| 1 | A bill to be entitled |
| 2 | An act relating to sexual offenders and predators; |
| 3 | creating s. 856.022, F.S.; prohibiting loitering or |
| 4 | prowling by certain offenders within a specified distance |
| 5 | of places where children regularly congregate; prohibiting |
| 6 | certain actions toward a child at a public park or |
| 7 | playground by certain offenders; prohibiting the presence |
| 8 | of certain offenders at or on real property comprising a |
| 9 | child care facility or pre-K through 12 school without |
| 10 | notice and supervision; providing exceptions; providing |
| 11 | penalties; amending s. 775.21, F.S.; revising and |
| 12 | providing definitions; revising provisions relating to |
| 13 | residence reporting requirements for sexual predators; |
| 14 | creating s. 775.215, F.S.; preempting certain local |
| 15 | ordinances relating to residency limitations for sexual |
| 16 | predators and offenders and providing for repeal of such |
| 17 | ordinances; providing for limited exceptions for distance |
| 18 | provisions in ordinances meeting specified requirements; |
| 19 | amending s. 943.0435, F.S.; revising provisions relating |
| 20 | to residence reporting requirements for sexual offenders; |
| 21 | amending s. 943.04352, F.S.; requiring that the probation |
| 22 | services provider search in an additional specified sex |
| 23 | offender registry for information regarding sexual |
| 24 | predators and sexual offenders when an offender is placed |
| 25 | on misdemeanor probation; amending s. 944.606, F.S.; |
| 26 | revising address reporting requirements for sexual |
| 27 | offenders; amending s. 944.607, F.S.; requiring additional |
| 28 | registration information from sex offenders who are under |
| 29 | the supervision of the Department of Corrections but who |
| 30 | are not incarcerated; amending s. 947.1405, F.S.; revising |
| 31 | provisions relating to polygraph examinations of specified |
| 32 | conditional releasees who have committed specified sexual |
| 33 | offenses; providing additional restrictions for certain |
| 34 | conditional releasees who have committed specified sexual |
| 35 | offenses against minors under the age of 16 or have |
| 36 | similar convictions in another jurisdiction; amending s. |
| 37 | 948.30, F.S.; revising provisions relating to polygraph |
| 38 | examinations of specified probationers or community |
| 39 | controllees who have committed specified sexual offenses; |
| 40 | providing additional restrictions for certain probationers |
| 41 | or community controllees who committed specified sexual |
| 42 | offenses against minors under the age of 16 or who have |
| 43 | similar convictions in another jurisdiction; amending s. |
| 44 | 948.31, F.S.; deleting a requirement for diagnosis of |
| 45 | certain sexual predators and sexual offenders on community |
| 46 | control; revising provisions relating to treatment for |
| 47 | such offenders and predators; amending s. 985.481, F.S.; |
| 48 | providing additional address reporting requirements for |
| 49 | sexual offenders adjudicated delinquent; amending s. |
| 50 | 985.4815, F.S.; revising provisions relating to address |
| 51 | and residence reporting requirements for sexual offenders |
| 52 | adjudicated delinquent; providing an effective date. |
| 53 |
|
| 54 | Be It Enacted by the Legislature of the State of Florida: |
| 55 |
|
| 56 | Section 1. Section 856.022, Florida Statutes, is created |
| 57 | to read: |
| 58 | 856.022 Loitering or prowling by certain offenders in |
| 59 | close proximity to children; penalty.-- |
| 60 | (1) This section applies to an offender convicted of |
| 61 | committing, or attempting, soliciting, or conspiring to commit, |
| 62 | any of the criminal offenses proscribed in the following |
| 63 | statutes in this state or similar offenses in another |
| 64 | jurisdiction against a victim who was under the age of 18 at the |
| 65 | time of the offense: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
| 66 | where the victim is a minor and the offender was not the |
| 67 | victim's parent or guardian; s. 794.011, excluding s. |
| 68 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. |
| 69 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. |
| 70 | 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. |
| 71 | 985.701(1); or any similar offense committed in this state which |
| 72 | has been redesignated from a former statute number to one of |
| 73 | those listed in this subsection, if the offender has not |
| 74 | received a pardon for any felony or similar law of another |
| 75 | jurisdiction necessary for the operation of this subsection and |
| 76 | a conviction of a felony or similar law of another jurisdiction |
| 77 | necessary for the operation of this subsection has not been set |
| 78 | aside in any postconviction proceeding. |
| 79 | (2) An offender described in subsection (1) commits |
| 80 | loitering and prowling by a person convicted of a sexual offense |
| 81 | against a minor if, in committing loitering and prowling, he or |
| 82 | she was within 300 feet of a place where children regularly |
| 83 | congregate, including, but not limited to, a school, day care |
| 84 | center, playground, or park. |
| 85 | (3) It is unlawful for an offender described in subsection |
| 86 | (1) to: |
| 87 | (a) Knowingly approach, contact, or communicate with a |
| 88 | child under 18 years of age in any public park building or on |
| 89 | real property comprising any public park or playground with |
| 90 | intent to engage in conduct of a sexual nature, or to make a |
| 91 | communication of any type containing any content of a sexual |
| 92 | nature. This paragraph applies only to an offender described in |
| 93 | subsection (1) whose offense was committed on or after July 1, |
| 94 | 2010. |
| 95 | (b)1. Knowingly be present in any child care facility or |
| 96 | pre-K through 12 school or on real property comprising any child |
| 97 | care facility or pre-K through 12 school when the child care |
| 98 | facility or school is in operation unless the offender has |
| 99 | provided written notification of his or her intent to be present |
| 100 | to the school board, superintendent, principal, or child care |
| 101 | facility owner. |
| 102 | 2. Fail to notify the child care facility owner or the |
| 103 | principal's office when he or she arrives and departs the child |
| 104 | care facility or school. |
| 105 | 3. Fail to remain under direct supervision of a school |
| 106 | official or designated chaperone when present in the vicinity of |
| 107 | children. As used in this subparagraph, the term "school |
| 108 | official" means a principal, school resource officer, teacher or |
| 109 | any other employee of the school, the superintendent of schools, |
| 110 | a member of the school board, a child care facility owner, or a |
| 111 | child care provider. |
| 112 | (4) The offender is not in violation of subsection (3) if: |
| 113 | (a) The child care facility or school is a voting location |
| 114 | and the offender is present for the purpose of voting during the |
| 115 | hours designated for voting; or |
| 116 | (b) The offender is only dropping off or picking up his or |
| 117 | her own children or grandchildren at the child care facility or |
| 118 | school. |
| 119 | (5) Any person who violates this section commits a |
| 120 | misdemeanor of the first degree, punishable as provided in s. |
| 121 | 775.082 or s. 775.083. |
| 122 | Section 2. Paragraph (g) of subsection (2), paragraph (c) |
| 123 | of subsection (4), paragraph (a) of subsection (5), paragraphs |
| 124 | (a), (f), (g), (i), and (j) of subsection (6), paragraph (a) of |
| 125 | subsection (7), and paragraph (a) of subsection (8) of section |
| 126 | 775.21, Florida Statutes, are amended, and paragraph (l) is |
| 127 | added to subsection (2) of that section, to read: |
| 128 | 775.21 The Florida Sexual Predators Act.-- |
| 129 | (2) DEFINITIONS.--As used in this section, the term: |
| 130 | (g) "Temporary residence" means a place where the person |
| 131 | abides, lodges, or resides, including, but not limited to, |
| 132 | vacation, business, or personal travel destinations in or out of |
| 133 | this state, for a period of 5 or more days in the aggregate |
| 134 | during any calendar year and which is not the person's permanent |
| 135 | address or, for a person whose permanent residence is not in |
| 136 | this state, a place where the person is employed, practices a |
| 137 | vocation, or is enrolled as a student for any period of time in |
| 138 | this state. |
| 139 | (l) "Transient residence" means a place or county where a |
| 140 | person lives, remains, or is located for a period of 5 or more |
| 141 | days in the aggregate during a calendar year and which is not |
| 142 | the person's permanent or temporary address. The term includes, |
| 143 | but is not limited to, a place where the person sleeps or seeks |
| 144 | shelter and a location that has no specific street address. |
| 145 | (4) SEXUAL PREDATOR CRITERIA.-- |
| 146 | (c) If an offender has been registered as a sexual |
| 147 | predator by the Department of Corrections, the department, or |
| 148 | any other law enforcement agency and if: |
| 149 | 1. The court did not, for whatever reason, make a written |
| 150 | finding at the time of sentencing that the offender was a sexual |
| 151 | predator; or |
| 152 | 2. The offender was administratively registered as a |
| 153 | sexual predator because the Department of Corrections, the |
| 154 | department, or any other law enforcement agency obtained |
| 155 | information that indicated that the offender met the criteria |
| 156 | for designation as a sexual predator based on a violation of a |
| 157 | similar law in another jurisdiction, |
| 158 |
|
| 159 | the department shall remove that offender from the department's |
| 160 | list of sexual predators and, for an offender described under |
| 161 | subparagraph 1., shall notify the state attorney who prosecuted |
| 162 | the offense that met the criteria for administrative designation |
| 163 | as a sexual predator, and, for an offender described under this |
| 164 | paragraph, shall notify the state attorney of the county where |
| 165 | the offender establishes or maintains a permanent, or temporary, |
| 166 | or transient residence. The state attorney shall bring the |
| 167 | matter to the court's attention in order to establish that the |
| 168 | offender meets the criteria for designation as a sexual |
