| 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 were congregating; 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 prekindergarten through grade 12 |
| 10 | school without notice and supervision; providing |
| 11 | exceptions; providing penalties; amending s. 775.21, F.S.; |
| 12 | revising and providing definitions; conforming terminology |
| 13 | to changes made by the act; revising provisions relating |
| 14 | to residence reporting requirements for sexual predators; |
| 15 | transferring, renumbering, and amending s. 794.065, F.S.; |
| 16 | providing intent; providing definitions; substituting the |
| 17 | term "child care facility" for the term "day care center"; |
| 18 | providing that the section does not apply to a person |
| 19 | living in an approved residence before the establishment |
| 20 | of a school, child care facility, park, or playground |
| 21 | within 1,000 feet of the residence; including offenses in |
| 22 | other jurisdictions that are similar to the offenses |
| 23 | listed for purposes of providing residency restrictions |
| 24 | for persons convicted of certain sex offenses, applicable |
| 25 | to offenses committed on or after a specified date; |
| 26 | providing that the section does not apply to persons who |
| 27 | were removed from the requirement to register as a sexual |
| 28 | offender or sexual predator under a specified provision; |
| 29 | amending s. 943.0435, F.S.; revising provisions relating |
| 30 | to residence reporting requirements for sexual offenders; |
| 31 | amending s. 943.04352, F.S.; requiring that the probation |
| 32 | services provider search in an additional specified sex |
| 33 | offender registry for information regarding sexual |
| 34 | predators and sexual offenders when an offender is placed |
| 35 | on misdemeanor probation; amending s. 944.606, F.S.; |
| 36 | revising address reporting requirements for sexual |
| 37 | offenders; amending s. 944.607, F.S.; requiring additional |
| 38 | registration information from sex offenders who are under |
| 39 | the supervision of the Department of Corrections but who |
| 40 | are not incarcerated; amending s. 947.005, F.S.; providing |
| 41 | additional definitions; amending s. 947.1405, F.S.; |
| 42 | conforming terminology to changes made by the act; |
| 43 | providing that a releasee living in an approved residence |
| 44 | before the establishment of a school, child care facility, |
| 45 | park, or playground within 1,000 feet of the residence may |
| 46 | not be forced to relocate and does not violate his or her |
| 47 | conditional release supervision; revising provisions |
| 48 | relating to polygraph examinations of specified |
| 49 | conditional releasees who have committed specified sexual |
| 50 | offenses; providing additional restrictions for certain |
| 51 | conditional releasees who have committed specified sexual |
| 52 | offenses against minors or have similar convictions in |
| 53 | another jurisdiction; amending s. 948.001, F.S.; revising |
| 54 | and providing definitions; amending s. 948.30, F.S.; |
| 55 | conforming terminology to changes made by the act; |
| 56 | providing that a probationer or community controllee |
| 57 | living in an approved residence before the establishment |
| 58 | of a school, child care facility, park, or playground |
| 59 | within 1,000 feet of the residence may not be forced to |
| 60 | relocate and does not violate his or her probation or |
| 61 | community control; revising provisions relating to |
| 62 | polygraph examinations of specified probationers or |
| 63 | community controllees who have committed specified sexual |
| 64 | offenses; providing additional restrictions for certain |
| 65 | probationers or community controllees who committed |
| 66 | specified sexual offenses against minors or who have |
| 67 | similar convictions in another jurisdiction; amending s. |
| 68 | 948.31, F.S.; deleting a requirement for diagnosis of |
| 69 | certain sexual predators and sexual offenders on community |
| 70 | control; revising provisions relating to treatment for |
| 71 | such offenders and predators; amending s. 985.481, F.S.; |
| 72 | providing additional address reporting requirements for |
| 73 | sexual offenders adjudicated delinquent; amending s. |
| 74 | 985.4815, F.S.; revising provisions relating to address |
| 75 | and residence reporting requirements for sexual offenders |
| 76 | adjudicated delinquent; providing legislative intent; |
| 77 | providing severability; providing a directive to the |
| 78 | Division of Statutory Revision; providing an effective |
| 79 | date. |
| 80 |
|
| 81 | Be It Enacted by the Legislature of the State of Florida: |
| 82 |
|
| 83 | Section 1. Section 856.022, Florida Statutes, is created |
| 84 | to read: |
| 85 | 856.022 Loitering or prowling by certain offenders in |
| 86 | close proximity to children; penalty.- |
| 87 | (1) Except as provided in subsection (2), this section |
| 88 | applies to a person convicted of committing, or attempting, |
| 89 | soliciting, or conspiring to commit, any of the criminal |
| 90 | offenses proscribed in the following statutes in this state or |
| 91 | similar offenses in another jurisdiction against a victim who |
| 92 | was under 18 years of age at the time of the offense: s. 787.01, |
| 93 | s. 787.02, or s. 787.025(2)(c), where the victim is a minor and |
| 94 | the offender was not the victim's parent or guardian; s. |
| 95 | 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
| 96 | 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. |
| 97 | 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. |
| 98 | 847.0145; s. 985.701(1); or any similar offense committed in |
| 99 | this state which has been redesignated from a former statute |
| 100 | number to one of those listed in this subsection, if the person |
| 101 | has not received a pardon for any felony or similar law of |
| 102 | another jurisdiction necessary for the operation of this |
| 103 | subsection and a conviction of a felony or similar law of |
| 104 | another jurisdiction necessary for the operation of this |
| 105 | subsection has not been set aside in any postconviction |
| 106 | proceeding. |
| 107 | (2) This section does not apply to a person who has been |
| 108 | removed from the requirement to register as a sexual offender or |
| 109 | sexual predator pursuant to s. 943.04354. |
| 110 | (3) A person described in subsection (1) commits loitering |
| 111 | and prowling by a person convicted of a sexual offense against a |
| 112 | minor if, in committing loitering and prowling, he or she was |
| 113 | within 300 feet of a place where children were congregating. |
| 114 | (4) It is unlawful for a person described in subsection |
| 115 | (1) to: |
| 116 | (a) Knowingly approach, contact, or communicate with a |
| 117 | child under 18 years of age in any public park building or on |
| 118 | real property comprising any public park or playground with the |
| 119 | intent to engage in conduct of a sexual nature or to make a |
| 120 | communication of any type with any content of a sexual nature. |
| 121 | This paragraph applies only to a person described in subsection |
| 122 | (1) whose offense was committed on or after the effective date |
| 123 | of this act. |
| 124 | (b)1. Knowingly be present in any child care facility or |
| 125 | school containing any students in prekindergarten through grade |
| 126 | 12 or on real property comprising any child care facility or |
| 127 | school containing any students in prekindergarten through grade |
| 128 | 12 when the child care facility or school is in operation unless |
| 129 | the person had previously provided written notification of his |
| 130 | or her intent to be present to the school board, superintendent, |
| 131 | principal, or child care facility owner; |
| 132 | 2. Fail to notify the child care facility owner or the |
| 133 | school principal's office when he or she arrives and departs the |
| 134 | child care facility or school; or |
| 135 | 3. Fail to remain under direct supervision of a school |
| 136 | official or designated chaperone when present in the vicinity of |
| 137 | children. As used in this paragraph, the term "school official" |
| 138 | means a principal, a school resource officer, a teacher or any |
| 139 | other employee of the school, the superintendent of schools, a |
| 140 | member of the school board, a child care facility owner, or a |
| 141 | child care provider. |
| 142 | (c) A person is not in violation of paragraph (b) if: |
| 143 | 1. The child care facility or school is a voting location |
| 144 | and the person is present for the purpose of voting during the |
| 145 | hours designated for voting; or |
| 146 | 2. The person is only dropping off or picking up his or |
| 147 | her own children or grandchildren at the child care facility or |
| 148 | school. |
| 149 | (5) Any person who violates this section commits a |
| 150 | misdemeanor of the first degree, punishable as provided in s. |
| 151 | 775.082 or s. 775.083. |
| 152 | Section 2. Subsection (2), paragraph (c) of subsection |
| 153 | (4), paragraph (a) of subsection (5), paragraphs (a), (f), (g), |
| 154 | (i), and (j) of subsection (6), paragraph (a) of subsection (7), |
| 155 | paragraph (a) of subsection (8), and paragraph (b) of subsection |
| 156 | (10) of section 775.21, Florida Statutes, are amended to read: |
| 157 | 775.21 The Florida Sexual Predators Act.- |
| 158 | (2) DEFINITIONS.-As used in this section, the term: |
| 159 | (a)(i) "Change in enrollment or employment status" means |
| 160 | the commencement or termination of enrollment or employment or a |
| 161 | change in location of enrollment or employment. |
| 162 | (b)(a) "Chief of police" means the chief law enforcement |
| 163 | officer of a municipality. |
| 164 | (c) "Child care facility" has the same meaning as provided |
| 165 | in s. 402.302. |
| 166 | (d)(b) "Community" means any county where the sexual |
| 167 | predator lives or otherwise establishes or maintains a temporary |
| 168 | or permanent residence. |
| 169 | (e)(c) "Conviction" means a determination of guilt which |
| 170 | is the result of a trial or the entry of a plea of guilty or |
| 171 | nolo contendere, regardless of whether adjudication is withheld. |
| 172 | A conviction for a similar offense includes, but is not limited |
| 173 | to, a conviction by a federal or military tribunal, including |
| 174 | courts-martial conducted by the Armed Forces of the United |
| 175 | States, and includes a conviction or entry of a plea of guilty |
| 176 | or nolo contendere resulting in a sanction in any state of the |
| 177 | United States or other jurisdiction. A sanction includes, but is |
| 178 | not limited to, a fine, probation, community control, parole, |
| 179 | conditional release, control release, or incarceration in a |
| 180 | state prison, federal prison, private correctional facility, or |
| 181 | local detention facility. |
| 182 | (f)(d) "Department" means the Department of Law |
| 183 | Enforcement. |
| 184 | (g)(j) "Electronic mail address" has the same meaning as |
| 185 | provided in s. 668.602. |
| 186 | (h)(e) "Entering the county" includes being discharged |
| 187 | from a correctional facility or jail or secure treatment |
| 188 | facility within the county or being under supervision within the |
| 189 | county for the commission of a violation enumerated in |
| 190 | subsection (4). |
| 191 | (i)(k) "Instant message name" means an identifier that |
| 192 | allows a person to communicate in real time with another person |
| 193 | using the Internet. |
| 194 | (j)(h) "Institution of higher education" means a career |
| 195 | center, community college, college, state university, or |
| 196 | independent postsecondary institution. |
| 197 | (k)(f) "Permanent residence" means a place where the |
| 198 | person abides, lodges, or resides for 5 or more consecutive |
| 199 | days. |
| 200 | (l)(g) "Temporary residence" means a place where the |
| 201 | person abides, lodges, or resides, including, but not limited |
| 202 | to, vacation, business, or personal travel destinations in or |
| 203 | out of this state, for a period of 5 or more days in the |
| 204 | aggregate during any calendar year and which is not the person's |
| 205 | permanent address or, for a person whose permanent residence is |
| 206 | not in this state, a place where the person is employed, |
| 207 | practices a vocation, or is enrolled as a student for any period |
| 208 | of time in this state. |
| 209 | (m) "Transient residence" means a place or county where a |
| 210 | person lives, remains, or is located for a period of 5 or more |
| 211 | days in the aggregate during a calendar year and which is not |
| 212 | the person's permanent or temporary address. The term includes, |
| 213 | but is not limited to, a place where the person sleeps or seeks |
| 214 | shelter and a location that has no specific street address. |
| 215 | (4) SEXUAL PREDATOR CRITERIA.- |
| 216 | (c) If an offender has been registered as a sexual |
| 217 | predator by the Department of Corrections, the department, or |
| 218 | any other law enforcement agency and if: |
| 219 | 1. The court did not, for whatever reason, make a written |
| 220 | finding at the time of sentencing that the offender was a sexual |
| 221 | predator; or |
| 222 | 2. The offender was administratively registered as a |
| 223 | sexual predator because the Department of Corrections, the |
| 224 | department, or any other law enforcement agency obtained |
| 225 | information that indicated that the offender met the criteria |
| 226 | for designation as a sexual predator based on a violation of a |
| 227 | similar law in another jurisdiction, |
| 228 |
|
| 229 | the department shall remove that offender from the department's |
| 230 | list of sexual predators and, for an offender described under |
| 231 | subparagraph 1., shall notify the state attorney who prosecuted |
| 232 | the offense that met the criteria for administrative designation |
| 233 | as a sexual predator, and, for an offender described under this |
| 234 | paragraph, shall notify the state attorney of the county where |
| 235 | the offender establishes or maintains a permanent, or temporary, |
| 236 | or transient residence. The state attorney shall bring the |
| 237 | matter to the court's attention in order to establish that the |
| 238 | offender meets the criteria for designation as a sexual |
| 239 | predator. If the court makes a written finding that the offender |
| 240 | is a sexual predator, the offender must be designated as a |
| 241 | sexual predator, must register or be registered as a sexual |
| 242 | predator with the department as provided in subsection (6), and |
| 243 | is subject to the community and public notification as provided |
| 244 | in subsection (7). If the court does not make a written finding |
