criteria of a sexual offender pursuant to
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s. 943.0435(1)(a)1.d., which is not confidential and exempt from
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public disclosure under s. 119.07(1) and s. 24(a), Art. I of the
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State Constitution. As used in this section, the term "adult
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sexual predators and adult sexual offenders" means those persons
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designated as a sexual predator or who meet the criteria as a
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sexual offender and whose designation as a sexual predator or
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meeting of the criteria as a sexual offender is based on an
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offense or offenses committed after such persons attained the age
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of 18 years, or is based on an offense or offenses for which such
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persons were adjudicated as an adult, regardless of age.
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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) Include the following information when contained in the
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registry database:
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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
445
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
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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,
470
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 shall promptly notify each institution of the sexual
474
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
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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 8. Except as otherwise expressly provided in this
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act, this act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.