| 169 | predator. If the court makes a written finding that the offender |
| 170 | is a sexual predator, the offender must be designated as a |
| 171 | sexual predator, must register or be registered as a sexual |
| 172 | predator with the department as provided in subsection (6), and |
| 173 | is subject to the community and public notification as provided |
| 174 | in subsection (7). If the court does not make a written finding |
| 175 | that the offender is a sexual predator, the offender may not be |
| 176 | designated as a sexual predator with respect to that offense and |
| 177 | is not required to register or be registered as a sexual |
| 178 | predator with the department. |
| 179 | (5) SEXUAL PREDATOR DESIGNATION.--An offender is |
| 180 | designated as a sexual predator as follows: |
| 181 | (a)1. An offender who meets the sexual predator criteria |
| 182 | described in paragraph (4)(d) is a sexual predator, and the |
| 183 | court shall make a written finding at the time such offender is |
| 184 | determined to be a sexually violent predator under chapter 394 |
| 185 | that such person meets the criteria for designation as a sexual |
| 186 | predator for purposes of this section. The clerk shall transmit |
| 187 | a copy of the order containing the written finding to the |
| 188 | department within 48 hours after the entry of the order; |
| 189 | 2. An offender who meets the sexual predator criteria |
| 190 | described in paragraph (4)(a) who is before the court for |
| 191 | sentencing for a current offense committed on or after October |
| 192 | 1, 1993, is a sexual predator, and the sentencing court must |
| 193 | make a written finding at the time of sentencing that the |
| 194 | offender is a sexual predator, and the clerk of the court shall |
| 195 | transmit a copy of the order containing the written finding to |
| 196 | the department within 48 hours after the entry of the order; or |
| 197 | 3. If the Department of Corrections, the department, or |
| 198 | any other law enforcement agency obtains information which |
| 199 | indicates that an offender who establishes or maintains a |
| 200 | permanent, or temporary, or transient residence in this state |
| 201 | meets the sexual predator criteria described in paragraph (4)(a) |
| 202 | or paragraph (4)(d) because the offender was civilly committed |
| 203 | or committed a similar violation in another jurisdiction on or |
| 204 | after October 1, 1993, the Department of Corrections, the |
| 205 | department, or the law enforcement agency shall notify the state |
| 206 | attorney of the county where the offender establishes or |
| 207 | maintains a permanent, or temporary, or transient residence of |
| 208 | the offender's presence in the community. The state attorney |
| 209 | shall file a petition with the criminal division of the circuit |
| 210 | court for the purpose of holding a hearing to determine if the |
| 211 | offender's criminal record or record of civil commitment from |
| 212 | another jurisdiction meets the sexual predator criteria. If the |
| 213 | court finds that the offender meets the sexual predator criteria |
| 214 | because the offender has violated a similar law or similar laws |
| 215 | in another jurisdiction, the court shall make a written finding |
| 216 | that the offender is a sexual predator. |
| 217 |
|
| 218 | When the court makes a written finding that an offender is a |
| 219 | sexual predator, the court shall inform the sexual predator of |
| 220 | the registration and community and public notification |
| 221 | requirements described in this section. Within 48 hours after |
| 222 | the court designating an offender as a sexual predator, the |
| 223 | clerk of the circuit court shall transmit a copy of the court's |
| 224 | written sexual predator finding to the department. If the |
| 225 | offender is sentenced to a term of imprisonment or supervision, |
| 226 | a copy of the court's written sexual predator finding must be |
| 227 | submitted to the Department of Corrections. |
| 228 | (6) REGISTRATION.-- |
| 229 | (a) A sexual predator must register with the department |
| 230 | through the sheriff's office by providing the following |
| 231 | information to the department: |
| 232 | 1. Name, social security number, age, race, sex, date of |
| 233 | birth, height, weight, hair and eye color, photograph, address |
| 234 | of legal residence and address of any current temporary |
| 235 | residence, within the state or out of state, including a rural |
| 236 | route address and a post office box, if no permanent or |
| 237 | temporary address, any transient residence within the state, |
| 238 | address, location or description, and dates of any current or |
| 239 | known future temporary residence within the state or out of |
| 240 | state, any electronic mail address and any instant message name |
| 241 | required to be provided pursuant to subparagraph (g)4., home |
| 242 | telephone number and any cellular telephone number, date and |
| 243 | place of any employment, date and place of each conviction, |
| 244 | fingerprints, and a brief description of the crime or crimes |
| 245 | committed by the offender. A post office box shall not be |
| 246 | provided in lieu of a physical residential address. |
| 247 | a. If the sexual predator's place of residence is a motor |
| 248 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 249 | in chapter 320, the sexual predator shall also provide to the |
| 250 | department written notice of the vehicle identification number; |
| 251 | the license tag number; the registration number; and a |
| 252 | description, including color scheme, of the motor vehicle, |
| 253 | trailer, mobile home, or manufactured home. If a sexual |
| 254 | predator's place of residence is a vessel, live-aboard vessel, |
| 255 | or houseboat, as defined in chapter 327, the sexual predator |
| 256 | shall also provide to the department written notice of the hull |
| 257 | identification number; the manufacturer's serial number; the |
| 258 | name of the vessel, live-aboard vessel, or houseboat; the |
| 259 | registration number; and a description, including color scheme, |
| 260 | of the vessel, live-aboard vessel, or houseboat. |
| 261 | b. If the sexual predator is enrolled, employed, or |
| 262 | carrying on a vocation at an institution of higher education in |
| 263 | this state, the sexual predator shall also provide to the |
| 264 | department the name, address, and county of each institution, |
| 265 | including each campus attended, and the sexual predator's |
| 266 | enrollment or employment status. Each change in enrollment or |
| 267 | employment status shall be reported in person at the sheriff's |
| 268 | office, or the Department of Corrections if the sexual predator |
| 269 | is in the custody or control of or under the supervision of the |
| 270 | Department of Corrections, within 48 hours after any change in |
| 271 | status. The sheriff or the Department of Corrections shall |
| 272 | promptly notify each institution of the sexual predator's |
| 273 | presence and any change in the sexual predator's enrollment or |
| 274 | employment status. |
| 275 | 2. Any other information determined necessary by the |
| 276 | department, including criminal and corrections records; |
| 277 | nonprivileged personnel and treatment records; and evidentiary |
| 278 | genetic markers when available. |
| 279 | (f) Within 48 hours after the registration required under |
| 280 | paragraph (a) or paragraph (e), a sexual predator who is not |
| 281 | incarcerated and who resides in the community, including a |
| 282 | sexual predator under the supervision of the Department of |
| 283 | Corrections, shall register in person at a driver's license |
| 284 | office of the Department of Highway Safety and Motor Vehicles |
| 285 | and shall present proof of registration. At the driver's license |
| 286 | office the sexual predator shall: |
| 287 | 1. If otherwise qualified, secure a Florida driver's |
| 288 | license, renew a Florida driver's license, or secure an |
| 289 | identification card. The sexual predator shall identify himself |
| 290 | or herself as a sexual predator who is required to comply with |
| 291 | this section, provide his or her place of permanent, or |
| 292 | temporary, or transient residence, including a rural route |
| 293 | address and a post office box, and submit to the taking of a |
| 294 | photograph for use in issuing a driver's license, renewed |
| 295 | license, or identification card, and for use by the department |
| 296 | in maintaining current records of sexual predators. A post |
| 297 | office box shall not be provided in lieu of a physical |
| 298 | residential address. If the sexual predator's place of residence |
| 299 | is a motor vehicle, trailer, mobile home, or manufactured home, |
| 300 | as defined in chapter 320, the sexual predator shall also |
| 301 | provide to the Department of Highway Safety and Motor Vehicles |
| 302 | the vehicle identification number; the license tag number; the |
| 303 | registration number; and a description, including color scheme, |
| 304 | of the motor vehicle, trailer, mobile home, or manufactured |
| 305 | home. If a sexual predator's place of residence is a vessel, |
| 306 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 307 | sexual predator shall also provide to the Department of Highway |
| 308 | Safety and Motor Vehicles the hull identification number; the |
| 309 | manufacturer's serial number; the name of the vessel, live- |
| 310 | aboard vessel, or houseboat; the registration number; and a |
| 311 | description, including color scheme, of the vessel, live-aboard |
| 312 | vessel, or houseboat. |
| 313 | 2. Pay the costs assessed by the Department of Highway |
| 314 | Safety and Motor Vehicles for issuing or renewing a driver's |
| 315 | license or identification card as required by this section. The |
| 316 | driver's license or identification card issued to the sexual |
| 317 | predator must be in compliance with s. 322.141(3). |
| 318 | 3. Provide, upon request, any additional information |
| 319 | necessary to confirm the identity of the sexual predator, |
| 320 | including a set of fingerprints. |
| 321 | (g)1. Each time a sexual predator's driver's license or |
| 322 | identification card is subject to renewal, and, without regard |
| 323 | to the status of the predator's driver's license or |
| 324 | identification card, within 48 hours after any change of the |