| 245 | that the offender is a sexual predator, the offender may not be |
| 246 | designated as a sexual predator with respect to that offense and |
| 247 | is not required to register or be registered as a sexual |
| 248 | predator with the department. |
| 249 | (5) SEXUAL PREDATOR DESIGNATION.-An offender is designated |
| 250 | as a sexual predator as follows: |
| 251 | (a)1. An offender who meets the sexual predator criteria |
| 252 | described in paragraph (4)(d) is a sexual predator, and the |
| 253 | court shall make a written finding at the time such offender is |
| 254 | determined to be a sexually violent predator under chapter 394 |
| 255 | that such person meets the criteria for designation as a sexual |
| 256 | predator for purposes of this section. The clerk shall transmit |
| 257 | a copy of the order containing the written finding to the |
| 258 | department within 48 hours after the entry of the order; |
| 259 | 2. An offender who meets the sexual predator criteria |
| 260 | described in paragraph (4)(a) who is before the court for |
| 261 | sentencing for a current offense committed on or after October |
| 262 | 1, 1993, is a sexual predator, and the sentencing court must |
| 263 | make a written finding at the time of sentencing that the |
| 264 | offender is a sexual predator, and the clerk of the court shall |
| 265 | transmit a copy of the order containing the written finding to |
| 266 | the department within 48 hours after the entry of the order; or |
| 267 | 3. If the Department of Corrections, the department, or |
| 268 | any other law enforcement agency obtains information which |
| 269 | indicates that an offender who establishes or maintains a |
| 270 | permanent, or temporary, or transient residence in this state |
| 271 | meets the sexual predator criteria described in paragraph (4)(a) |
| 272 | or paragraph (4)(d) because the offender was civilly committed |
| 273 | or committed a similar violation in another jurisdiction on or |
| 274 | after October 1, 1993, the Department of Corrections, the |
| 275 | department, or the law enforcement agency shall notify the state |
| 276 | attorney of the county where the offender establishes or |
| 277 | maintains a permanent, or temporary, or transient residence of |
| 278 | the offender's presence in the community. The state attorney |
| 279 | shall file a petition with the criminal division of the circuit |
| 280 | court for the purpose of holding a hearing to determine if the |
| 281 | offender's criminal record or record of civil commitment from |
| 282 | another jurisdiction meets the sexual predator criteria. If the |
| 283 | court finds that the offender meets the sexual predator criteria |
| 284 | because the offender has violated a similar law or similar laws |
| 285 | in another jurisdiction, the court shall make a written finding |
| 286 | that the offender is a sexual predator. |
| 287 |
|
| 288 | When the court makes a written finding that an offender is a |
| 289 | sexual predator, the court shall inform the sexual predator of |
| 290 | the registration and community and public notification |
| 291 | requirements described in this section. Within 48 hours after |
| 292 | the court designating an offender as a sexual predator, the |
| 293 | clerk of the circuit court shall transmit a copy of the court's |
| 294 | written sexual predator finding to the department. If the |
| 295 | offender is sentenced to a term of imprisonment or supervision, |
| 296 | a copy of the court's written sexual predator finding must be |
| 297 | submitted to the Department of Corrections. |
| 298 | (6) REGISTRATION.- |
| 299 | (a) A sexual predator must register with the department |
| 300 | through the sheriff's office by providing the following |
| 301 | information to the department: |
| 302 | 1. Name;, social security number;, age;, race;, sex;, date |
| 303 | of birth;, height;, weight;, hair and eye color;, photograph;, |
| 304 | address of legal residence and address of any current temporary |
| 305 | residence, within the state or out of state, including a rural |
| 306 | route address and a post office box;, if no permanent or |
| 307 | temporary address, any transient residence within the state; |
| 308 | address, location or description, and dates of any current or |
| 309 | known future temporary residence within the state or out of |
| 310 | state; any electronic mail address and any instant message name |
| 311 | required to be provided pursuant to subparagraph (g)4.;, home |
| 312 | telephone number and any cellular telephone number;, date and |
| 313 | place of any employment;, date and place of each conviction;, |
| 314 | fingerprints;, and a brief description of the crime or crimes |
| 315 | committed by the offender. A post office box shall not be |
| 316 | provided in lieu of a physical residential address. |
| 317 | a. If the sexual predator's place of residence is a motor |
| 318 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 319 | in chapter 320, the sexual predator shall also provide to the |
| 320 | department written notice of the vehicle identification number; |
| 321 | the license tag number; the registration number; and a |
| 322 | description, including color scheme, of the motor vehicle, |
| 323 | trailer, mobile home, or manufactured home. If a sexual |
| 324 | predator's place of residence is a vessel, live-aboard vessel, |
| 325 | or houseboat, as defined in chapter 327, the sexual predator |
| 326 | shall also provide to the department written notice of the hull |
| 327 | identification number; the manufacturer's serial number; the |
| 328 | name of the vessel, live-aboard vessel, or houseboat; the |
| 329 | registration number; and a description, including color scheme, |
| 330 | of the vessel, live-aboard vessel, or houseboat. |
| 331 | b. If the sexual predator is enrolled, employed, or |
| 332 | carrying on a vocation at an institution of higher education in |
| 333 | this state, the sexual predator shall also provide to the |
| 334 | department the name, address, and county of each institution, |
| 335 | including each campus attended, and the sexual predator's |
| 336 | enrollment or employment status. Each change in enrollment or |
| 337 | employment status shall be reported in person at the sheriff's |
| 338 | office, or the Department of Corrections if the sexual predator |
| 339 | is in the custody or control of or under the supervision of the |
| 340 | Department of Corrections, within 48 hours after any change in |
| 341 | status. The sheriff or the Department of Corrections shall |
| 342 | promptly notify each institution of the sexual predator's |
| 343 | presence and any change in the sexual predator's enrollment or |
| 344 | employment status. |
| 345 | 2. Any other information determined necessary by the |
| 346 | department, including criminal and corrections records; |
| 347 | nonprivileged personnel and treatment records; and evidentiary |
| 348 | genetic markers when available. |
| 349 | (f) Within 48 hours after the registration required under |
| 350 | paragraph (a) or paragraph (e), a sexual predator who is not |
| 351 | incarcerated and who resides in the community, including a |
| 352 | sexual predator under the supervision of the Department of |
| 353 | Corrections, shall register in person at a driver's license |
| 354 | office of the Department of Highway Safety and Motor Vehicles |
| 355 | and shall present proof of registration. At the driver's license |
| 356 | office the sexual predator shall: |
| 357 | 1. If otherwise qualified, secure a Florida driver's |
| 358 | license, renew a Florida driver's license, or secure an |
| 359 | identification card. The sexual predator shall identify himself |
| 360 | or herself as a sexual predator who is required to comply with |
| 361 | this section, provide his or her place of permanent, or |
| 362 | temporary, or transient residence, including a rural route |
| 363 | address and a post office box, and submit to the taking of a |
| 364 | photograph for use in issuing a driver's license, renewed |
| 365 | license, or identification card, and for use by the department |
| 366 | in maintaining current records of sexual predators. A post |
| 367 | office box shall not be provided in lieu of a physical |
| 368 | residential address. If the sexual predator's place of residence |
| 369 | is a motor vehicle, trailer, mobile home, or manufactured home, |
| 370 | as defined in chapter 320, the sexual predator shall also |
| 371 | provide to the Department of Highway Safety and Motor Vehicles |
| 372 | the vehicle identification number; the license tag number; the |
| 373 | registration number; and a description, including color scheme, |
| 374 | of the motor vehicle, trailer, mobile home, or manufactured |
| 375 | home. If a sexual predator's place of residence is a vessel, |
| 376 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 377 | sexual predator shall also provide to the Department of Highway |
| 378 | Safety and Motor Vehicles the hull identification number; the |
| 379 | manufacturer's serial number; the name of the vessel, live- |
| 380 | aboard vessel, or houseboat; the registration number; and a |
| 381 | description, including color scheme, of the vessel, live-aboard |
| 382 | vessel, or houseboat. |
| 383 | 2. Pay the costs assessed by the Department of Highway |
| 384 | Safety and Motor Vehicles for issuing or renewing a driver's |
| 385 | license or identification card as required by this section. The |
| 386 | driver's license or identification card issued to the sexual |
| 387 | predator must be in compliance with s. 322.141(3). |
| 388 | 3. Provide, upon request, any additional information |
| 389 | necessary to confirm the identity of the sexual predator, |
| 390 | including a set of fingerprints. |
| 391 | (g)1. Each time a sexual predator's driver's license or |
| 392 | identification card is subject to renewal, and, without regard |
| 393 | to the status of the predator's driver's license or |
| 394 | identification card, within 48 hours after any change of the |
| 395 | predator's residence or change in the predator's name by reason |
| 396 | of marriage or other legal process, the predator shall report in |
| 397 | person to a driver's license office and shall be subject to the |
| 398 | requirements specified in paragraph (f). The Department of |
| 399 | Highway Safety and Motor Vehicles shall forward to the |
| 400 | department and to the Department of Corrections all photographs |
| 401 | and information provided by sexual predators. Notwithstanding |
| 402 | the restrictions set forth in s. 322.142, the Department of |
| 403 | Highway Safety and Motor Vehicles is authorized to release a |
| 404 | reproduction of a color-photograph or digital-image license to |
| 405 | the Department of Law Enforcement for purposes of public |
| 406 | notification of sexual predators as provided in this section. |
| 407 | 2. A sexual predator who vacates a permanent, temporary, |
| 408 | or transient residence and fails to establish or maintain |
| 409 | another permanent, or temporary, or transient residence shall, |
| 410 | within 48 hours after vacating the permanent, temporary, or |
| 411 | transient residence, report in person to the sheriff's office of |
| 412 | the county in which he or she is located. The sexual predator |
| 413 | shall specify the date upon which he or she intends to or did |
| 414 | vacate such residence. The sexual predator must provide or |
| 415 | update all of the registration information required under |
| 416 | paragraph (a). The sexual predator must provide an address for |
| 417 | the residence or other place location that he or she is or will |
| 418 | be located occupying during the time in which he or she fails to |
| 419 | establish or maintain a permanent or temporary residence. |
| 420 | 3. A sexual predator who remains at a permanent, |
| 421 | temporary, or transient residence after reporting his or her |
| 422 | intent to vacate such residence shall, within 48 hours after the |
| 423 | date upon which the predator indicated he or she would or did |
| 424 | vacate such residence, report in person to the sheriff's office |
| 425 | to which he or she reported pursuant to subparagraph 2. for the |
| 426 | purpose of reporting his or her address at such residence. When |
| 427 | the sheriff receives the report, the sheriff shall promptly |
| 428 | convey the information to the department. An offender who makes |
| 429 | a report as required under subparagraph 2. but fails to make a |
| 430 | report as required under this subparagraph commits a felony of |
| 431 | the second degree, punishable as provided in s. 775.082, s. |
| 432 | 775.083, or s. 775.084. |
| 433 | 4. A sexual predator must register any electronic mail |
| 434 | address or instant message name with the department prior to |
| 435 | using such electronic mail address or instant message name on or |
| 436 | after October 1, 2007. The department shall establish an online |
| 437 | system through which sexual predators may securely access and |
| 438 | update all electronic mail address and instant message name |
| 439 | information. |
| 440 | (i) A sexual predator who intends to establish a |
| 441 | permanent, temporary, or transient residence in another state or |
| 442 | jurisdiction other than the State of Florida shall report in |
| 443 | person to the sheriff of the county of current residence within |
| 444 | 48 hours before the date he or she intends to leave this state |
| 445 | to establish residence in another state or jurisdiction. The |
| 446 | sexual predator must provide to the sheriff the address, |
| 447 | municipality, county, and state of intended residence. The |
| 448 | sheriff shall promptly provide to the department the information |
| 449 | received from the sexual predator. The department shall notify |
| 450 | the statewide law enforcement agency, or a comparable agency, in |
| 451 | the intended state or jurisdiction of residence of the sexual |
| 452 | predator's intended residence. The failure of a sexual predator |
| 453 | to provide his or her intended place of residence is punishable |
| 454 | as provided in subsection (10). |
| 455 | (j) A sexual predator who indicates his or her intent to |
| 456 | establish a permanent, temporary, or transient residence reside |
| 457 | in another state or jurisdiction other than the State of Florida |
| 458 | and later decides to remain in this state shall, within 48 hours |
| 459 | after the date upon which the sexual predator indicated he or |
| 460 | she would leave this state, report in person to the sheriff to |
| 461 | which the sexual predator reported the intended change of |
| 462 | residence, and report his or her intent to remain in this state. |
| 463 | If the sheriff is notified by the sexual predator that he or she |