| 325 | predator's residence or change in the predator's name by reason |
| 326 | of marriage or other legal process, the predator shall report in |
| 327 | person to a driver's license office and shall be subject to the |
| 328 | requirements specified in paragraph (f). The Department of |
| 329 | Highway Safety and Motor Vehicles shall forward to the |
| 330 | department and to the Department of Corrections all photographs |
| 331 | and information provided by sexual predators. Notwithstanding |
| 332 | the restrictions set forth in s. 322.142, the Department of |
| 333 | Highway Safety and Motor Vehicles is authorized to release a |
| 334 | reproduction of a color-photograph or digital-image license to |
| 335 | the Department of Law Enforcement for purposes of public |
| 336 | notification of sexual predators as provided in this section. |
| 337 | 2. A sexual predator who vacates a permanent, temporary, |
| 338 | or transient residence and fails to establish or maintain |
| 339 | another permanent, or temporary, or transient residence shall, |
| 340 | within 48 hours after vacating the permanent, temporary, or |
| 341 | transient residence, report in person to the sheriff's office of |
| 342 | the county in which he or she is located. The sexual predator |
| 343 | shall specify the date upon which he or she intends to or did |
| 344 | vacate such residence. The sexual predator must provide or |
| 345 | update all of the registration information required under |
| 346 | paragraph (a). The sexual predator must provide an address for |
| 347 | the residence or other place location that he or she is or will |
| 348 | be located occupying during the time in which he or she fails to |
| 349 | establish or maintain a permanent or temporary residence. |
| 350 | 3. A sexual predator who remains at a permanent, |
| 351 | temporary, or transient residence after reporting his or her |
| 352 | intent to vacate such residence shall, within 48 hours after the |
| 353 | date upon which the predator indicated he or she would or did |
| 354 | vacate such residence, report in person to the sheriff's office |
| 355 | to which he or she reported pursuant to subparagraph 2. for the |
| 356 | purpose of reporting his or her address at such residence. When |
| 357 | the sheriff receives the report, the sheriff shall promptly |
| 358 | convey the information to the department. An offender who makes |
| 359 | a report as required under subparagraph 2. but fails to make a |
| 360 | report as required under this subparagraph commits a felony of |
| 361 | the second degree, punishable as provided in s. 775.082, s. |
| 362 | 775.083, or s. 775.084. |
| 363 | 4. A sexual predator must register any electronic mail |
| 364 | address or instant message name with the department prior to |
| 365 | using such electronic mail address or instant message name on or |
| 366 | after October 1, 2007. The department shall establish an online |
| 367 | system through which sexual predators may securely access and |
| 368 | update all electronic mail address and instant message name |
| 369 | information. |
| 370 | (i) A sexual predator who intends to establish a |
| 371 | permanent, temporary, or transient residence in another state or |
| 372 | jurisdiction other than the State of Florida shall report in |
| 373 | person to the sheriff of the county of current residence within |
| 374 | 48 hours before the date he or she intends to leave this state |
| 375 | to establish residence in another state or jurisdiction. The |
| 376 | sexual predator must provide to the sheriff the address, |
| 377 | municipality, county, and state of intended residence. The |
| 378 | sheriff shall promptly provide to the department the information |
| 379 | received from the sexual predator. The department shall notify |
| 380 | the statewide law enforcement agency, or a comparable agency, in |
| 381 | the intended state or jurisdiction of residence of the sexual |
| 382 | predator's intended residence. The failure of a sexual predator |
| 383 | to provide his or her intended place of residence is punishable |
| 384 | as provided in subsection (10). |
| 385 | (j) A sexual predator who indicates his or her intent to |
| 386 | establish a permanent, temporary, or transient residence reside |
| 387 | in another state or jurisdiction other than the State of Florida |
| 388 | and later decides to remain in this state shall, within 48 hours |
| 389 | after the date upon which the sexual predator indicated he or |
| 390 | she would leave this state, report in person to the sheriff to |
| 391 | which the sexual predator reported the intended change of |
| 392 | residence, and report his or her intent to remain in this state. |
| 393 | If the sheriff is notified by the sexual predator that he or she |
| 394 | intends to remain in this state, the sheriff shall promptly |
| 395 | report this information to the department. A sexual predator who |
| 396 | reports his or her intent to establish a permanent, temporary, |
| 397 | or transient residence reside in another state or jurisdiction, |
| 398 | but who remains in this state without reporting to the sheriff |
| 399 | in the manner required by this paragraph, commits a felony of |
| 400 | the second degree, punishable as provided in s. 775.082, s. |
| 401 | 775.083, or s. 775.084. |
| 402 | (7) COMMUNITY AND PUBLIC NOTIFICATION.-- |
| 403 | (a) Law enforcement agencies must inform members of the |
| 404 | community and the public of a sexual predator's presence. Upon |
| 405 | notification of the presence of a sexual predator, the sheriff |
| 406 | of the county or the chief of police of the municipality where |
| 407 | the sexual predator establishes or maintains a permanent or |
| 408 | temporary residence shall notify members of the community and |
| 409 | the public of the presence of the sexual predator in a manner |
| 410 | deemed appropriate by the sheriff or the chief of police. Within |
| 411 | 48 hours after receiving notification of the presence of a |
| 412 | sexual predator, the sheriff of the county or the chief of |
| 413 | police of the municipality where the sexual predator temporarily |
| 414 | or permanently resides shall notify each licensed day care |
| 415 | center, elementary school, middle school, and high school within |
| 416 | a 1-mile radius of the temporary or permanent residence of the |
| 417 | sexual predator of the presence of the sexual predator. |
| 418 | Information provided to members of the community and the public |
| 419 | regarding a sexual predator must include: |
| 420 | 1. The name of the sexual predator; |
| 421 | 2. A description of the sexual predator, including a |
| 422 | photograph; |
| 423 | 3. The sexual predator's current permanent, temporary, and |
| 424 | transient addresses, and descriptions of registered locations |
| 425 | that have no specific street address, including the name of the |
| 426 | county or municipality if known; |
| 427 | 4. The circumstances of the sexual predator's offense or |
| 428 | offenses; and |
| 429 | 5. Whether the victim of the sexual predator's offense or |
| 430 | offenses was, at the time of the offense, a minor or an adult. |
| 431 |
|
| 432 | This paragraph does not authorize the release of the name of any |
| 433 | victim of the sexual predator. |
| 434 | (8) VERIFICATION.--The department and the Department of |
| 435 | Corrections shall implement a system for verifying the addresses |
| 436 | of sexual predators. The system must be consistent with the |
| 437 | provisions of the federal Adam Walsh Child Protection and Safety |
| 438 | Act of 2006 and any other federal standards applicable to such |
| 439 | verification or required to be met as a condition for the |
| 440 | receipt of federal funds by the state. The Department of |
| 441 | Corrections shall verify the addresses of sexual predators who |
| 442 | are not incarcerated but who reside in the community under the |
| 443 | supervision of the Department of Corrections and shall report to |
| 444 | the department any failure by a sexual predator to comply with |
| 445 | registration requirements. County and local law enforcement |
| 446 | agencies, in conjunction with the department, shall verify the |
| 447 | addresses of sexual predators who are not under the care, |
| 448 | custody, control, or supervision of the Department of |
| 449 | Corrections. Local law enforcement agencies shall report to the |
| 450 | department any failure by a sexual predator to comply with |
| 451 | registration requirements. |
| 452 | (a) A sexual predator must report in person each year |
| 453 | during the month of the sexual predator's birthday and during |
| 454 | every third month thereafter to the sheriff's office in the |
| 455 | county in which he or she resides or is otherwise located to |
| 456 | reregister. The sheriff's office may determine the appropriate |
| 457 | times and days for reporting by the sexual predator, which shall |
| 458 | be consistent with the reporting requirements of this paragraph. |
| 459 | Reregistration shall include any changes to the following |
| 460 | information: |
| 461 | 1. Name; social security number; age; race; sex; date of |
| 462 | birth; height; weight; hair and eye color; address of any |
| 463 | permanent residence and address of any current temporary |
| 464 | residence, within the state or out of state, including a rural |
| 465 | route address and a post office box; if no permanent or |
| 466 | temporary address, any transient residence within the state; |
| 467 | address, location or description, and dates of any current or |
| 468 | known future temporary residence within the state or out of |
| 469 | state; any electronic mail address and any instant message name |
| 470 | required to be provided pursuant to subparagraph (6)(g)4.; home |
| 471 | telephone number and any cellular telephone number; date and |
| 472 | place of any employment; vehicle make, model, color, and license |
| 473 | tag number; fingerprints; and photograph. A post office box |
| 474 | shall not be provided in lieu of a physical residential address. |
| 475 | 2. If the sexual predator is enrolled, employed, or |
| 476 | carrying on a vocation at an institution of higher education in |
| 477 | this state, the sexual predator shall also provide to the |
| 478 | department the name, address, and county of each institution, |
| 479 | including each campus attended, and the sexual predator's |
| 480 | enrollment or employment status. |
| 481 | 3. If the sexual predator's place of residence is a motor |
| 482 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 483 | in chapter 320, the sexual predator shall also provide the |
| 484 | vehicle identification number; the license tag number; the |
| 485 | registration number; and a description, including color scheme, |
| 486 | of the motor vehicle, trailer, mobile home, or manufactured |
| 487 | home. If the sexual predator's place of residence is a vessel, |
| 488 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 489 | sexual predator shall also provide the hull identification |
| 490 | number; the manufacturer's serial number; the name of the |
| 491 | vessel, live-aboard vessel, or houseboat; the registration |
| 492 | number; and a description, including color scheme, of the |
| 493 | vessel, live-aboard vessel, or houseboat. |
| 494 | Section 3. Section 775.215, Florida Statutes, is created |
| 495 | to read: |
| 496 | 775.215 Residency exclusions for sexual offenders or |
| 497 | predators; local ordinances preempted.-- |
| 498 | (1) The establishment of residency exclusions applicable |
| 499 | to the residence of a person required to register as a sexual |
| 500 | offender or sexual predator is expressly preempted to the state, |
| 501 | and the provisions of ss. 794.065, 947.1405, and 948.30 |
| 502 | establishing such exclusions supersede any municipal or county |
| 503 | ordinances imposing different exclusions. |
| 504 | (2)(a) Any provision of an ordinance adopted by a county |
| 505 | or municipality prior to July 1, 2010, imposing residency |
| 506 | exclusions for the residence of a person subject to the |
| 507 | provisions of s. 794.065, s. 947.1405, or s. 948.30 in excess of |
| 508 | the requirements of those provisions is repealed and abolished |
| 509 | as of July 1, 2010, except to the extent an ordinance as |
| 510 | provided in paragraph (b) is adopted prior to that date. |
| 511 | (b) A county or municipality may, upon the recommendation |
| 512 | of its chief law enforcement officer and upon a finding of |
| 513 | public necessity, adopt an ordinance that increases the distance |
| 514 | exclusions for the residence of a person subject to the |
| 515 | provisions of s. 794.065, s. 947.1405, or s. 948.30 up to a |
| 516 | maximum distance of 1,750 feet. |
| 517 | Section 4. Paragraph (c) of subsection (1), subsection |
| 518 | (2), paragraphs (a), (b), and (c) of subsection (4), subsections |
| 519 | (7), (8), and (10), and paragraph (c) of subsection (14) of |
| 520 | section 943.0435, Florida Statutes, are amended to read: |
| 521 | 943.0435 Sexual offenders required to register with the |
| 522 | department; penalty.-- |
| 523 | (1) As used in this section, the term: |
| 524 | (c) "Permanent residence," and "temporary residence," and |
| 525 | "transient residence" have the same meaning ascribed in s. |
| 526 | 775.21. |
| 527 | (2) A sexual offender shall: |
| 528 | (a) Report in person at the sheriff's office: |
| 529 | 1. In the county in which the offender establishes or |
| 530 | maintains a permanent, or temporary, or transient residence |
| 531 | within 48 hours after: |
| 532 | a. Establishing permanent, or temporary, or transient |
| 533 | residence in this state; or |
| 534 | b. Being released from the custody, control, or |
| 535 | supervision of the Department of Corrections or from the custody |
| 536 | of a private correctional facility; or |
| 537 | 2. In the county where he or she was convicted within 48 |
| 538 | hours after being convicted for a qualifying offense for |
| 539 | registration under this section if the offender is not in the |
| 540 | custody or control of, or under the supervision of, the |
| 541 | Department of Corrections, or is not in the custody of a private |
| 542 | correctional facility. |
| 543 |
|
| 544 | Any change in the information required to be provided pursuant |
| 545 | to paragraph (b), including, but not limited to, any change in |
| 546 | the sexual offender's permanent, or temporary, or transient |
| 547 | residence, name, any electronic mail address and any instant |
| 548 | message name required to be provided pursuant to paragraph |
| 549 | (4)(d), after the sexual offender reports in person at the |
| 550 | sheriff's office, shall be accomplished in the manner provided |
| 551 | in subsections (4), (7), and (8). |
| 552 | (b) Provide his or her name, date of birth, social |
| 553 | security number, race, sex, height, weight, hair and eye color, |
| 554 | tattoos or other identifying marks, occupation and place of |
| 555 | employment, address of permanent or legal residence or address |
| 556 | of any current temporary residence, within the state or and out |
| 557 | of state, including a rural route address and a post office box, |
| 558 | if no permanent or temporary address, any transient residence |
| 559 | within the state, address, location or description, and dates of |
| 560 | any current or known future temporary residence within the state |
| 561 | or out of state, home telephone number and any cellular |
| 562 | telephone number, any electronic mail address and any instant |
| 563 | message name required to be provided pursuant to paragraph |
| 564 | (4)(d), date and place of each conviction, and a brief |
| 565 | description of the crime or crimes committed by the offender. A |
| 566 | post office box shall not be provided in lieu of a physical |
| 567 | residential address. |
| 568 | 1. If the sexual offender's place of residence is a motor |
| 569 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 570 | in chapter 320, the sexual offender shall also provide to the |
| 571 | department through the sheriff's office written notice of the |
| 572 | vehicle identification number; the license tag number; the |
| 573 | registration number; and a description, including color scheme, |
| 574 | of the motor vehicle, trailer, mobile home, or manufactured |
| 575 | home. If the sexual offender's place of residence is a vessel, |
| 576 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 577 | sexual offender shall also provide to the department written |
| 578 | notice of the hull identification number; the manufacturer's |
| 579 | serial number; the name of the vessel, live-aboard vessel, or |
| 580 | houseboat; the registration number; and a description, including |
| 581 | color scheme, of the vessel, live-aboard vessel, or houseboat. |
| 582 | 2. If the sexual offender is enrolled, employed, or |
| 583 | carrying on a vocation at an institution of higher education in |
| 584 | this state, the sexual offender shall also provide to the |
| 585 | department through the sheriff's office the name, address, and |
| 586 | county of each institution, including each campus attended, and |
| 587 | the sexual offender's enrollment or employment status. Each |
| 588 | change in enrollment or employment status shall be reported in |
| 589 | person at the sheriff's office, within 48 hours after any change |
| 590 | in status. The sheriff shall promptly notify each institution of |
| 591 | the sexual offender's presence and any change in the sexual |
| 592 | offender's enrollment or employment status. |
| 593 |
|
| 594 | When a sexual offender reports at the sheriff's office, the |
| 595 | sheriff shall take a photograph and a set of fingerprints of the |
| 596 | offender and forward the photographs and fingerprints to the |
| 597 | department, along with the information provided by the sexual |
| 598 | offender. The sheriff shall promptly provide to the department |
| 599 | the information received from the sexual offender. |
| 600 | (4)(a) Each time a sexual offender's driver's license or |
| 601 | identification card is subject to renewal, and, without regard |
| 602 | to the status of the offender's driver's license or |
| 603 | identification card, within 48 hours after any change in the |
| 604 | offender's permanent, or temporary, or transient residence or |
| 605 | change in the offender's name by reason of marriage or other |
| 606 | legal process, the offender shall report in person to a driver's |
| 607 | license office, and shall be subject to the requirements |
| 608 | specified in subsection (3). The Department of Highway Safety |
| 609 | and Motor Vehicles shall forward to the department all |
| 610 | photographs and information provided by sexual offenders. |
| 611 | Notwithstanding the restrictions set forth in s. 322.142, the |
| 612 | Department of Highway Safety and Motor Vehicles is authorized to |
| 613 | release a reproduction of a color-photograph or digital-image |
| 614 | license to the Department of Law Enforcement for purposes of |
| 615 | public notification of sexual offenders as provided in this |
| 616 | section and ss. 943.043 and 944.606. |
| 617 | (b) A sexual offender who vacates a permanent, temporary, |
| 618 | or transient residence and fails to establish or maintain |
| 619 | another permanent, or temporary, or transient residence shall, |
| 620 | within 48 hours after vacating the permanent, temporary, or |
| 621 | transient residence, report in person to the sheriff's office of |
| 622 | the county in which he or she is located. The sexual offender |
| 623 | shall specify the date upon which he or she intends to or did |
| 624 | vacate such residence. The sexual offender must provide or |
| 625 | update all of the registration information required under |
| 626 | paragraph (2)(b). The sexual offender must provide an address |
| 627 | for the residence or other place location that he or she is or |
| 628 | will be located occupying during the time in which he or she |
| 629 | fails to establish or maintain a permanent or temporary |
| 630 | residence. |
| 631 | (c) A sexual offender who remains at a permanent, |
| 632 | temporary, or transient residence after reporting his or her |
| 633 | intent to vacate such residence shall, within 48 hours after the |
| 634 | date upon which the offender indicated he or she would or did |
| 635 | vacate such residence, report in person to the agency to which |
| 636 | he or she reported pursuant to paragraph (b) for the purpose of |
| 637 | reporting his or her address at such residence. When the sheriff |
| 638 | receives the report, the sheriff shall promptly convey the |
| 639 | information to the department. An offender who makes a report as |
| 640 | required under paragraph (b) but fails to make a report as |
| 641 | required under this paragraph commits a felony of the second |
| 642 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 643 | 775.084. |