| 464 | intends to remain in this state, the sheriff shall promptly |
| 465 | report this information to the department. A sexual predator who |
| 466 | reports his or her intent to establish a permanent, temporary, |
| 467 | or transient residence reside in another state or jurisdiction, |
| 468 | but who remains in this state without reporting to the sheriff |
| 469 | in the manner required by this paragraph, commits a felony of |
| 470 | the second degree, punishable as provided in s. 775.082, s. |
| 471 | 775.083, or s. 775.084. |
| 472 | (7) COMMUNITY AND PUBLIC NOTIFICATION.- |
| 473 | (a) Law enforcement agencies must inform members of the |
| 474 | community and the public of a sexual predator's presence. Upon |
| 475 | notification of the presence of a sexual predator, the sheriff |
| 476 | of the county or the chief of police of the municipality where |
| 477 | the sexual predator establishes or maintains a permanent or |
| 478 | temporary residence shall notify members of the community and |
| 479 | the public of the presence of the sexual predator in a manner |
| 480 | deemed appropriate by the sheriff or the chief of police. Within |
| 481 | 48 hours after receiving notification of the presence of a |
| 482 | sexual predator, the sheriff of the county or the chief of |
| 483 | police of the municipality where the sexual predator temporarily |
| 484 | or permanently resides shall notify each licensed child care |
| 485 | facility day care center, elementary school, middle school, and |
| 486 | high school within a 1-mile radius of the temporary or permanent |
| 487 | residence of the sexual predator of the presence of the sexual |
| 488 | predator. Information provided to members of the community and |
| 489 | the public regarding a sexual predator must include: |
| 490 | 1. The name of the sexual predator; |
| 491 | 2. A description of the sexual predator, including a |
| 492 | photograph; |
| 493 | 3. The sexual predator's current permanent, temporary, and |
| 494 | transient addresses, and descriptions of registered locations |
| 495 | that have no specific street address, including the name of the |
| 496 | county or municipality if known; |
| 497 | 4. The circumstances of the sexual predator's offense or |
| 498 | offenses; and |
| 499 | 5. Whether the victim of the sexual predator's offense or |
| 500 | offenses was, at the time of the offense, a minor or an adult. |
| 501 |
|
| 502 | This paragraph does not authorize the release of the name of any |
| 503 | victim of the sexual predator. |
| 504 | (8) VERIFICATION.-The department and the Department of |
| 505 | Corrections shall implement a system for verifying the addresses |
| 506 | of sexual predators. The system must be consistent with the |
| 507 | provisions of the federal Adam Walsh Child Protection and Safety |
| 508 | Act of 2006 and any other federal standards applicable to such |
| 509 | verification or required to be met as a condition for the |
| 510 | receipt of federal funds by the state. The Department of |
| 511 | Corrections shall verify the addresses of sexual predators who |
| 512 | are not incarcerated but who reside in the community under the |
| 513 | supervision of the Department of Corrections and shall report to |
| 514 | the department any failure by a sexual predator to comply with |
| 515 | registration requirements. County and local law enforcement |
| 516 | agencies, in conjunction with the department, shall verify the |
| 517 | addresses of sexual predators who are not under the care, |
| 518 | custody, control, or supervision of the Department of |
| 519 | Corrections. Local law enforcement agencies shall report to the |
| 520 | department any failure by a sexual predator to comply with |
| 521 | registration requirements. |
| 522 | (a) A sexual predator must report in person each year |
| 523 | during the month of the sexual predator's birthday and during |
| 524 | every third month thereafter to the sheriff's office in the |
| 525 | county in which he or she resides or is otherwise located to |
| 526 | reregister. The sheriff's office may determine the appropriate |
| 527 | times and days for reporting by the sexual predator, which shall |
| 528 | be consistent with the reporting requirements of this paragraph. |
| 529 | Reregistration shall include any changes to the following |
| 530 | information: |
| 531 | 1. Name; social security number; age; race; sex; date of |
| 532 | birth; height; weight; hair and eye color; address of any |
| 533 | permanent residence and address of any current temporary |
| 534 | residence, within the state or out of state, including a rural |
| 535 | route address and a post office box; if no permanent or |
| 536 | temporary address, any transient residence within the state; |
| 537 | address, location or description, and dates of any current or |
| 538 | known future temporary residence within the state or out of |
| 539 | state; any electronic mail address and any instant message name |
| 540 | required to be provided pursuant to subparagraph (6)(g)4.; home |
| 541 | telephone number and any cellular telephone number; date and |
| 542 | place of any employment; vehicle make, model, color, and license |
| 543 | tag number; fingerprints; and photograph. A post office box |
| 544 | shall not be provided in lieu of a physical residential address. |
| 545 | 2. If the sexual predator is enrolled, employed, or |
| 546 | carrying on a vocation at an institution of higher education in |
| 547 | this state, the sexual predator shall also provide to the |
| 548 | department the name, address, and county of each institution, |
| 549 | including each campus attended, and the sexual predator's |
| 550 | enrollment or employment status. |
| 551 | 3. If the sexual predator's place of residence is a motor |
| 552 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 553 | in chapter 320, the sexual predator shall also provide the |
| 554 | vehicle identification number; the license tag number; the |
| 555 | registration number; and a description, including color scheme, |
| 556 | of the motor vehicle, trailer, mobile home, or manufactured |
| 557 | home. If the sexual predator's place of residence is a vessel, |
| 558 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 559 | sexual predator shall also provide the hull identification |
| 560 | number; the manufacturer's serial number; the name of the |
| 561 | vessel, live-aboard vessel, or houseboat; the registration |
| 562 | number; and a description, including color scheme, of the |
| 563 | vessel, live-aboard vessel, or houseboat. |
| 564 | (10) PENALTIES.- |
| 565 | (b) A sexual predator who has been convicted of or found |
| 566 | to have committed, or has pled nolo contendere or guilty to, |
| 567 | regardless of adjudication, any violation, or attempted |
| 568 | violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where |
| 569 | the victim is a minor and the defendant is not the victim's |
| 570 | parent or guardian; s. 794.011, excluding s. 794.011(10); s. |
| 571 | 794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s. |
| 572 | 847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a |
| 573 | violation of a similar law of another jurisdiction when the |
| 574 | victim of the offense was a minor, and who works, whether for |
| 575 | compensation or as a volunteer, at any business, school, child |
| 576 | care facility day care center, park, playground, or other place |
| 577 | where children regularly congregate, commits a felony of the |
| 578 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 579 | or s. 775.084. |
| 580 | Section 3. Section 794.065, Florida Statutes, is |
| 581 | transferred, renumbered as section 775.215, Florida Statutes, |
| 582 | and amended to read: |
| 583 | 775.215 794.065 Residency restriction Unlawful place of |
| 584 | residence for persons convicted of certain sex offenses.- |
| 585 | (1) It is the intent of the Legislature that there be one |
| 586 | state-established residency restriction distance applicable to |
| 587 | the residence of persons described in this section and that such |
| 588 | state-established residency restriction distance be uniformly |
| 589 | applied throughout the state. |
| 590 | (2) As used in this section, the term: |
| 591 | (a) "Child care facility" has the same meaning as provided |
| 592 | in s. 402.302. |
| 593 | (b) "Park" means all public and private property |
| 594 | specifically designated as being used for recreational purposes |
| 595 | and where children regularly congregate. |
| 596 | (c) "Playground" means a designated independent area in |
| 597 | the community or neighborhood that is designated solely for |
| 598 | children and has one or more play structures. |
| 599 | (d) "School" has the same meaning as provided in s. |
| 600 | 1003.01 and includes a private school as defined in s. 1002.01, |
| 601 | a voluntary prekindergarten education program as described in s. |
| 602 | 1002.53(3), a public school as described in s. 402.3025(1), the |
| 603 | Florida School for the Deaf and the Blind, the Florida Virtual |
| 604 | School as established under s. 1002.37, and a K-8 Virtual School |
| 605 | as established under s. 1002.415, but does not include |
| 606 | facilities dedicated exclusively to the education of adults. |
| 607 | (3)(a)(1) A It is unlawful for any person who has been |
| 608 | convicted of a violation of s. 794.011, s. 800.04, s. 827.071, |
| 609 | s. 847.0135(5), or s. 847.0145, regardless of whether |
| 610 | adjudication has been withheld, in which the victim of the |
| 611 | offense was less than 16 years of age, may not to reside within |
| 612 | 1,000 feet of any school, child care facility day care center, |
| 613 | park, or playground. However, a person does not violate this |
| 614 | subsection and may not be forced to relocate if he or she is |
| 615 | living in a residence that meets the requirements of this |
| 616 | subsection and a school, child care facility, park, or |
| 617 | playground is subsequently established within 1,000 feet of his |
| 618 | or her residence. |
| 619 | (b) A person who violates this subsection section and |
| 620 | whose conviction under s. 794.011, s. 800.04, s. 827.071, s. |
| 621 | 847.0135(5), or s. 847.0145 was classified as a felony of the |
| 622 | first degree or higher commits a felony of the third degree, |
| 623 | punishable as provided in s. 775.082 or s. 775.083. A person who |
| 624 | violates this subsection section and whose conviction under s. |
| 625 | 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 |
| 626 | was classified as a felony of the second or third degree commits |
| 627 | a misdemeanor of the first degree, punishable as provided in s. |
| 628 | 775.082 or s. 775.083. |
| 629 | (c)(2) This subsection section applies to any person |
| 630 | convicted of a violation of s. 794.011, s. 800.04, s. 827.071, |
| 631 | s. 847.0135(5), or s. 847.0145 for offenses that occur on or |
| 632 | after October 1, 2004, excluding persons who have been removed |
| 633 | from the requirement to register as a sexual offender or sexual |
| 634 | predator pursuant to s. 943.04354. |
| 635 | (4)(a) A person who has been convicted of an offense in |
| 636 | another jurisdiction that is similar to a violation of s. |
| 637 | 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, |
| 638 | regardless of whether adjudication has been withheld, in which |
| 639 | the victim of the offense was less than 16 years of age, may not |
| 640 | reside within 1,000 feet of any school, child care facility, |
| 641 | park, or playground. However, a person does not violate this |
| 642 | subsection and may not be forced to relocate if he or she is |
| 643 | living in a residence that meets the requirements of this |
| 644 | subsection and a school, child care facility, park, or |
| 645 | playground is subsequently established within 1,000 feet of his |
| 646 | or her residence. |
| 647 | (b) A person who violates this subsection and whose |
| 648 | conviction in another jurisdiction resulted in a penalty that is |
| 649 | substantially similar to a felony of the first degree or higher |
| 650 | commits a felony of the third degree, punishable as provided in |
| 651 | s. 775.082 or s. 775.083. A person who violates this subsection |
| 652 | and whose conviction in another jurisdiction resulted in a |
| 653 | penalty that is substantially similar to a felony of the second |
| 654 | or third degree commits a misdemeanor of the first degree, |
| 655 | punishable as provided in s. 775.082 or s. 775.083. |
| 656 | (c) This subsection applies to any person convicted of an |
| 657 | offense in another jurisdiction that is similar to a violation |
| 658 | of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. |
| 659 | 847.0145 if such offense occurred on or after the effective date |
| 660 | of this act, excluding persons who have been removed from the |
| 661 | requirement to register as a sexual offender or sexual predator |
| 662 | pursuant to s. 943.04354. |
| 663 | Section 4. Paragraph (c) of subsection (1), subsection |
| 664 | (2), paragraphs (a), (b), and (c) of subsection (4), subsections |
| 665 | (7), (8), and (10), and paragraph (c) of subsection (14) of |
| 666 | section 943.0435, Florida Statutes, are amended to read: |
| 667 | 943.0435 Sexual offenders required to register with the |
| 668 | department; penalty.- |
| 669 | (1) As used in this section, the term: |
| 670 | (c) "Permanent residence," and "temporary residence," and |
| 671 | "transient residence" have the same meaning ascribed in s. |
| 672 | 775.21. |
| 673 | (2) A sexual offender shall: |
| 674 | (a) Report in person at the sheriff's office: |
| 675 | 1. In the county in which the offender establishes or |
| 676 | maintains a permanent, or temporary, or transient residence |
| 677 | within 48 hours after: |
| 678 | a. Establishing permanent, or temporary, or transient |
| 679 | residence in this state; or |
| 680 | b. Being released from the custody, control, or |
| 681 | supervision of the Department of Corrections or from the custody |
| 682 | of a private correctional facility; or |
| 683 | 2. In the county where he or she was convicted within 48 |
| 684 | hours after being convicted for a qualifying offense for |
| 685 | registration under this section if the offender is not in the |
| 686 | custody or control of, or under the supervision of, the |
| 687 | Department of Corrections, or is not in the custody of a private |
| 688 | correctional facility. |
| 689 |
|
| 690 | Any change in the information required to be provided pursuant |
| 691 | to paragraph (b), including, but not limited to, any change in |
| 692 | the sexual offender's permanent, or temporary, or transient |
| 693 | residence, name, any electronic mail address and any instant |
| 694 | message name required to be provided pursuant to paragraph |
| 695 | (4)(d), after the sexual offender reports in person at the |
| 696 | sheriff's office, shall be accomplished in the manner provided |
| 697 | in subsections (4), (7), and (8). |
| 698 | (b) Provide his or her name;, date of birth;, social |
| 699 | security number;, race;, sex;, height;, weight;, hair and eye |
| 700 | color;, tattoos or other identifying |
| 701 | place of employment;, address of permanent or legal residence or |
| 702 | address of any current temporary residence, within the state or |
| 703 | and out of state, including a rural route address and a post |
| 704 | office box;, if no permanent or temporary address, any transient |
| 705 | residence within the state, address, location or description, |
| 706 | and dates of any current or known future temporary residence |
| 707 | within the state or out of state; home telephone number and any |
| 708 | cellular telephone number;, any electronic mail address and any |
| 709 | instant message name required to be provided pursuant to |
| 710 | paragraph (4)(d);, date and place of each conviction;, and a |
| 711 | brief description of the crime or crimes committed by the |
| 712 | offender. A post office box shall not be provided in lieu of a |
| 713 | physical residential address. |
| 714 | 1. If the sexual offender's place of residence is a motor |
| 715 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 716 | in chapter 320, the sexual offender shall also provide to the |
| 717 | department through the sheriff's office written notice of the |
| 718 | vehicle identification number; the license tag number; the |
| 719 | registration number; and a description, including color scheme, |
| 720 | of the motor vehicle, trailer, mobile home, or manufactured |
| 721 | home. If the sexual offender's place of residence is a vessel, |
| 722 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 723 | sexual offender shall also provide to the department written |
| 724 | notice of the hull identification number; the manufacturer's |
| 725 | serial number; the name of the vessel, live-aboard vessel, or |
| 726 | houseboat; the registration number; and a description, including |
| 727 | color scheme, of the vessel, live-aboard vessel, or houseboat. |
| 728 | 2. If the sexual offender is enrolled, employed, or |
| 729 | carrying on a vocation at an institution of higher education in |
| 730 | this state, the sexual offender shall also provide to the |
| 731 | department through the sheriff's office the name, address, and |
| 732 | county of each institution, including each campus attended, and |
| 733 | the sexual offender's enrollment or employment status. Each |
| 734 | change in enrollment or employment status shall be reported in |
| 735 | person at the sheriff's office, within 48 hours after any change |
| 736 | in status. The sheriff shall promptly notify each institution of |
| 737 | the sexual offender's presence and any change in the sexual |
| 738 | offender's enrollment or employment status. |
| 739 |
|
| 740 | When a sexual offender reports at the sheriff's office, the |
| 741 | sheriff shall take a photograph and a set of fingerprints of the |
| 742 | offender and forward the photographs and fingerprints to the |
| 743 | department, along with the information provided by the sexual |
| 744 | offender. The sheriff shall promptly provide to the department |
| 745 | the information received from the sexual offender. |
| 746 | (4)(a) Each time a sexual offender's driver's license or |
| 747 | identification card is subject to renewal, and, without regard |
| 748 | to the status of the offender's driver's license or |
| 749 | identification card, within 48 hours after any change in the |
| 750 | offender's permanent, or temporary, or transient residence or |
| 751 | change in the offender's name by reason of marriage or other |
| 752 | legal process, the offender shall report in person to a driver's |
| 753 | license office, and shall be subject to the requirements |
| 754 | specified in subsection (3). The Department of Highway Safety |
| 755 | and Motor Vehicles shall forward to the department all |
| 756 | photographs and information provided by sexual offenders. |
| 757 | Notwithstanding the restrictions set forth in s. 322.142, the |
| 758 | Department of Highway Safety and Motor Vehicles is authorized to |
| 759 | release a reproduction of a color-photograph or digital-image |
| 760 | license to the Department of Law Enforcement for purposes of |
| 761 | public notification of sexual offenders as provided in this |
| 762 | section and ss. 943.043 and 944.606. |
| 763 | (b) A sexual offender who vacates a permanent, temporary, |
| 764 | or transient residence and fails to establish or maintain |
| 765 | another permanent, or temporary, or transient residence shall, |
| 766 | within 48 hours after vacating the permanent, temporary, or |
| 767 | transient residence, report in person to the sheriff's office of |
| 768 | the county in which he or she is located. The sexual offender |
| 769 | shall specify the date upon which he or she intends to or did |
| 770 | vacate such residence. The sexual offender must provide or |
| 771 | update all of the registration information required under |
| 772 | paragraph (2)(b). The sexual offender must provide an address |
| 773 | for the residence or other place location that he or she is or |
| 774 | will be located occupying during the time in which he or she |
| 775 | fails to establish or maintain a permanent or temporary |
| 776 | residence. |
| 777 | (c) A sexual offender who remains at a permanent, |
| 778 | temporary, or transient residence after reporting his or her |
| 779 | intent to vacate such residence shall, within 48 hours after the |
| 780 | date upon which the offender indicated he or she would or did |
| 781 | vacate such residence, report in person to the agency to which |
| 782 | he or she reported pursuant to paragraph (b) for the purpose of |
| 783 | reporting his or her address at such residence. When the sheriff |
| 784 | receives the report, the sheriff shall promptly convey the |
| 785 | information to the department. An offender who makes a report as |
| 786 | required under paragraph (b) but fails to make a report as |
| 787 | required under this paragraph commits a felony of the second |
| 788 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 789 | 775.084. |
| 790 | (7) A sexual offender who intends to establish a |
| 791 | permanent, temporary, or transient residence in another state or |
| 792 | jurisdiction other than the State of Florida shall report in |
| 793 | person to the sheriff of the county of current residence within |
| 794 | 48 hours before the date he or she intends to leave this state |
| 795 | to establish residence in another state or jurisdiction. The |
| 796 | notification must include the address, municipality, county, and |
| 797 | state of intended residence. The sheriff shall promptly provide |
| 798 | to the department the information received from the sexual |
| 799 | offender. The department shall notify the statewide law |
| 800 | enforcement agency, or a comparable agency, in the intended |
| 801 | state or jurisdiction of residence of the sexual offender's |
| 802 | intended residence. The failure of a sexual offender to provide |
| 803 | his or her intended place of residence is punishable as provided |
| 804 | in subsection (9). |
| 805 | (8) A sexual offender who indicates his or her intent to |
| 806 | establish a permanent, temporary, or transient residence reside |
| 807 | in another state or jurisdiction other than the State of Florida |
| 808 | and later decides to remain in this state shall, within 48 hours |
| 809 | after the date upon which the sexual offender indicated he or |
| 810 | she would leave this state, report in person to the sheriff to |
| 811 | which the sexual offender reported the intended change of |
| 812 | permanent, temporary, or transient residence, and report his or |
| 813 | her intent to remain in this state. The sheriff shall promptly |
| 814 | report this information to the department. A sexual offender who |
| 815 | reports his or her intent to establish a permanent, temporary, |
| 816 | or transient residence reside in another state or jurisdiction |
| 817 | but who remains in this state without reporting to the sheriff |
| 818 | in the manner required by this subsection commits a felony of |
| 819 | the second degree, punishable as provided in s. 775.082, s. |
| 820 | 775.083, or s. 775.084. |
| 821 | (10) The department, the Department of Highway Safety and |
| 822 | Motor Vehicles, the Department of Corrections, the Department of |
| 823 | Juvenile Justice, any law enforcement agency in this state, and |
| 824 | the personnel of those departments; an elected or appointed |
| 825 | official, public employee, or school administrator; or an |
| 826 | employee, agency, or any individual or entity acting at the |
| 827 | request or upon the direction of any law enforcement agency is |
| 828 | immune from civil liability for damages for good faith |
| 829 | compliance with the requirements of this section or for the |
| 830 | release of information under this section, and shall be presumed |
| 831 | to have acted in good faith in compiling, recording, reporting, |
| 832 | or releasing the information. The presumption of good faith is |
| 833 | not overcome if a technical or clerical error is made by the |
| 834 | department, the Department of Highway Safety and Motor Vehicles, |
| 835 | the Department of Corrections, the Department of Juvenile |
| 836 | Justice, the personnel of those departments, or any individual |
| 837 | or entity acting at the request or upon the direction of any of |
| 838 | those departments in compiling or providing information, or if |
| 839 | information is incomplete or incorrect because a sexual offender |
| 840 | fails to report or falsely reports his or her current place of |
| 841 | permanent, or temporary, or transient residence. |
| 842 | (14) |
| 843 | (c) The sheriff's office may determine the appropriate |
| 844 | times and days for reporting by the sexual offender, which shall |
| 845 | be consistent with the reporting requirements of this |
| 846 | subsection. Reregistration shall include any changes to the |
| 847 | following information: |
| 848 | 1. Name; social security number; age; race; sex; date of |
| 849 | birth; height; weight; hair and eye color; address of any |
| 850 | permanent residence and address of any current temporary |
| 851 | residence, within the state or out of state, including a rural |
| 852 | route address and a post office box; if no permanent or |
| 853 | temporary address, any transient residence within the state; |
| 854 | address, location or description, and dates of any current or |
| 855 | known future temporary residence within the state or out of |
| 856 | state; any electronic mail address and any instant message name |
| 857 | required to be provided pursuant to paragraph (4)(d); home |
| 858 | telephone number and any cellular telephone number; date and |
| 859 | place of any employment; vehicle make, model, color, and license |
| 860 | tag number; fingerprints; and photograph. A post office box |
| 861 | shall not be provided in lieu of a physical residential address. |
| 862 | 2. If the sexual offender is enrolled, employed, or |
| 863 | carrying on a vocation at an institution of higher education in |
| 864 | this state, the sexual offender shall also provide to the |
| 865 | department the name, address, and county of each institution, |
| 866 | including each campus attended, and the sexual offender's |
| 867 | enrollment or employment status. |
| 868 | 3. If the sexual offender's place of residence is a motor |
| 869 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 870 | in chapter 320, the sexual offender shall also provide the |
| 871 | vehicle identification number; the license tag number; the |
| 872 | registration number; and a description, including color scheme, |
| 873 | of the motor vehicle, trailer, mobile home, or manufactured |
| 874 | home. If the sexual offender's place of residence is a vessel, |
| 875 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 876 | sexual offender shall also provide the hull identification |
| 877 | number; the manufacturer's serial number; the name of the |
| 878 | vessel, live-aboard vessel, or houseboat; the registration |
| 879 | number; and a description, including color scheme, of the |
| 880 | vessel, live-aboard vessel or houseboat. |
| 881 | 4. Any sexual offender who fails to report in person as |
| 882 | required at the sheriff's office, or who fails to respond to any |
| 883 | address verification correspondence from the department within 3 |
| 884 | weeks of the date of the correspondence or who fails to report |
| 885 | electronic mail addresses or instant message names, commits a |
| 886 | felony of the third degree, punishable as provided in s. |
| 887 | 775.082, s. 775.083, or s. 775.084. |
| 888 | Section 5. Section 943.04352, Florida Statutes, is amended |
| 889 | to read: |
| 890 | 943.04352 Search of registration information regarding |
| 891 | sexual predators and sexual offenders required when placement on |
| 892 | misdemeanor probation.-When the court places a defendant on |
| 893 | misdemeanor probation pursuant to ss. 948.01 and 948.15, the |
| 894 | public or private entity providing probation services must |
| 895 | conduct a search of the probationer's name or other identifying |
| 896 | information against the registration information regarding |
| 897 | sexual predators and sexual offenders maintained by the |
| 898 | Department of Law Enforcement under s. 943.043. The probation |
| 899 | services provider may conduct the search using the Internet site |
| 900 | maintained by the Department of Law Enforcement. Also, a |
| 901 | national search must be conducted through the Dru Sjodin |
| 902 | National Sex Offender Public Website maintained by the United |
| 903 | States Department of Justice. |
| 904 | Section 6. Paragraph (a) of subsection (3) of section |
| 905 | 944.606, Florida Statutes, is amended to read: |
| 906 | 944.606 Sexual offenders; notification upon release.- |
| 907 | (3)(a) The department must provide information regarding |
| 908 | any sexual offender who is being released after serving a period |
| 909 | of incarceration for any offense, as follows: |
| 910 | 1. The department must provide: the sexual offender's |
| 911 | name, any change in the offender's name by reason of marriage or |
| 912 | other legal process, and any alias, if known; the correctional |
| 913 | facility from which the sexual offender is released; the sexual |
| 914 | offender's social security number, race, sex, date of birth, |
| 915 | height, weight, and hair and eye color; address of any planned |
| 916 | permanent residence or temporary residence, within the state or |