| 644 | (7) A sexual offender who intends to establish a |
| 645 | permanent, temporary, or transient residence in another state or |
| 646 | jurisdiction other than the State of Florida shall report in |
| 647 | person to the sheriff of the county of current residence within |
| 648 | 48 hours before the date he or she intends to leave this state |
| 649 | to establish residence in another state or jurisdiction. The |
| 650 | notification must include the address, municipality, county, and |
| 651 | state of intended residence. The sheriff shall promptly provide |
| 652 | to the department the information received from the sexual |
| 653 | offender. The department shall notify the statewide law |
| 654 | enforcement agency, or a comparable agency, in the intended |
| 655 | state or jurisdiction of residence of the sexual offender's |
| 656 | intended residence. The failure of a sexual offender to provide |
| 657 | his or her intended place of residence is punishable as provided |
| 658 | in subsection (9). |
| 659 | (8) A sexual offender who indicates his or her intent to |
| 660 | establish a permanent, temporary, or transient residence reside |
| 661 | in another state or jurisdiction other than the State of Florida |
| 662 | and later decides to remain in this state shall, within 48 hours |
| 663 | after the date upon which the sexual offender indicated he or |
| 664 | she would leave this state, report in person to the sheriff to |
| 665 | which the sexual offender reported the intended change of |
| 666 | permanent, temporary, or transient residence, and report his or |
| 667 | her intent to remain in this state. The sheriff shall promptly |
| 668 | report this information to the department. A sexual offender who |
| 669 | reports his or her intent to establish a permanent, temporary, |
| 670 | or transient residence reside in another state or jurisdiction |
| 671 | but who remains in this state without reporting to the sheriff |
| 672 | in the manner required by this subsection commits a felony of |
| 673 | the second degree, punishable as provided in s. 775.082, s. |
| 674 | 775.083, or s. 775.084. |
| 675 | (10) The department, the Department of Highway Safety and |
| 676 | Motor Vehicles, the Department of Corrections, the Department of |
| 677 | Juvenile Justice, any law enforcement agency in this state, and |
| 678 | the personnel of those departments; an elected or appointed |
| 679 | official, public employee, or school administrator; or an |
| 680 | employee, agency, or any individual or entity acting at the |
| 681 | request or upon the direction of any law enforcement agency is |
| 682 | immune from civil liability for damages for good faith |
| 683 | compliance with the requirements of this section or for the |
| 684 | release of information under this section, and shall be presumed |
| 685 | to have acted in good faith in compiling, recording, reporting, |
| 686 | or releasing the information. The presumption of good faith is |
| 687 | not overcome if a technical or clerical error is made by the |
| 688 | department, the Department of Highway Safety and Motor Vehicles, |
| 689 | the Department of Corrections, the Department of Juvenile |
| 690 | Justice, the personnel of those departments, or any individual |
| 691 | or entity acting at the request or upon the direction of any of |
| 692 | those departments in compiling or providing information, or if |
| 693 | information is incomplete or incorrect because a sexual offender |
| 694 | fails to report or falsely reports his or her current place of |
| 695 | permanent, or temporary, or transient residence. |
| 696 | (14) |
| 697 | (c) The sheriff's office may determine the appropriate |
| 698 | times and days for reporting by the sexual offender, which shall |
| 699 | be consistent with the reporting requirements of this |
| 700 | subsection. Reregistration shall include any changes to the |
| 701 | following information: |
| 702 | 1. Name; social security number; age; race; sex; date of |
| 703 | birth; height; weight; hair and eye color; address of any |
| 704 | permanent residence and address of any current temporary |
| 705 | residence, within the state or out of state, including a rural |
| 706 | route address and a post office box; if no permanent or |
| 707 | temporary address, any transient residence within the state; |
| 708 | address, location or description, and dates of any current or |
| 709 | known future temporary residence within the state or out of |
| 710 | state; any electronic mail address and any instant message name |
| 711 | required to be provided pursuant to paragraph (4)(d); home |
| 712 | telephone number and any cellular telephone number; date and |
| 713 | place of any employment; vehicle make, model, color, and license |
| 714 | tag number; fingerprints; and photograph. A post office box |
| 715 | shall not be provided in lieu of a physical residential address. |
| 716 | 2. If the sexual offender is enrolled, employed, or |
| 717 | carrying on a vocation at an institution of higher education in |
| 718 | this state, the sexual offender shall also provide to the |
| 719 | department the name, address, and county of each institution, |
| 720 | including each campus attended, and the sexual offender's |
| 721 | enrollment or employment status. |
| 722 | 3. If the sexual offender's place of residence is a motor |
| 723 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 724 | in chapter 320, the sexual offender shall also provide the |
| 725 | vehicle identification number; the license tag number; the |
| 726 | registration number; and a description, including color scheme, |
| 727 | of the motor vehicle, trailer, mobile home, or manufactured |
| 728 | home. If the sexual offender's place of residence is a vessel, |
| 729 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 730 | sexual offender shall also provide the hull identification |
| 731 | number; the manufacturer's serial number; the name of the |
| 732 | vessel, live-aboard vessel, or houseboat; the registration |
| 733 | number; and a description, including color scheme, of the |
| 734 | vessel, live-aboard vessel or houseboat. |
| 735 | 4. Any sexual offender who fails to report in person as |
| 736 | required at the sheriff's office, or who fails to respond to any |
| 737 | address verification correspondence from the department within 3 |
| 738 | weeks of the date of the correspondence or who fails to report |
| 739 | electronic mail addresses or instant message names, commits a |
| 740 | felony of the third degree, punishable as provided in s. |
| 741 | 775.082, s. 775.083, or s. 775.084. |
| 742 | Section 5. Section 943.04352, Florida Statutes, is amended |
| 743 | to read: |
| 744 | 943.04352 Search of registration information regarding |
| 745 | sexual predators and sexual offenders required when placement on |
| 746 | misdemeanor probation.--When the court places a defendant on |
| 747 | misdemeanor probation pursuant to ss. 948.01 and 948.15, the |
| 748 | public or private entity providing probation services must |
| 749 | conduct a search of the probationer's name or other identifying |
| 750 | information against the registration information regarding |
| 751 | sexual predators and sexual offenders maintained by the |
| 752 | Department of Law Enforcement under s. 943.043. The probation |
| 753 | services provider may conduct the search using the Internet site |
| 754 | maintained by the Department of Law Enforcement. Also, a |
| 755 | national search must be conducted through the Dru Sjodin |
| 756 | National Sex Offender Public Website maintained by the United |
| 757 | States Department of Justice. |
| 758 | Section 6. Paragraph (a) of subsection (3) of section |
| 759 | 944.606, Florida Statutes, is amended to read: |
| 760 | 944.606 Sexual offenders; notification upon release.-- |
| 761 | (3)(a) The department must provide information regarding |
| 762 | any sexual offender who is being released after serving a period |
| 763 | of incarceration for any offense, as follows: |
| 764 | 1. The department must provide: the sexual offender's |
| 765 | name, any change in the offender's name by reason of marriage or |
| 766 | other legal process, and any alias, if known; the correctional |
| 767 | facility from which the sexual offender is released; the sexual |
| 768 | offender's social security number, race, sex, date of birth, |
| 769 | height, weight, and hair and eye color; address of any planned |
| 770 | permanent residence or temporary residence, within the state or |
| 771 | out of state, including a rural route address and a post office |
| 772 | box; if no permanent or temporary address, any transient |
| 773 | residence within the state; address, location or description, |
| 774 | and dates of any known future temporary residence within the |
| 775 | state or out of state; date and county of sentence and each |
| 776 | crime for which the offender was sentenced; a copy of the |
| 777 | offender's fingerprints and a digitized photograph taken within |
| 778 | 60 days before release; the date of release of the sexual |
| 779 | offender; any electronic mail address and any instant message |
| 780 | name required to be provided pursuant to s. 943.0435(4)(d); and |
| 781 | home telephone number and any cellular telephone number; and the |
| 782 | offender's intended residence address, if known. The department |
| 783 | shall notify the Department of Law Enforcement if the sexual |
| 784 | offender escapes, absconds, or dies. If the sexual offender is |
| 785 | in the custody of a private correctional facility, the facility |
| 786 | shall take the digitized photograph of the sexual offender |
| 787 | within 60 days before the sexual offender's release and provide |
| 788 | this photograph to the Department of Corrections and also place |
| 789 | it in the sexual offender's file. If the sexual offender is in |
| 790 | the custody of a local jail, the custodian of the local jail |
| 791 | shall register the offender within 3 business days after intake |
| 792 | of the offender for any reason and upon release, and shall |
| 793 | notify the Department of Law Enforcement of the sexual |
| 794 | offender's release and provide to the Department of Law |
| 795 | Enforcement the information specified in this paragraph and any |
| 796 | information specified in subparagraph 2. that the Department of |
| 797 | Law Enforcement requests. |
| 798 | 2. The department may provide any other information deemed |