| 917 | out of state, including a rural route address and a post office |
| 918 | box; if no permanent or temporary address, any transient |
| 919 | residence within the state; address, location or description, |
| 920 | and dates of any known future temporary residence within the |
| 921 | state or out of state; date and county of sentence and each |
| 922 | crime for which the offender was sentenced; a copy of the |
| 923 | offender's fingerprints and a digitized photograph taken within |
| 924 | 60 days before release; the date of release of the sexual |
| 925 | offender; any electronic mail address and any instant message |
| 926 | name required to be provided pursuant to s. 943.0435(4)(d); and |
| 927 | home telephone number and any cellular telephone number; and the |
| 928 | offender's intended residence address, if known. The department |
| 929 | shall notify the Department of Law Enforcement if the sexual |
| 930 | offender escapes, absconds, or dies. If the sexual offender is |
| 931 | in the custody of a private correctional facility, the facility |
| 932 | shall take the digitized photograph of the sexual offender |
| 933 | within 60 days before the sexual offender's release and provide |
| 934 | this photograph to the Department of Corrections and also place |
| 935 | it in the sexual offender's file. If the sexual offender is in |
| 936 | the custody of a local jail, the custodian of the local jail |
| 937 | shall register the offender within 3 business days after intake |
| 938 | of the offender for any reason and upon release, and shall |
| 939 | notify the Department of Law Enforcement of the sexual |
| 940 | offender's release and provide to the Department of Law |
| 941 | Enforcement the information specified in this paragraph and any |
| 942 | information specified in subparagraph 2. that the Department of |
| 943 | Law Enforcement requests. |
| 944 | 2. The department may provide any other information deemed |
| 945 | necessary, including criminal and corrections records, |
| 946 | nonprivileged personnel and treatment records, when available. |
| 947 | Section 7. Subsections (4) and (6) and paragraph (c) of |
| 948 | subsection (13) of section 944.607, Florida Statutes, are |
| 949 | amended to read: |
| 950 | 944.607 Notification to Department of Law Enforcement of |
| 951 | information on sexual offenders.- |
| 952 | (4) A sexual offender, as described in this section, who |
| 953 | is under the supervision of the Department of Corrections but is |
| 954 | not incarcerated must register with the Department of |
| 955 | Corrections within 3 business days after sentencing for a |
| 956 | registrable registerable offense and otherwise provide |
| 957 | information as required by this subsection. |
| 958 | (a) The sexual offender shall provide his or her name; |
| 959 | date of birth; social security number; race; sex; height; |
| 960 | weight; hair and eye color; tattoos or other identifying marks; |
| 961 | any electronic mail address and any instant message name |
| 962 | required to be provided pursuant to s. 943.0435(4)(d); and |
| 963 | permanent or legal residence and address of temporary residence |
| 964 | within the state or out of state while the sexual offender is |
| 965 | under supervision in this state, including any rural route |
| 966 | address or post office box; if no permanent or temporary |
| 967 | address, any transient residence within the state; and address, |
| 968 | location or description, and dates of any current or known |
| 969 | future temporary residence within the state or out of state. The |
| 970 | Department of Corrections shall verify the address of each |
| 971 | sexual offender in the manner described in ss. 775.21 and |
| 972 | 943.0435. The department shall report to the Department of Law |
| 973 | Enforcement any failure by a sexual predator or sexual offender |
| 974 | to comply with registration requirements. |
| 975 | (b) If the sexual offender is enrolled, employed, or |
| 976 | carrying on a vocation at an institution of higher education in |
| 977 | this state, the sexual offender shall provide the name, address, |
| 978 | and county of each institution, including each campus attended, |
| 979 | and the sexual offender's enrollment or employment status. Each |
| 980 | change in enrollment or employment status shall be reported to |
| 981 | the department within 48 hours after the change in status. The |
| 982 | Department of Corrections shall promptly notify each institution |
| 983 | of the sexual offender's presence and any change in the sexual |
| 984 | offender's enrollment or employment status. |
| 985 | (6) The information provided to the Department of Law |
| 986 | Enforcement must include: |
| 987 | (a) The information obtained from the sexual offender |
| 988 | under subsection (4); |
| 989 | (b) The sexual offender's most current address, and place |
| 990 | of permanent, and temporary, or transient residence within the |
| 991 | state or out of state, and address, location or description, and |
| 992 | dates of any current or known future temporary residence within |
| 993 | the state or out of state, while the sexual offender is under |
| 994 | supervision in this state, including the name of the county or |
| 995 | municipality in which the offender permanently or temporarily |
| 996 | resides, or has a transient residence, and address, location or |
| 997 | description, and dates of any current or known future temporary |
| 998 | residence within the state or out of state, and, if known, the |
| 999 | intended place of permanent, or temporary, or transient |
| 1000 | residence, and address, location or description, and dates of |
| 1001 | any current or known future temporary residence within the state |
| 1002 | or out of state upon satisfaction of all sanctions; |
| 1003 | (c) The legal status of the sexual offender and the |
| 1004 | scheduled termination date of that legal status; |
| 1005 | (d) The location of, and local telephone number for, any |
| 1006 | Department of Corrections' office that is responsible for |
| 1007 | supervising the sexual offender; |
| 1008 | (e) An indication of whether the victim of the offense |
| 1009 | that resulted in the offender's status as a sexual offender was |
| 1010 | a minor; |
| 1011 | (f) The offense or offenses at conviction which resulted |
| 1012 | in the determination of the offender's status as a sex offender; |
| 1013 | and |
| 1014 | (g) A digitized photograph of the sexual offender which |
| 1015 | must have been taken within 60 days before the offender is |
| 1016 | released from the custody of the department or a private |
| 1017 | correctional facility by expiration of sentence under s. 944.275 |
| 1018 | or must have been taken by January 1, 1998, or within 60 days |
| 1019 | after the onset of the department's supervision of any sexual |
| 1020 | offender who is on probation, community control, conditional |
| 1021 | release, parole, provisional release, or control release or who |
| 1022 | is supervised by the department under the Interstate Compact |
| 1023 | Agreement for Probationers and Parolees. If the sexual offender |
| 1024 | is in the custody of a private correctional facility, the |
| 1025 | facility shall take a digitized photograph of the sexual |
| 1026 | offender within the time period provided in this paragraph and |
| 1027 | shall provide the photograph to the department. |
| 1028 |
|
| 1029 | If any information provided by the department changes during the |
| 1030 | time the sexual offender is under the department's control, |
| 1031 | custody, or supervision, including any change in the offender's |
| 1032 | name by reason of marriage or other legal process, the |
| 1033 | department shall, in a timely manner, update the information and |
| 1034 | provide it to the Department of Law Enforcement in the manner |
| 1035 | prescribed in subsection (2). |
| 1036 | (13) |
| 1037 | (c) The sheriff's office may determine the appropriate |
| 1038 | times and days for reporting by the sexual offender, which shall |
| 1039 | be consistent with the reporting requirements of this |
| 1040 | subsection. Reregistration shall include any changes to the |
| 1041 | following information: |
| 1042 | 1. Name; social security number; age; race; sex; date of |
| 1043 | birth; height; weight; hair and eye color; address of any |
| 1044 | permanent residence and address of any current temporary |
| 1045 | residence, within the state or out of state, including a rural |
| 1046 | route address and a post office box; if no permanent or |
| 1047 | temporary address, any transient residence; address, location or |
| 1048 | description, and dates of any current or known future temporary |
| 1049 | residence within the state or out of state; any electronic mail |
| 1050 | address and any instant message name required to be provided |
| 1051 | pursuant to s. 943.0435(4)(d); date and place of any employment; |
| 1052 | vehicle make, model, color, and license tag number; |
| 1053 | fingerprints; and photograph. A post office box shall not be |
| 1054 | provided in lieu of a physical residential address. |
| 1055 | 2. If the sexual offender is enrolled, employed, or |
| 1056 | carrying on a vocation at an institution of higher education in |
| 1057 | this state, the sexual offender shall also provide to the |
| 1058 | department the name, address, and county of each institution, |
| 1059 | including each campus attended, and the sexual offender's |
| 1060 | enrollment or employment status. |
| 1061 | 3. If the sexual offender's place of residence is a motor |
| 1062 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 1063 | in chapter 320, the sexual offender shall also provide the |
| 1064 | vehicle identification number; the license tag number; the |
| 1065 | registration number; and a description, including color scheme, |
| 1066 | of the motor vehicle, trailer, mobile home, or manufactured |
| 1067 | home. If the sexual offender's place of residence is a vessel, |
| 1068 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 1069 | sexual offender shall also provide the hull identification |
| 1070 | number; the manufacturer's serial number; the name of the |
| 1071 | vessel, live-aboard vessel, or houseboat; the registration |
| 1072 | number; and a description, including color scheme, of the |
| 1073 | vessel, live-aboard vessel or houseboat. |
| 1074 | 4. Any sexual offender who fails to report in person as |
| 1075 | required at the sheriff's office, or who fails to respond to any |
| 1076 | address verification correspondence from the department within 3 |
| 1077 | weeks of the date of the correspondence, or who fails to report |
| 1078 | electronic mail addresses or instant message names, commits a |
| 1079 | felony of the third degree, punishable as provided in s. |
| 1080 | 775.082, s. 775.083, or s. 775.084. |
| 1081 | Section 8. Section 947.005, Florida Statutes, is amended |
| 1082 | to read: |
| 1083 | 947.005 Definitions.-As used in this chapter, unless the |
| 1084 | context clearly indicates otherwise: |
| 1085 | (1)(8) "Authority" means the Control Release Authority. |
| 1086 | (2) "Child care facility" has the same meaning as provided |
| 1087 | in s. 402.302. |
| 1088 | (3)(1) "Commission" means the Parole Commission. |
| 1089 | (4)(2) "Department" means the Department of Corrections. |
| 1090 | (5) "Effective parole release date" means the actual |
| 1091 | parole release date as determined by the presumptive parole |
| 1092 | release date, satisfactory institutional conduct, and an |
| 1093 | acceptable parole plan. |
| 1094 | (6) "Park" has the same meaning as provided in s. 775.215. |
| 1095 | (7) "Playground" has the same meaning as provided in s. |
| 1096 | 775.215. |
| 1097 | (8)(4) "Presumptive parole release date" means the |
| 1098 | tentative parole release date as determined by objective parole |
| 1099 | guidelines. |
| 1100 | (9)(7) "Provisional release date" means the date projected |
| 1101 | for the prisoner's release from custody as determined pursuant |
| 1102 | to s. 944.277. |
| 1103 | (10)(9) "Qualified practitioner" means a social worker, |
| 1104 | mental health counselor, or a marriage and family therapist |
| 1105 | licensed under chapter 491 who, as determined by rule of the |
| 1106 | respective board, has the coursework, training, qualifications, |
| 1107 | and experience to evaluate and treat sexual offenders; a |
| 1108 | psychiatrist licensed under chapter 458 or chapter 459; or, a |
| 1109 | psychologist licensed under chapter 490, or a social worker, a |
| 1110 | mental health counselor, or a marriage and family therapist |
| 1111 | licensed under chapter 491 who practices in accordance with his |
| 1112 | or her respective practice act. |
| 1113 | (11)(10) "Risk assessment" means an assessment completed |
| 1114 | by an independent qualified practitioner to evaluate the level |
| 1115 | of risk associated when a sex offender has contact with a child. |
| 1116 | (12)(11) "Safety plan" means a written document prepared |
| 1117 | by the qualified practitioner, in collaboration with the sex |
| 1118 | offender, the child's parent or legal guardian, and, when |
| 1119 | appropriate, the child, which establishes clear roles and |
| 1120 | responsibilities for each individual involved in any contact |
| 1121 | between the child and the sex offender. |
| 1122 | (13) "School" has the same meaning as provided in s. |
| 1123 | 775.215. |
| 1124 | (14)(3) "Secretary" means the Secretary of Corrections. |
| 1125 | (15)(6) "Tentative release date" means the date projected |
| 1126 | for the prisoner's release from custody by virtue of gain-time |
| 1127 | granted or forfeited pursuant to s. 944.275(3)(a). |
| 1128 | Section 9. Subsection (7) of section 947.1405, Florida |
| 1129 | Statutes, is amended, and subsection (12) is added to that |
| 1130 | section, to read: |
| 1131 | 947.1405 Conditional release program.- |
| 1132 | (7)(a) Any inmate who is convicted of a crime committed on |
| 1133 | or after October 1, 1995, or who has been previously convicted |
| 1134 | of a crime committed on or after October 1, 1995, in violation |
| 1135 | of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. |
| 1136 | 847.0145, and is subject to conditional release supervision, |
| 1137 | shall have, in addition to any other conditions imposed, the |
| 1138 | following special conditions imposed by the commission: |
| 1139 | 1. A mandatory curfew from 10 p.m. to 6 a.m. The |
| 1140 | commission may designate another 8-hour period if the offender's |
| 1141 | employment precludes the above specified time, and such |
| 1142 | alternative is recommended by the Department of Corrections. If |
| 1143 | the commission determines that imposing a curfew would endanger |
| 1144 | the victim, the commission may consider alternative sanctions. |