| 799 | necessary, including criminal and corrections records, |
| 800 | nonprivileged personnel and treatment records, when available. |
| 801 | Section 7. Subsections (4) and (6) and paragraph (c) of |
| 802 | subsection (13) of section 944.607, Florida Statutes, are |
| 803 | amended to read: |
| 804 | 944.607 Notification to Department of Law Enforcement of |
| 805 | information on sexual offenders.-- |
| 806 | (4) A sexual offender, as described in this section, who |
| 807 | is under the supervision of the Department of Corrections but is |
| 808 | not incarcerated must register with the Department of |
| 809 | Corrections within 3 business days after sentencing for a |
| 810 | registrable registerable offense and otherwise provide |
| 811 | information as required by this subsection. |
| 812 | (a) The sexual offender shall provide his or her name; |
| 813 | date of birth; social security number; race; sex; height; |
| 814 | weight; hair and eye color; tattoos or other identifying marks; |
| 815 | any electronic mail address and any instant message name |
| 816 | required to be provided pursuant to s. 943.0435(4)(d); and |
| 817 | permanent or legal residence and address of temporary residence |
| 818 | within the state or out of state while the sexual offender is |
| 819 | under supervision in this state, including any rural route |
| 820 | address or post office box; if no permanent or temporary |
| 821 | address, any transient residence within the state; and address, |
| 822 | location or description, and dates of any current or known |
| 823 | future temporary residence within the state or out of state. The |
| 824 | Department of Corrections shall verify the address of each |
| 825 | sexual offender in the manner described in ss. 775.21 and |
| 826 | 943.0435. The department shall report to the Department of Law |
| 827 | Enforcement any failure by a sexual predator or sexual offender |
| 828 | to comply with registration requirements. |
| 829 | (b) If the sexual offender is enrolled, employed, or |
| 830 | carrying on a vocation at an institution of higher education in |
| 831 | this state, the sexual offender shall provide the name, address, |
| 832 | and county of each institution, including each campus attended, |
| 833 | and the sexual offender's enrollment or employment status. Each |
| 834 | change in enrollment or employment status shall be reported to |
| 835 | the department within 48 hours after the change in status. The |
| 836 | Department of Corrections shall promptly notify each institution |
| 837 | of the sexual offender's presence and any change in the sexual |
| 838 | offender's enrollment or employment status. |
| 839 | (6) The information provided to the Department of Law |
| 840 | Enforcement must include: |
| 841 | (a) The information obtained from the sexual offender |
| 842 | under subsection (4); |
| 843 | (b) The sexual offender's most current address, and place |
| 844 | of permanent, and temporary, or transient residence within the |
| 845 | state or out of state, and address, location or description, and |
| 846 | dates of any current or known future temporary residence within |
| 847 | the state or out of state, while the sexual offender is under |
| 848 | supervision in this state, including the name of the county or |
| 849 | municipality in which the offender permanently or temporarily |
| 850 | resides, or has a transient residence, and address, location or |
| 851 | description, and dates of any current or known future temporary |
| 852 | residence within the state or out of state, and, if known, the |
| 853 | intended place of permanent, or temporary, or transient |
| 854 | residence, and address, location or description, and dates of |
| 855 | any current or known future temporary residence within the state |
| 856 | or out of state upon satisfaction of all sanctions; |
| 857 | (c) The legal status of the sexual offender and the |
| 858 | scheduled termination date of that legal status; |
| 859 | (d) The location of, and local telephone number for, any |
| 860 | Department of Corrections' office that is responsible for |
| 861 | supervising the sexual offender; |
| 862 | (e) An indication of whether the victim of the offense |
| 863 | that resulted in the offender's status as a sexual offender was |
| 864 | a minor; |
| 865 | (f) The offense or offenses at conviction which resulted |
| 866 | in the determination of the offender's status as a sex offender; |
| 867 | and |
| 868 | (g) A digitized photograph of the sexual offender which |
| 869 | must have been taken within 60 days before the offender is |
| 870 | released from the custody of the department or a private |
| 871 | correctional facility by expiration of sentence under s. 944.275 |
| 872 | or must have been taken by January 1, 1998, or within 60 days |
| 873 | after the onset of the department's supervision of any sexual |
| 874 | offender who is on probation, community control, conditional |
| 875 | release, parole, provisional release, or control release or who |
| 876 | is supervised by the department under the Interstate Compact |
| 877 | Agreement for Probationers and Parolees. If the sexual offender |
| 878 | is in the custody of a private correctional facility, the |
| 879 | facility shall take a digitized photograph of the sexual |
| 880 | offender within the time period provided in this paragraph and |
| 881 | shall provide the photograph to the department. |
| 882 |
|
| 883 | If any information provided by the department changes during the |
| 884 | time the sexual offender is under the department's control, |
| 885 | custody, or supervision, including any change in the offender's |
| 886 | name by reason of marriage or other legal process, the |
| 887 | department shall, in a timely manner, update the information and |
| 888 | provide it to the Department of Law Enforcement in the manner |
| 889 | prescribed in subsection (2). |
| 890 | (13) |
| 891 | (c) The sheriff's office may determine the appropriate |
| 892 | times and days for reporting by the sexual offender, which shall |
| 893 | be consistent with the reporting requirements of this |
| 894 | subsection. Reregistration shall include any changes to the |
| 895 | following information: |
| 896 | 1. Name; social security number; age; race; sex; date of |
| 897 | birth; height; weight; hair and eye color; address of any |
| 898 | permanent residence and address of any current temporary |
| 899 | residence, within the state or out of state, including a rural |
| 900 | route address and a post office box; if no permanent or |
| 901 | temporary address, any transient residence; address, location or |
| 902 | description, and dates of any current or known future temporary |
| 903 | residence within the state or out of state; any electronic mail |
| 904 | address and any instant message name required to be provided |
| 905 | pursuant to s. 943.0435(4)(d); date and place of any employment; |
| 906 | vehicle make, model, color, and license tag number; |
| 907 | fingerprints; and photograph. A post office box shall not be |
| 908 | provided in lieu of a physical residential address. |
| 909 | 2. If the sexual offender is enrolled, employed, or |
| 910 | carrying on a vocation at an institution of higher education in |
| 911 | this state, the sexual offender shall also provide to the |
| 912 | department the name, address, and county of each institution, |
| 913 | including each campus attended, and the sexual offender's |
| 914 | enrollment or employment status. |
| 915 | 3. If the sexual offender's place of residence is a motor |
| 916 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 917 | in chapter 320, the sexual offender shall also provide the |
| 918 | vehicle identification number; the license tag number; the |
| 919 | registration number; and a description, including color scheme, |
| 920 | of the motor vehicle, trailer, mobile home, or manufactured |
| 921 | home. If the sexual offender's place of residence is a vessel, |
| 922 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 923 | sexual offender shall also provide the hull identification |
| 924 | number; the manufacturer's serial number; the name of the |
| 925 | vessel, live-aboard vessel, or houseboat; the registration |
| 926 | number; and a description, including color scheme, of the |
| 927 | vessel, live-aboard vessel or houseboat. |
| 928 | 4. Any sexual offender who fails to report in person as |
| 929 | required at the sheriff's office, or who fails to respond to any |
| 930 | address verification correspondence from the department within 3 |
| 931 | weeks of the date of the correspondence, or who fails to report |
| 932 | electronic mail addresses or instant message names, commits a |
| 933 | felony of the third degree, punishable as provided in s. |
| 934 | 775.082, s. 775.083, or s. 775.084. |
| 935 | Section 8. Paragraph (b) of subsection (7) of section |
| 936 | 947.1405, Florida Statutes, is amended, and subsection (12) is |
| 937 | added to that section, to read: |
| 938 | 947.1405 Conditional release program.-- |
| 939 | (7) |
| 940 | (b) For a releasee whose crime was committed on or after |
| 941 | October 1, 1997, in violation of chapter 794, s. 800.04, s. |
| 942 | 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to |
| 943 | conditional release supervision, in addition to any other |
| 944 | provision of this subsection, the commission shall impose the |
| 945 | following additional conditions of conditional release |
| 946 | supervision: |
| 947 | 1. As part of a treatment program, participation in a |
| 948 | minimum of one annual polygraph examination to obtain |
| 949 | information necessary for risk management and treatment and to |
| 950 | reduce the sex offender's denial mechanisms. The polygraph |
| 951 | examination must be conducted by a polygrapher trained |
| 952 | specifically in the use of the polygraph for the monitoring of |
| 953 | sex offenders who has been authorized by the department, where |
| 954 | available, and at the expense of the releasee sex offender. The |
| 955 | results of the examination shall be provided to the releasee's |
| 956 | probation officer and therapist and may not be used as evidence |
| 957 | in a hearing to prove that a violation of supervision has |
| 958 | occurred. |
| 959 | 2. Maintenance of a driving log and a prohibition against |
| 960 | driving a motor vehicle alone without the prior approval of the |
| 961 | supervising officer. |