| 1145 | 2. If the victim was under the age of 18, a prohibition on |
| 1146 | living within 1,000 feet of a school, child care facility day |
| 1147 | care center, park, playground, designated public school bus |
| 1148 | stop, or other place where children regularly congregate. A |
| 1149 | releasee who is subject to this subparagraph may not relocate to |
| 1150 | a residence that is within 1,000 feet of a public school bus |
| 1151 | stop. Beginning October 1, 2004, the commission or the |
| 1152 | department may not approve a residence that is located within |
| 1153 | 1,000 feet of a school, child care facility day care center, |
| 1154 | park, playground, designated school bus stop, or other place |
| 1155 | where children regularly congregate for any releasee who is |
| 1156 | subject to this subparagraph. On October 1, 2004, the department |
| 1157 | shall notify each affected school district of the location of |
| 1158 | the residence of a releasee 30 days prior to release and |
| 1159 | thereafter, if the releasee relocates to a new residence, shall |
| 1160 | notify any affected school district of the residence of the |
| 1161 | releasee within 30 days after relocation. If, on October 1, |
| 1162 | 2004, any public school bus stop is located within 1,000 feet of |
| 1163 | the existing residence of such releasee, the district school |
| 1164 | board shall relocate that school bus stop. Beginning October 1, |
| 1165 | 2004, a district school board may not establish or relocate a |
| 1166 | public school bus stop within 1,000 feet of the residence of a |
| 1167 | releasee who is subject to this subparagraph. The failure of the |
| 1168 | district school board to comply with this subparagraph shall not |
| 1169 | result in a violation of conditional release supervision. A |
| 1170 | releasee who is subject to this subparagraph may not be forced |
| 1171 | to relocate and does not violate his or her conditional release |
| 1172 | supervision if he or she is living in a residence that meets the |
| 1173 | requirements of this subparagraph and a school, child care |
| 1174 | facility, park, playground, designated public school bus stop, |
| 1175 | or other place where children regularly congregate is |
| 1176 | subsequently established within 1,000 feet of his or her |
| 1177 | residence. |
| 1178 | 3. Active participation in and successful completion of a |
| 1179 | sex offender treatment program with qualified practitioners |
| 1180 | specifically trained to treat sex offenders, at the releasee's |
| 1181 | own expense. If a qualified practitioner is not available within |
| 1182 | a 50-mile radius of the releasee's residence, the offender shall |
| 1183 | participate in other appropriate therapy. |
| 1184 | 4. A prohibition on any contact with the victim, directly |
| 1185 | or indirectly, including through a third person, unless approved |
| 1186 | by the victim, a qualified practitioner in the sexual offender |
| 1187 | treatment program the offender's therapist, and the sentencing |
| 1188 | court. |
| 1189 | 5. If the victim was under the age of 18, a prohibition |
| 1190 | against contact with children under the age of 18 without review |
| 1191 | and approval by the commission. The commission may approve |
| 1192 | supervised contact with a child under the age of 18 if the |
| 1193 | approval is based upon a recommendation for contact issued by a |
| 1194 | qualified practitioner who is basing the recommendation on a |
| 1195 | risk assessment. Further, the sex offender must be currently |
| 1196 | enrolled in or have successfully completed a sex offender |
| 1197 | therapy program. The commission may not grant supervised contact |
| 1198 | with a child if the contact is not recommended by a qualified |
| 1199 | practitioner and may deny supervised contact with a child at any |
| 1200 | time. When considering whether to approve supervised contact |
| 1201 | with a child, the commission must review and consider the |
| 1202 | following: |
| 1203 | a. A risk assessment completed by a qualified |
| 1204 | practitioner. The qualified practitioner must prepare a written |
| 1205 | report that must include the findings of the assessment and |
| 1206 | address each of the following components: |
| 1207 | (I) The sex offender's current legal status; |
| 1208 | (II) The sex offender's history of adult charges with |
| 1209 | apparent sexual motivation; |
| 1210 | (III) The sex offender's history of adult charges without |
| 1211 | apparent sexual motivation; |
| 1212 | (IV) The sex offender's history of juvenile charges, |
| 1213 | whenever available; |
| 1214 | (V) The sex offender's offender treatment history, |
| 1215 | including a consultation from the sex offender's treating, or |
| 1216 | most recent treating, therapist; |
| 1217 | (VI) The sex offender's current mental status; |
| 1218 | (VII) The sex offender's mental health and substance abuse |
| 1219 | history as provided by the Department of Corrections; |
| 1220 | (VIII) The sex offender's personal, social, educational, |
| 1221 | and work history; |
| 1222 | (IX) The results of current psychological testing of the |
| 1223 | sex offender if determined necessary by the qualified |
| 1224 | practitioner; |
| 1225 | (X) A description of the proposed contact, including the |
| 1226 | location, frequency, duration, and supervisory arrangement; |
| 1227 | (XI) The child's preference and relative comfort level |
| 1228 | with the proposed contact, when age-appropriate; |
| 1229 | (XII) The parent's or legal guardian's preference |
| 1230 | regarding the proposed contact; and |
| 1231 | (XIII) The qualified practitioner's opinion, along with |
| 1232 | the basis for that opinion, as to whether the proposed contact |
| 1233 | would likely pose significant risk of emotional or physical harm |
| 1234 | to the child. |
| 1235 |
|
| 1236 | The written report of the assessment must be given to the |
| 1237 | commission. |
| 1238 | b. A recommendation made as a part of the risk-assessment |
| 1239 | report as to whether supervised contact with the child should be |
| 1240 | approved; |
| 1241 | c. A written consent signed by the child's parent or legal |
| 1242 | guardian, if the parent or legal guardian is not the sex |
| 1243 | offender, agreeing to the sex offender having supervised contact |
| 1244 | with the child after receiving full disclosure of the sex |
| 1245 | offender's present legal status, past criminal history, and the |
| 1246 | results of the risk assessment. The commission may not approve |
| 1247 | contact with the child if the parent or legal guardian refuses |
| 1248 | to give written consent for supervised contact; |
| 1249 | d. A safety plan prepared by the qualified practitioner, |
| 1250 | who provides treatment to the offender, in collaboration with |
| 1251 | the sex offender, the child's parent or legal guardian, and the |
| 1252 | child, when age appropriate, which details the acceptable |
| 1253 | conditions of contact between the sex offender and the child. |
| 1254 | The safety plan must be reviewed and approved by the Department |
| 1255 | of Corrections before being submitted to the commission; and |
| 1256 | e. Evidence that the child's parent or legal guardian, if |
| 1257 | the parent or legal guardian is not the sex offender, |
| 1258 | understands the need for and agrees to the safety plan and has |
| 1259 | agreed to provide, or to designate another adult to provide, |
| 1260 | constant supervision any time the child is in contact with the |
| 1261 | offender. |
| 1262 |
|
| 1263 | The commission may not appoint a person to conduct a risk |
| 1264 | assessment and may not accept a risk assessment from a person |
| 1265 | who has not demonstrated to the commission that he or she has |
| 1266 | met the requirements of a qualified practitioner as defined in |
| 1267 | this section. |
| 1268 | 6. If the victim was under age 18, a prohibition on |
| 1269 | working for pay or as a volunteer at any school, child care |
| 1270 | facility day care center, park, playground, or other place where |
| 1271 | children regularly congregate, as prescribed by the commission. |
| 1272 | 7. Unless otherwise indicated in the treatment plan |
| 1273 | provided by a qualified practitioner in the sexual offender |
| 1274 | treatment program, a prohibition on viewing, owning, or |
| 1275 | possessing any obscene, pornographic, or sexually stimulating |
| 1276 | visual or auditory material, including telephone, electronic |
| 1277 | media, computer programs, or computer services that are relevant |
| 1278 | to the offender's deviant behavior pattern. |
| 1279 | 8. Effective for a releasee whose crime is committed on or |
| 1280 | after July 1, 2005, a prohibition on accessing the Internet or |
| 1281 | other computer services until a qualified practitioner in the |
| 1282 | offender's sex offender treatment program, after a risk |
| 1283 | assessment is completed, approves and implements a safety plan |
| 1284 | for the offender's accessing or using the Internet or other |
| 1285 | computer services. |
| 1286 | 9. A requirement that the releasee must submit two |
| 1287 | specimens of blood to the Florida Department of Law Enforcement |
| 1288 | to be registered with the DNA database. |
| 1289 | 10. A requirement that the releasee make restitution to |
| 1290 | the victim, as determined by the sentencing court or the |
| 1291 | commission, for all necessary medical and related professional |
| 1292 | services relating to physical, psychiatric, and psychological |
| 1293 | care. |
| 1294 | 11. Submission to a warrantless search by the community |
| 1295 | control or probation officer of the probationer's or community |
| 1296 | controllee's person, residence, or vehicle. |
| 1297 | (b) For a releasee whose crime was committed on or after |
| 1298 | October 1, 1997, in violation of chapter 794, s. 800.04, s. |
| 1299 | 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to |
| 1300 | conditional release supervision, in addition to any other |
| 1301 | provision of this subsection, the commission shall impose the |
| 1302 | following additional conditions of conditional release |
| 1303 | supervision: |
| 1304 | 1. As part of a treatment program, participation in a |
| 1305 | minimum of one annual polygraph examination to obtain |
| 1306 | information necessary for risk management and treatment and to |
| 1307 | reduce the sex offender's denial mechanisms. The polygraph |
| 1308 | examination must be conducted by a polygrapher who is a member |
| 1309 | of a national or state polygraph association and who is |
| 1310 | certified as a postconviction sex offender polygrapher trained |
| 1311 | specifically in the use of the polygraph for the monitoring of |
| 1312 | sex offenders, where available, and at the expense of the |
| 1313 | releasee sex offender. The results of the examination shall be |
| 1314 | provided to the releasee's probation officer and qualified |
| 1315 | practitioner and may not be used as evidence in a hearing to |
| 1316 | prove that a violation of supervision has occurred. |
| 1317 | 2. Maintenance of a driving log and a prohibition against |
| 1318 | driving a motor vehicle alone without the prior approval of the |
| 1319 | supervising officer. |
| 1320 | 3. A prohibition against obtaining or using a post office |
| 1321 | box without the prior approval of the supervising officer. |
| 1322 | 4. If there was sexual contact, a submission to, at the |
| 1323 | releasee's probationer's or community controllee's expense, an |
| 1324 | HIV test with the results to be released to the victim or the |
| 1325 | victim's parent or guardian. |
| 1326 | 5. Electronic monitoring of any form when ordered by the |
| 1327 | commission. Any person who has been placed under supervision and |
| 1328 | is electronically monitored by the department must pay the |
| 1329 | department for the cost of the electronic monitoring service at |
| 1330 | a rate that may not exceed the full cost of the monitoring |
| 1331 | service. Funds collected under this subparagraph shall be |
| 1332 | deposited into the General Revenue Fund. The department may |
| 1333 | exempt a person from the payment of all or any part of the |
| 1334 | electronic monitoring service cost if the department finds that |
| 1335 | any of the factors listed in s. 948.09(3) exist. |
| 1336 | (12) In addition to all other conditions imposed, for a |
| 1337 | releasee who is subject to conditional release for a crime that |
| 1338 | was committed on or after the effective date of this act, and |
| 1339 | who has been convicted at any time of committing, or attempting, |
| 1340 | soliciting, or conspiring to commit, any of the criminal |
| 1341 | offenses listed in s. 943.0435(1)(a)1.a.(I), or a similar |
| 1342 | offense in another jurisdiction against a victim who was under |
| 1343 | 18 years of age at the time of the offense, if the releasee has |
| 1344 | not received a pardon for any felony or similar law of another |
| 1345 | jurisdiction necessary for the operation of this subsection, if |
| 1346 | a conviction of a felony or similar law of another jurisdiction |
| 1347 | necessary for the operation of this subsection has not been set |
| 1348 | aside in any postconviction proceeding, or if the releasee has |
| 1349 | not been removed from the requirement to register as a sexual |
| 1350 | offender or sexual predator pursuant to s. 943.04354, the |
| 1351 | commission must impose the following conditions: |
| 1352 | (a) A prohibition on visiting schools, child care |
| 1353 | facilities, parks, and playgrounds without prior approval from |
| 1354 | the releasee's supervising officer. The commission may also |
| 1355 | designate additional prohibited locations to protect a victim. |
| 1356 | The prohibition ordered under this paragraph does not prohibit |
| 1357 | the releasee from visiting a school, child care facility, park, |
| 1358 | or playground for the sole purpose of attending a religious |
| 1359 | service as defined in s. 775.0861 or picking up or dropping off |
| 1360 | the releasee's child or grandchild at a child care facility or |
| 1361 | school. |
| 1362 | (b) A prohibition on distributing candy or other items to |
| 1363 | children on Halloween; wearing a Santa Claus costume, or other |
| 1364 | costume to appeal to children, on or preceding Christmas; |
| 1365 | wearing an Easter Bunny costume, or other costume to appeal to |
| 1366 | children, on or preceding Easter; entertaining at children's |
| 1367 | parties; or wearing a clown costume without prior approval from |
| 1368 | the commission. |
| 1369 | Section 10. Section 948.001, Florida Statutes, is amended |
| 1370 | to read: |
| 1371 | 948.001 Definitions.-As used in this chapter, the term: |
| 1372 | (1) "Administrative probation" means a form of noncontact |
| 1373 | supervision in which an offender who presents a low risk of harm |