| 962 | 3. A prohibition against obtaining or using a post office |
| 963 | box without the prior approval of the supervising officer. |
| 964 | 4. If there was sexual contact, a submission to, at the |
| 965 | releasee's probationer's or community controllee's expense, an |
| 966 | HIV test with the results to be released to the victim or the |
| 967 | victim's parent or guardian. |
| 968 | 5. Electronic monitoring of any form when ordered by the |
| 969 | commission. Any person who has been placed under supervision and |
| 970 | is electronically monitored by the department must pay the |
| 971 | department for the cost of the electronic monitoring service at |
| 972 | a rate that may not exceed the full cost of the monitoring |
| 973 | service. Funds collected under this subparagraph shall be |
| 974 | deposited into the General Revenue Fund. The department may |
| 975 | exempt a person from the payment of all or any part of the |
| 976 | electronic monitoring service cost if the department finds that |
| 977 | any of the factors listed in s. 948.09(3) exist. |
| 978 | (12) In addition to all other conditions imposed, for a |
| 979 | releasee who is subject to conditional release for a crime that |
| 980 | was committed on or after July 1, 2010, and who has been |
| 981 | convicted at any time of committing, or attempting, soliciting, |
| 982 | or conspiring to commit, any of the criminal offenses proscribed |
| 983 | in the following statutes in this state or similar offenses in |
| 984 | another jurisdiction against a victim who was under the age of |
| 985 | 18 at the time of the offense: s. 787.01, s. 787.02, or s. |
| 986 | 787.025(2)(c), where the victim is a minor and the offender was |
| 987 | not the victim's parent or guardian; s. 794.011, excluding s. |
| 988 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. |
| 989 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. |
| 990 | 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. |
| 991 | 985.701(1); or any similar offense committed in this state which |
| 992 | has been redesignated from a former statute number to one of |
| 993 | those listed in this subsection, if the offender has not |
| 994 | received a pardon for any felony or similar law of another |
| 995 | jurisdiction necessary for the operation of this subsection and |
| 996 | a conviction of a felony or similar law of another jurisdiction |
| 997 | necessary for the operation of this subsection has not been set |
| 998 | aside in any postconviction proceeding, unless at the time of |
| 999 | the crime was committed the victim was 16 or 17 years of age and |
| 1000 | the releasee was not more than 21 years of age, the commission |
| 1001 | must impose the following conditions: |
| 1002 | (a) A prohibition on visiting areas where children |
| 1003 | regularly congregate, including, but not limited to, schools, |
| 1004 | day care centers, parks, and playgrounds. The commission may |
| 1005 | also designate additional locations to protect a victim. The |
| 1006 | prohibition ordered under this paragraph does not prohibit the |
| 1007 | releasee's attendance at religious services as defined in s. |
| 1008 | 775.0861. |
| 1009 | (b) A prohibition on distributing candy or other items to |
| 1010 | children on Halloween; wearing a Santa Claus costume, or other |
| 1011 | costume to appeal to children, on or preceding Christmas; |
| 1012 | wearing an Easter Bunny costume, or other costume to appeal to |
| 1013 | children, on or preceding Easter; entertaining at children's |
| 1014 | parties; or wearing a clown costume; without prior approval from |
| 1015 | the commission. |
| 1016 | Section 9. Paragraph (a) of subsection (2) of section |
| 1017 | 948.30, Florida Statutes, is amended, and subsection (4) is |
| 1018 | added to that section, to read: |
| 1019 | 948.30 Additional terms and conditions of probation or |
| 1020 | community control for certain sex offenses.--Conditions imposed |
| 1021 | pursuant to this section do not require oral pronouncement at |
| 1022 | the time of sentencing and shall be considered standard |
| 1023 | conditions of probation or community control for offenders |
| 1024 | specified in this section. |
| 1025 | (2) Effective for a probationer or community controllee |
| 1026 | whose crime was committed on or after October 1, 1997, and who |
| 1027 | is placed on community control or sex offender probation for a |
| 1028 | violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), |
| 1029 | or s. 847.0145, in addition to any other provision of this |
| 1030 | section, the court must impose the following conditions of |
| 1031 | probation or community control: |
| 1032 | (a) As part of a treatment program, participation at least |
| 1033 | annually in polygraph examinations to obtain information |
| 1034 | necessary for risk management and treatment and to reduce the |
| 1035 | sex offender's denial mechanisms. A polygraph examination must |
| 1036 | be conducted by a polygrapher trained specifically in the use of |
| 1037 | the polygraph for the monitoring of sex offenders who has been |
| 1038 | authorized by the department, where available, and shall be paid |
| 1039 | for by the probationer or community controllee sex offender. The |
| 1040 | results of the polygraph examination shall be provided to the |
| 1041 | probationer's or community controllee's probation officer and |
| 1042 | therapist and shall not be used as evidence in court to prove |
| 1043 | that a violation of community supervision has occurred. |
| 1044 | (4) In addition to all other conditions imposed, for a |
| 1045 | probationer or community controllee who is subject to |
| 1046 | supervision for a crime that was committed on or after July 1, |
| 1047 | 2010, and who has been convicted at any time of committing, or |
| 1048 | attempting, soliciting, or conspiring to commit, any of the |
| 1049 | criminal offenses proscribed in the following statutes in this |
| 1050 | state or similar offenses in another jurisdiction against a |
| 1051 | victim who was under the age of 18 at the time of the offense: |
| 1052 | s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a |
| 1053 | minor and the offender was not the victim's parent or guardian; |
| 1054 | s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
| 1055 | 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. |
| 1056 | 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. |
| 1057 | 847.0145; s. 985.701(1); or any similar offense committed in |
| 1058 | this state which has been redesignated from a former statute |
| 1059 | number to one of those listed in this subsection, if the |
| 1060 | offender has not received a pardon for any felony or similar law |
| 1061 | of another jurisdiction necessary for the operation of this |
| 1062 | subsection and a conviction of a felony or similar law of |
| 1063 | another jurisdiction necessary for the operation of this |
| 1064 | subsection has not been set aside in any postconviction |
| 1065 | proceeding, unless at the time the crime was committed the |
| 1066 | victim was 16 or 17 years of age and the offender was not more |
| 1067 | than 21 years of age, the court must impose the following |
| 1068 | conditions: |
| 1069 | (a) A prohibition on visiting areas where children |
| 1070 | regularly congregate, including, but not limited to, schools, |
| 1071 | day care centers, parks, and playgrounds. The commission may |
| 1072 | also designate additional locations to protect a victim. The |
| 1073 | prohibition ordered under this paragraph does not prohibit the |
| 1074 | releasee's attendance at religious services as defined in s. |
| 1075 | 775.0861. |
| 1076 | (b) A prohibition on distributing candy or other items to |
| 1077 | children on Halloween; wearing a Santa Claus costume, or other |
| 1078 | costume to appeal to children, on or preceding Christmas; |
| 1079 | wearing an Easter Bunny costume, or other costume to appeal to |
| 1080 | children, on or preceding Easter; entertaining at children's |
| 1081 | parties; or wearing a clown costume; without prior approval from |
| 1082 | the commission. |
| 1083 | Section 10. Section 948.31, Florida Statutes, is amended |
| 1084 | to read: |
| 1085 | 948.31 Diagnosis, Evaluation, and treatment of sexual |
| 1086 | predators and offenders placed on probation or community control |
| 1087 | for certain sex offenses or child exploitation.--The court shall |
| 1088 | require an a diagnosis and evaluation to determine the need of a |
| 1089 | probationer or community controlee offender in community control |
| 1090 | for treatment. If the court determines that a need therefor is |
| 1091 | established by the such diagnosis and evaluation process, the |
| 1092 | court shall require sexual offender treatment outpatient |
| 1093 | counseling as a term or condition of probation or community |
| 1094 | control for any person who meets the criteria to be designated |
| 1095 | as a sexual predator under s. 775.21 or to be subject to |
| 1096 | registration as a sexual offender under s. 943.0435, s. 944.606, |
| 1097 | or s. 944.607. was found guilty of any of the following, or |
| 1098 | whose plea of guilty or nolo contendere to any of the following |
| 1099 | was accepted by the court: |
| 1100 | (1) Lewd or lascivious battery, lewd or lascivious |
| 1101 | molestation, lewd or lascivious conduct, or lewd or lascivious |
| 1102 | exhibition, as defined in s. 800.04 or s. 847.0135(5). |
| 1103 | (2) Sexual battery, as defined in chapter 794, against a |
| 1104 | child. |
| 1105 | (3) Exploitation of a child as provided in s. 450.151, or |
| 1106 | for prostitution. |
| 1107 |
|
| 1108 | Such treatment counseling shall be required to be obtained from |
| 1109 | a qualified practitioner as defined in s. 948.001. Treatment may |
| 1110 | not be administered by a qualified practitioner who has been |
| 1111 | convicted or adjudicated delinquent of committing, or |
| 1112 | attempting, soliciting, or conspiring to commit, any offense |
| 1113 | that is listed in s. 943.0435(1)(a)1.a.(I). The court shall |
| 1114 | impose a restriction against contact with minors if sexual |
| 1115 | offender treatment is recommended a community mental health |
| 1116 | center, a recognized social service agency providing mental |
| 1117 | health services, or a private mental health professional or |
| 1118 | through other professional counseling. The evaluation and |
| 1119 | recommendations plan for treatment of counseling for the |
| 1120 | probationer or community controlee individual shall be provided |