| 1374 | to the community may, upon satisfactory completion of half the |
| 1375 | term of probation, be transferred by the Department of |
| 1376 | Corrections to nonreporting status until expiration of the term |
| 1377 | of supervision. |
| 1378 | (2) "Child care facility" has the same meaning as provided |
| 1379 | in s. 402.302. |
| 1380 | (3)(2) "Community control" means a form of intensive, |
| 1381 | supervised custody in the community, including surveillance on |
| 1382 | weekends and holidays, administered by officers with restricted |
| 1383 | caseloads. Community control is an individualized program in |
| 1384 | which the freedom of an offender is restricted within the |
| 1385 | community, home, or noninstitutional residential placement and |
| 1386 | specific sanctions are imposed and enforced. |
| 1387 | (4)(9) "Community residential drug punishment center" |
| 1388 | means a residential drug punishment center designated by the |
| 1389 | Department of Corrections. The Department of Corrections shall |
| 1390 | adopt rules as necessary to define and operate such a center. |
| 1391 | (5)(3) "Criminal quarantine community control" means |
| 1392 | intensive supervision, by officers with restricted caseloads, |
| 1393 | with a condition of 24-hour-per-day electronic monitoring, and a |
| 1394 | condition of confinement to a designated residence during |
| 1395 | designated hours. |
| 1396 | (6)(4) "Drug offender probation" means a form of intensive |
| 1397 | supervision that which emphasizes treatment of drug offenders in |
| 1398 | accordance with individualized treatment plans administered by |
| 1399 | officers with restricted caseloads. Caseloads should be |
| 1400 | restricted to a maximum of 50 cases per officer in order to |
| 1401 | ensure an adequate level of staffing. |
| 1402 | (7) "Park" has the same meaning as provided in s. 775.215. |
| 1403 | (8) "Playground" has the same meaning as provided in s. |
| 1404 | 775.215. |
| 1405 | (9)(5) "Probation" means a form of community supervision |
| 1406 | requiring specified contacts with parole and probation officers |
| 1407 | and other terms and conditions as provided in s. 948.03. |
| 1408 | (10)(6) "Qualified practitioner" means a social worker, |
| 1409 | mental health counselor, or a marriage and family therapist |
| 1410 | licensed under chapter 491 who, as determined by rule of the |
| 1411 | respective board, has the coursework, training, qualifications, |
| 1412 | and experience to evaluate and treat sexual offenders; a |
| 1413 | psychiatrist licensed under chapter 458 or chapter 459; or, a |
| 1414 | psychologist licensed under chapter 490, or a social worker, a |
| 1415 | mental health counselor, or a marriage and family therapist |
| 1416 | licensed under chapter 491 who practices in accordance with his |
| 1417 | or her respective practice act. |
| 1418 | (11)(7) "Risk assessment" means an assessment completed by |
| 1419 | a an independent qualified practitioner to evaluate the level of |
| 1420 | risk associated when a sex offender has contact with a child. |
| 1421 | (12)(8) "Safety plan" means a written document prepared by |
| 1422 | the qualified practitioner, in collaboration with the sex |
| 1423 | offender, the child's parent or legal guardian, and, when |
| 1424 | appropriate, the child which establishes clear roles and |
| 1425 | responsibilities for each individual involved in any contact |
| 1426 | between the child and the sex offender. |
| 1427 | (13) "School" has the same meaning as provided in s. |
| 1428 | 775.215. |
| 1429 | (14)(10) "Sex offender probation" or "sex offender |
| 1430 | community control" means a form of intensive supervision, with |
| 1431 | or without electronic monitoring, which emphasizes treatment and |
| 1432 | supervision of a sex offender in accordance with an |
| 1433 | individualized treatment plan administered by an officer who has |
| 1434 | a restricted caseload and specialized training. An officer who |
| 1435 | supervises an offender placed on sex offender probation or sex |
| 1436 | offender community control must meet as necessary with a |
| 1437 | treatment provider and polygraph examiner to develop and |
| 1438 | implement the supervision and treatment plan, if a treatment |
| 1439 | provider and polygraph examiner specially trained in the |
| 1440 | treatment and monitoring of sex offenders are reasonably |
| 1441 | available. |
| 1442 | Section 11. Subsection (1) and paragraph (a) of subsection |
| 1443 | (2) of section 948.30, Florida Statutes, are amended, and |
| 1444 | subsection (4) is added to that section, to read: |
| 1445 | 948.30 Additional terms and conditions of probation or |
| 1446 | community control for certain sex offenses.-Conditions imposed |
| 1447 | pursuant to this section do not require oral pronouncement at |
| 1448 | the time of sentencing and shall be considered standard |
| 1449 | conditions of probation or community control for offenders |
| 1450 | specified in this section. |
| 1451 | (1) Effective for probationers or community controllees |
| 1452 | whose crime was committed on or after October 1, 1995, and who |
| 1453 | are placed under supervision for violation of chapter 794, s. |
| 1454 | 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court |
| 1455 | must impose the following conditions in addition to all other |
| 1456 | standard and special conditions imposed: |
| 1457 | (a) A mandatory curfew from 10 p.m. to 6 a.m. The court |
| 1458 | may designate another 8-hour period if the offender's employment |
| 1459 | precludes the above specified time, and the alternative is |
| 1460 | recommended by the Department of Corrections. If the court |
| 1461 | determines that imposing a curfew would endanger the victim, the |
| 1462 | court may consider alternative sanctions. |
| 1463 | (b) If the victim was under the age of 18, a prohibition |
| 1464 | on living within 1,000 feet of a school, child care facility day |
| 1465 | care center, park, playground, or other place where children |
| 1466 | regularly congregate, as prescribed by the court. The 1,000-foot |
| 1467 | distance shall be measured in a straight line from the |
| 1468 | offender's place of residence to the nearest boundary line of |
| 1469 | the school, child care facility day care center, park, |
| 1470 | playground, or other place where children congregate. The |
| 1471 | distance may not be measured by a pedestrian route or automobile |
| 1472 | route. A probationer or community controllee who is subject to |
| 1473 | this paragraph may not be forced to relocate and does not |
| 1474 | violate his or her probation or community control if he or she |
| 1475 | is living in a residence that meets the requirements of this |
| 1476 | paragraph and a school, child care facility, park, playground, |
| 1477 | or other place where children regularly congregate is |
| 1478 | subsequently established within 1,000 feet of his or her |
| 1479 | residence. |
| 1480 | (c) Active participation in and successful completion of a |
| 1481 | sex offender treatment program with qualified practitioners |
| 1482 | specifically trained to treat sex offenders, at the |
| 1483 | probationer's or community controllee's own expense. If a |
| 1484 | qualified practitioner is not available within a 50-mile radius |
| 1485 | of the probationer's or community controllee's residence, the |
| 1486 | offender shall participate in other appropriate therapy. |
| 1487 | (d) A prohibition on any contact with the victim, directly |
| 1488 | or indirectly, including through a third person, unless approved |
| 1489 | by the victim, a qualified practitioner in the sexual offender |
| 1490 | treatment program the offender's therapist, and the sentencing |
| 1491 | court. |
| 1492 | (e) If the victim was under the age of 18, a prohibition |
| 1493 | on contact with a child under the age of 18 except as provided |
| 1494 | in this paragraph. The court may approve supervised contact with |
| 1495 | a child under the age of 18 if the approval is based upon a |
| 1496 | recommendation for contact issued by a qualified practitioner |
| 1497 | who is basing the recommendation on a risk assessment. Further, |
| 1498 | the sex offender must be currently enrolled in or have |
| 1499 | successfully completed a sex offender therapy program. The court |
| 1500 | may not grant supervised contact with a child if the contact is |
| 1501 | not recommended by a qualified practitioner and may deny |
| 1502 | supervised contact with a child at any time. When considering |
| 1503 | whether to approve supervised contact with a child, the court |
| 1504 | must review and consider the following: |
| 1505 | 1. A risk assessment completed by a qualified |
| 1506 | practitioner. The qualified practitioner must prepare a written |
| 1507 | report that must include the findings of the assessment and |
| 1508 | address each of the following components: |
| 1509 | a. The sex offender's current legal status; |
| 1510 | b. The sex offender's history of adult charges with |
| 1511 | apparent sexual motivation; |
| 1512 | c. The sex offender's history of adult charges without |
| 1513 | apparent sexual motivation; |
| 1514 | d. The sex offender's history of juvenile charges, |
| 1515 | whenever available; |
| 1516 | e. The sex offender's offender treatment history, |
| 1517 | including consultations with the sex offender's treating, or |
| 1518 | most recent treating, therapist; |
| 1519 | f. The sex offender's current mental status; |
| 1520 | g. The sex offender's mental health and substance abuse |
| 1521 | treatment history as provided by the Department of Corrections; |
| 1522 | h. The sex offender's personal, social, educational, and |
| 1523 | work history; |
| 1524 | i. The results of current psychological testing of the sex |
| 1525 | offender if determined necessary by the qualified practitioner; |
| 1526 | j. A description of the proposed contact, including the |
| 1527 | location, frequency, duration, and supervisory arrangement; |
| 1528 | k. The child's preference and relative comfort level with |
| 1529 | the proposed contact, when age appropriate; |
| 1530 | l. The parent's or legal guardian's preference regarding |
| 1531 | the proposed contact; and |
| 1532 | m. The qualified practitioner's opinion, along with the |
| 1533 | basis for that opinion, as to whether the proposed contact would |
| 1534 | likely pose significant risk of emotional or physical harm to |
| 1535 | the child. |
| 1536 |
|
| 1537 | The written report of the assessment must be given to the court; |
| 1538 | 2. A recommendation made as a part of the risk assessment |
| 1539 | report as to whether supervised contact with the child should be |
| 1540 | approved; |
| 1541 | 3. A written consent signed by the child's parent or legal |
| 1542 | guardian, if the parent or legal guardian is not the sex |
| 1543 | offender, agreeing to the sex offender having supervised contact |
| 1544 | with the child after receiving full disclosure of the sex |
| 1545 | offender's present legal status, past criminal history, and the |
| 1546 | results of the risk assessment. The court may not approve |
| 1547 | contact with the child if the parent or legal guardian refuses |
| 1548 | to give written consent for supervised contact; |
| 1549 | 4. A safety plan prepared by the qualified practitioner, |
| 1550 | who provides treatment to the offender, in collaboration with |
| 1551 | the sex offender, the child's parent or legal guardian, if the |
| 1552 | parent or legal guardian is not the sex offender, and the child, |
| 1553 | when age appropriate, which details the acceptable conditions of |
| 1554 | contact between the sex offender and the child. The safety plan |
| 1555 | must be reviewed and approved by the court; and |
| 1556 | 5. Evidence that the child's parent or legal guardian |
| 1557 | understands the need for and agrees to the safety plan and has |
| 1558 | agreed to provide, or to designate another adult to provide, |
| 1559 | constant supervision any time the child is in contact with the |
| 1560 | offender. |
| 1561 |
|
| 1562 | The court may not appoint a person to conduct a risk assessment |
| 1563 | and may not accept a risk assessment from a person who has not |
| 1564 | demonstrated to the court that he or she has met the |
| 1565 | requirements of a qualified practitioner as defined in this |
| 1566 | section. |
| 1567 | (f) If the victim was under age 18, a prohibition on |
| 1568 | working for pay or as a volunteer at any place where children |
| 1569 | regularly congregate, including, but not limited to, schools, |
| 1570 | child care facilities day care centers, parks, playgrounds, pet |
| 1571 | stores, libraries, zoos, theme parks, and malls. |
| 1572 | (g) Unless otherwise indicated in the treatment plan |
| 1573 | provided by a qualified practitioner in the sexual offender |
| 1574 | treatment program, a prohibition on viewing, accessing, owning, |
| 1575 | or possessing any obscene, pornographic, or sexually stimulating |
| 1576 | visual or auditory material, including telephone, electronic |
| 1577 | media, computer programs, or computer services that are relevant |
| 1578 | to the offender's deviant behavior pattern. |
| 1579 | (h) Effective for probationers and community controllees |
| 1580 | whose crime is committed on or after July 1, 2005, a prohibition |
| 1581 | on accessing the Internet or other computer services until a |
| 1582 | qualified practitioner in the offender's sex offender treatment |
| 1583 | program, after a risk assessment is completed, approves and |
| 1584 | implements a safety plan for the offender's accessing or using |
| 1585 | the Internet or other computer services. |
| 1586 | (i) A requirement that the probationer or community |
| 1587 | controllee must submit a specimen of blood or other approved |
| 1588 | biological specimen to the Department of Law Enforcement to be |
| 1589 | registered with the DNA data bank. |
| 1590 | (j) A requirement that the probationer or community |
| 1591 | controllee make restitution to the victim, as ordered by the |
| 1592 | court under s. 775.089, for all necessary medical and related |
| 1593 | professional services relating to physical, psychiatric, and |
| 1594 | psychological care. |
| 1595 | (k) Submission to a warrantless search by the community |
| 1596 | control or probation officer of the probationer's or community |
| 1597 | controllee's person, residence, or vehicle. |
| 1598 | (2) Effective for a probationer or community controllee |
| 1599 | whose crime was committed on or after October 1, 1997, and who |
| 1600 | is placed on community control or sex offender probation for a |
| 1601 | violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), |
| 1602 | or s. 847.0145, in addition to any other provision of this |