| 1121 | to the court for review. |
| 1122 | Section 11. Paragraph (a) of subsection (3) of section |
| 1123 | 985.481, Florida Statutes, is amended to read: |
| 1124 | 985.481 Sexual offenders adjudicated delinquent; |
| 1125 | notification upon release.-- |
| 1126 | (3)(a) The department must provide information regarding |
| 1127 | any sexual offender who is being released after serving a period |
| 1128 | of residential commitment under the department for any offense, |
| 1129 | as follows: |
| 1130 | 1. The department must provide the sexual offender's name, |
| 1131 | any change in the offender's name by reason of marriage or other |
| 1132 | legal process, and any alias, if known; the correctional |
| 1133 | facility from which the sexual offender is released; the sexual |
| 1134 | offender's social security number, race, sex, date of birth, |
| 1135 | height, weight, and hair and eye color; address of any planned |
| 1136 | permanent residence or temporary residence, within the state or |
| 1137 | out of state, including a rural route address and a post office |
| 1138 | box; if no permanent or temporary address, any transient |
| 1139 | residence within the state; address, location or description, |
| 1140 | and dates of any known future temporary residence within the |
| 1141 | state or out of state; date and county of disposition and each |
| 1142 | crime for which there was a disposition; a copy of the |
| 1143 | offender's fingerprints and a digitized photograph taken within |
| 1144 | 60 days before release; the date of release of the sexual |
| 1145 | offender; and home telephone number and any cellular telephone |
| 1146 | number; and the offender's intended residence address, if known. |
| 1147 | The department shall notify the Department of Law Enforcement if |
| 1148 | the sexual offender escapes, absconds, or dies. If the sexual |
| 1149 | offender is in the custody of a private correctional facility, |
| 1150 | the facility shall take the digitized photograph of the sexual |
| 1151 | offender within 60 days before the sexual offender's release and |
| 1152 | also place it in the sexual offender's file. If the sexual |
| 1153 | offender is in the custody of a local jail, the custodian of the |
| 1154 | local jail shall register the offender within 3 business days |
| 1155 | after intake of the offender for any reason and upon release, |
| 1156 | and shall notify the Department of Law Enforcement of the sexual |
| 1157 | offender's release and provide to the Department of Law |
| 1158 | Enforcement the information specified in this subparagraph and |
| 1159 | any information specified in subparagraph 2. which the |
| 1160 | Department of Law Enforcement requests. |
| 1161 | 2. The department may provide any other information |
| 1162 | considered necessary, including criminal and delinquency |
| 1163 | records, when available. |
| 1164 | Section 12. Paragraph (a) of subsection (4), paragraph (a) |
| 1165 | of subsection (6), and paragraph (b) of subsection (13) of |
| 1166 | section 985.4815, Florida Statutes, are amended to read: |
| 1167 | 985.4815 Notification to Department of Law Enforcement of |
| 1168 | information on juvenile sexual offenders.-- |
| 1169 | (4) A sexual offender, as described in this section, who |
| 1170 | is under the supervision of the department but who is not |
| 1171 | committed must register with the department within 3 business |
| 1172 | days after adjudication and disposition for a registrable |
| 1173 | offense and otherwise provide information as required by this |
| 1174 | subsection. |
| 1175 | (a) The sexual offender shall provide his or her name; |
| 1176 | date of birth; social security number; race; sex; height; |
| 1177 | weight; hair and eye color; tattoos or other identifying marks; |
| 1178 | and permanent or legal residence and address of temporary |
| 1179 | residence within the state or out of state while the sexual |
| 1180 | offender is in the care or custody or under the jurisdiction or |
| 1181 | supervision of the department in this state, including any rural |
| 1182 | route address or post office box; if no permanent or temporary |
| 1183 | address, any transient residence; address, location or |
| 1184 | description, and dates of any current or known future temporary |
| 1185 | residence within the state or out of state;, and the name and |
| 1186 | address of each school attended. The department shall verify the |
| 1187 | address of each sexual offender and shall report to the |
| 1188 | Department of Law Enforcement any failure by a sexual offender |
| 1189 | to comply with registration requirements. |
| 1190 | (6)(a) The information provided to the Department of Law |
| 1191 | Enforcement must include the following: |
| 1192 | 1. The information obtained from the sexual offender under |
| 1193 | subsection (4). |
| 1194 | 2. The sexual offender's most current address and place of |
| 1195 | permanent, or temporary, or transient residence within the state |
| 1196 | or out of state, and address, location or description, and dates |
| 1197 | of any current or known future temporary residence within the |
| 1198 | state or out of state, while the sexual offender is in the care |
| 1199 | or custody or under the jurisdiction or supervision of the |
| 1200 | department in this state, including the name of the county or |
| 1201 | municipality in which the offender permanently or temporarily |
| 1202 | resides, or has a transient residence, and address, location or |
| 1203 | description, and dates of any current or known future temporary |
| 1204 | residence within the state or out of state; and, if known, the |
| 1205 | intended place of permanent, or temporary, or transient |
| 1206 | residence, and address, location or description, and dates of |
| 1207 | any current or known future temporary residence within the state |
| 1208 | or out of state upon satisfaction of all sanctions. |
| 1209 | 3. The legal status of the sexual offender and the |
| 1210 | scheduled termination date of that legal status. |
| 1211 | 4. The location of, and local telephone number for, any |
| 1212 | department office that is responsible for supervising the sexual |
| 1213 | offender. |
| 1214 | 5. An indication of whether the victim of the offense that |
| 1215 | resulted in the offender's status as a sexual offender was a |
| 1216 | minor. |
| 1217 | 6. The offense or offenses at adjudication and disposition |
| 1218 | that resulted in the determination of the offender's status as a |
| 1219 | sex offender. |
| 1220 | 7. A digitized photograph of the sexual offender, which |
| 1221 | must have been taken within 60 days before the offender was |
| 1222 | released from the custody of the department or a private |
| 1223 | correctional facility by expiration of sentence under s. |
| 1224 | 944.275, or within 60 days after the onset of the department's |
| 1225 | supervision of any sexual offender who is on probation, |
| 1226 | postcommitment probation, residential commitment, nonresidential |
| 1227 | commitment, licensed child-caring commitment, community control, |
| 1228 | conditional release, parole, provisional release, or control |
| 1229 | release or who is supervised by the department under the |
| 1230 | Interstate Compact Agreement for Probationers and Parolees. If |
| 1231 | the sexual offender is in the custody of a private correctional |
| 1232 | facility, the facility shall take a digitized photograph of the |
| 1233 | sexual offender within the time period provided in this |
| 1234 | subparagraph and shall provide the photograph to the department. |
| 1235 | (13) |
| 1236 | (b) The sheriff's office may determine the appropriate |
| 1237 | times and days for reporting by the sexual offender, which shall |
| 1238 | be consistent with the reporting requirements of this |
| 1239 | subsection. Reregistration shall include any changes to the |
| 1240 | following information: |
| 1241 | 1. Name; social security number; age; race; sex; date of |
| 1242 | birth; height; weight; hair and eye color; address of any |
| 1243 | permanent residence and address of any current temporary |
| 1244 | residence, within the state or out of state, including a rural |
| 1245 | route address and a post office box; if no permanent or |
| 1246 | temporary address, any transient residence; address, location or |
| 1247 | description, and dates of any current or known future temporary |
| 1248 | residence within the state or out of state; name and address of |
| 1249 | each school attended; date and place of any employment; vehicle |
| 1250 | make, model, color, and license tag number; fingerprints; and |
| 1251 | photograph. A post office box shall not be provided in lieu of a |
| 1252 | physical residential address. |
| 1253 | 2. If the sexual offender is enrolled, employed, or |
| 1254 | carrying on a vocation at an institution of higher education in |
| 1255 | this state, the sexual offender shall also provide to the |
| 1256 | department the name, address, and county of each institution, |
| 1257 | including each campus attended, and the sexual offender's |
| 1258 | enrollment or employment status. |
| 1259 | 3. If the sexual offender's place of residence is a motor |
| 1260 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 1261 | in chapter 320, the sexual offender shall also provide the |
| 1262 | vehicle identification number; the license tag number; the |
| 1263 | registration number; and a description, including color scheme, |
| 1264 | of the motor vehicle, trailer, mobile home, or manufactured |
| 1265 | home. If the sexual offender's place of residence is a vessel, |
| 1266 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 1267 | sexual offender shall also provide the hull identification |
| 1268 | number; the manufacturer's serial number; the name of the |
| 1269 | vessel, live-aboard vessel, or houseboat; the registration |
| 1270 | number; and a description, including color scheme, of the |
| 1271 | vessel, live-aboard vessel, or houseboat. |
| 1272 | 4. Any sexual offender who fails to report in person as |
| 1273 | required at the sheriff's office, or who fails to respond to any |
| 1274 | address verification correspondence from the department within 3 |
| 1275 | weeks after the date of the correspondence, commits a felony of |
| 1276 | the third degree, punishable as provided in ss. 775.082, |
| 1277 | 775.083, and 775.084. |
| 1278 | Section 13. This act shall take effect July 1, 2010. |