| 1603 | section, the court must impose the following conditions of |
| 1604 | probation or community control: |
| 1605 | (a) As part of a treatment program, participation at least |
| 1606 | annually in polygraph examinations to obtain information |
| 1607 | necessary for risk management and treatment and to reduce the |
| 1608 | sex offender's denial mechanisms. A polygraph examination must |
| 1609 | be conducted by a polygrapher who is a member of a national or |
| 1610 | state polygraph association and who is certified as a |
| 1611 | postconviction sex offender polygrapher trained specifically in |
| 1612 | the use of the polygraph for the monitoring of sex offenders, |
| 1613 | where available, and shall be paid for by the probationer or |
| 1614 | community controllee sex offender. The results of the polygraph |
| 1615 | examination shall be provided to the probationer's or community |
| 1616 | controllee's probation officer and qualified practitioner and |
| 1617 | shall not be used as evidence in court to prove that a violation |
| 1618 | of community supervision has occurred. |
| 1619 | (4) In addition to all other conditions imposed, for a |
| 1620 | probationer or community controllee who is subject to |
| 1621 | supervision for a crime that was committed on or after the |
| 1622 | effective date of this act, and who has been convicted at any |
| 1623 | time of committing, or attempting, soliciting, or conspiring to |
| 1624 | commit, any of the criminal offenses listed in s. |
| 1625 | 943.0435(1)(a)1.a.(I), or a similar offense in another |
| 1626 | jurisdiction, against a victim who was under the age of 18 at |
| 1627 | the time of the offense; if the offender has not received a |
| 1628 | pardon for any felony or similar law of another jurisdiction |
| 1629 | necessary for the operation of this subsection, if a conviction |
| 1630 | of a felony or similar law of another jurisdiction necessary for |
| 1631 | the operation of this subsection has not been set aside in any |
| 1632 | postconviction proceeding, or if the offender has not been |
| 1633 | removed from the requirement to register as a sexual offender or |
| 1634 | sexual predator pursuant to s. 943.04354, the court must impose |
| 1635 | the following conditions: |
| 1636 | (a) A prohibition on visiting schools, child care |
| 1637 | facilities, parks, and playgrounds, without prior approval from |
| 1638 | the offender's supervising officer. The court may also designate |
| 1639 | additional locations to protect a victim. The prohibition |
| 1640 | ordered under this paragraph does not prohibit the offender from |
| 1641 | visiting a school, child care facility, park, or playground for |
| 1642 | the sole purpose of attending a religious service as defined in |
| 1643 | s. 775.0861 or picking up or dropping off the offender's |
| 1644 | children or grandchildren at a child care facility or school. |
| 1645 | (b) A prohibition on distributing candy or other items to |
| 1646 | children on Halloween; wearing a Santa Claus costume, or other |
| 1647 | costume to appeal to children, on or preceding Christmas; |
| 1648 | wearing an Easter Bunny costume, or other costume to appeal to |
| 1649 | children, on or preceding Easter; entertaining at children's |
| 1650 | parties; or wearing a clown costume; without prior approval from |
| 1651 | the court. |
| 1652 | Section 12. Section 948.31, Florida Statutes, is amended |
| 1653 | to read: |
| 1654 | 948.31 Diagnosis, Evaluation, and treatment of sexual |
| 1655 | predators and offenders placed on probation or community control |
| 1656 | for certain sex offenses or child exploitation.-The court shall |
| 1657 | require an a diagnosis and evaluation by a qualified |
| 1658 | practitioner to determine the need of a probationer or community |
| 1659 | controlee offender in community control for treatment. If the |
| 1660 | court determines that a need therefor is established by the such |
| 1661 | diagnosis and evaluation process, the court shall require sexual |
| 1662 | offender treatment outpatient counseling as a term or condition |
| 1663 | of probation or community control for any person who is required |
| 1664 | to register as a sexual predator under s. 775.21 or sexual |
| 1665 | offender under s. 943.0435, s. 944.606, or s. 944.607. was found |
| 1666 | guilty of any of the following, or whose plea of guilty or nolo |
| 1667 | contendere to any of the following was accepted by the court: |
| 1668 | (1) Lewd or lascivious battery, lewd or lascivious |
| 1669 | molestation, lewd or lascivious conduct, or lewd or lascivious |
| 1670 | exhibition, as defined in s. 800.04 or s. 847.0135(5). |
| 1671 | (2) Sexual battery, as defined in chapter 794, against a |
| 1672 | child. |
| 1673 | (3) Exploitation of a child as provided in s. 450.151, or |
| 1674 | for prostitution. |
| 1675 |
|
| 1676 | Such treatment counseling shall be required to be obtained from |
| 1677 | a qualified practitioner as defined in s. 948.001. Treatment may |
| 1678 | not be administered by a qualified practitioner who has been |
| 1679 | convicted or adjudicated delinquent of committing, or |
| 1680 | attempting, soliciting, or conspiring to commit, any offense |
| 1681 | that is listed in s. 943.0435(1)(a)1.a.(I). The court shall |
| 1682 | impose a restriction against contact with minors if sexual |
| 1683 | offender treatment is recommended a community mental health |
| 1684 | center, a recognized social service agency providing mental |
| 1685 | health services, or a private mental health professional or |
| 1686 | through other professional counseling. The evaluation and |
| 1687 | recommendations plan for treatment of counseling for the |
| 1688 | probationer or community controlee individual shall be provided |
| 1689 | to the court for review. |
| 1690 | Section 13. Paragraph (a) of subsection (3) of section |
| 1691 | 985.481, Florida Statutes, is amended to read: |
| 1692 | 985.481 Sexual offenders adjudicated delinquent; |
| 1693 | notification upon release.- |
| 1694 | (3)(a) The department must provide information regarding |
| 1695 | any sexual offender who is being released after serving a period |
| 1696 | of residential commitment under the department for any offense, |
| 1697 | as follows: |
| 1698 | 1. The department must provide the sexual offender's name, |
| 1699 | any change in the offender's name by reason of marriage or other |
| 1700 | legal process, and any alias, if known; the correctional |
| 1701 | facility from which the sexual offender is released; the sexual |
| 1702 | offender's social security number, race, sex, date of birth, |
| 1703 | height, weight, and hair and eye color; address of any planned |
| 1704 | permanent residence or temporary residence, within the state or |
| 1705 | out of state, including a rural route address and a post office |
| 1706 | box; if no permanent or temporary address, any transient |
| 1707 | residence within the state; address, location or description, |
| 1708 | and dates of any known future temporary residence within the |
| 1709 | state or out of state; date and county of disposition and each |
| 1710 | crime for which there was a disposition; a copy of the |
| 1711 | offender's fingerprints and a digitized photograph taken within |
| 1712 | 60 days before release; the date of release of the sexual |
| 1713 | offender; and home telephone number and any cellular telephone |
| 1714 | number; and the offender's intended residence address, if known. |
| 1715 | The department shall notify the Department of Law Enforcement if |
| 1716 | the sexual offender escapes, absconds, or dies. If the sexual |
| 1717 | offender is in the custody of a private correctional facility, |
| 1718 | the facility shall take the digitized photograph of the sexual |
| 1719 | offender within 60 days before the sexual offender's release and |
| 1720 | also place it in the sexual offender's file. If the sexual |
| 1721 | offender is in the custody of a local jail, the custodian of the |
| 1722 | local jail shall register the offender within 3 business days |
| 1723 | after intake of the offender for any reason and upon release, |
| 1724 | and shall notify the Department of Law Enforcement of the sexual |
| 1725 | offender's release and provide to the Department of Law |
| 1726 | Enforcement the information specified in this subparagraph and |
| 1727 | any information specified in subparagraph 2. which the |
| 1728 | Department of Law Enforcement requests. |
| 1729 | 2. The department may provide any other information |
| 1730 | considered necessary, including criminal and delinquency |
| 1731 | records, when available. |
| 1732 | Section 14. Paragraph (a) of subsection (4), paragraph (a) |
| 1733 | of subsection (6), and paragraph (b) of subsection (13) of |
| 1734 | section 985.4815, Florida Statutes, are amended to read: |
| 1735 | 985.4815 Notification to Department of Law Enforcement of |
| 1736 | information on juvenile sexual offenders.- |
| 1737 | (4) A sexual offender, as described in this section, who |
| 1738 | is under the supervision of the department but who is not |
| 1739 | committed must register with the department within 3 business |
| 1740 | days after adjudication and disposition for a registrable |
| 1741 | offense and otherwise provide information as required by this |
| 1742 | subsection. |
| 1743 | (a) The sexual offender shall provide his or her name; |
| 1744 | date of birth; social security number; race; sex; height; |
| 1745 | weight; hair and eye color; tattoos or other identifying marks; |
| 1746 | and permanent or legal residence and address of temporary |
| 1747 | residence within the state or out of state while the sexual |
| 1748 | offender is in the care or custody or under the jurisdiction or |
| 1749 | supervision of the department in this state, including any rural |
| 1750 | route address or post office box; if no permanent or temporary |
| 1751 | address, any transient residence; address, location or |
| 1752 | description, and dates of any current or known future temporary |
| 1753 | residence within the state or out of state;, and the name and |
| 1754 | address of each school attended. The department shall verify the |
| 1755 | address of each sexual offender and shall report to the |
| 1756 | Department of Law Enforcement any failure by a sexual offender |
| 1757 | to comply with registration requirements. |
| 1758 | (6)(a) The information provided to the Department of Law |
| 1759 | Enforcement must include the following: |
| 1760 | 1. The information obtained from the sexual offender under |
| 1761 | subsection (4). |
| 1762 | 2. The sexual offender's most current address and place of |
| 1763 | permanent, or temporary, or transient residence within the state |
| 1764 | or out of state, and address, location or description, and dates |
| 1765 | of any current or known future temporary residence within the |
| 1766 | state or out of state, while the sexual offender is in the care |
| 1767 | or custody or under the jurisdiction or supervision of the |
| 1768 | department in this state, including the name of the county or |
| 1769 | municipality in which the offender permanently or temporarily |
| 1770 | resides, or has a transient residence, and address, location or |
| 1771 | description, and dates of any current or known future temporary |
| 1772 | residence within the state or out of state; and, if known, the |
| 1773 | intended place of permanent, or temporary, or transient |
| 1774 | residence, and address, location or description, and dates of |
| 1775 | any current or known future temporary residence within the state |
| 1776 | or out of state upon satisfaction of all sanctions. |
| 1777 | 3. The legal status of the sexual offender and the |
| 1778 | scheduled termination date of that legal status. |
| 1779 | 4. The location of, and local telephone number for, any |
| 1780 | department office that is responsible for supervising the sexual |
| 1781 | offender. |
| 1782 | 5. An indication of whether the victim of the offense that |
| 1783 | resulted in the offender's status as a sexual offender was a |
| 1784 | minor. |
| 1785 | 6. The offense or offenses at adjudication and disposition |
| 1786 | that resulted in the determination of the offender's status as a |
| 1787 | sex offender. |
| 1788 | 7. A digitized photograph of the sexual offender, which |
| 1789 | must have been taken within 60 days before the offender was |
| 1790 | released from the custody of the department or a private |
| 1791 | correctional facility by expiration of sentence under s. |
| 1792 | 944.275, or within 60 days after the onset of the department's |
| 1793 | supervision of any sexual offender who is on probation, |
| 1794 | postcommitment probation, residential commitment, nonresidential |
| 1795 | commitment, licensed child-caring commitment, community control, |
| 1796 | conditional release, parole, provisional release, or control |
| 1797 | release or who is supervised by the department under the |
| 1798 | Interstate Compact Agreement for Probationers and Parolees. If |
| 1799 | the sexual offender is in the custody of a private correctional |
| 1800 | facility, the facility shall take a digitized photograph of the |
| 1801 | sexual offender within the time period provided in this |
| 1802 | subparagraph and shall provide the photograph to the department. |
| 1803 | (13) |
| 1804 | (b) The sheriff's office may determine the appropriate |
| 1805 | times and days for reporting by the sexual offender, which shall |
| 1806 | be consistent with the reporting requirements of this |
| 1807 | subsection. Reregistration shall include any changes to the |
| 1808 | following information: |
| 1809 | 1. Name; social security number; age; race; sex; date of |
| 1810 | birth; height; weight; hair and eye color; address of any |
| 1811 | permanent residence and address of any current temporary |
| 1812 | residence, within the state or out of state, including a rural |
| 1813 | route address and a post office box; if no permanent or |
| 1814 | temporary address, any transient residence; address, location or |
| 1815 | description, and dates of any current or known future temporary |
| 1816 | residence within the state or out of state; name and address of |
| 1817 | each school attended; date and place of any employment; vehicle |
| 1818 | make, model, color, and license tag number; fingerprints; and |
| 1819 | photograph. A post office box shall not be provided in lieu of a |
| 1820 | physical residential address. |
| 1821 | 2. If the sexual offender is enrolled, employed, or |
| 1822 | carrying on a vocation at an institution of higher education in |
| 1823 | this state, the sexual offender shall also provide to the |
| 1824 | department the name, address, and county of each institution, |
| 1825 | including each campus attended, and the sexual offender's |
| 1826 | enrollment or employment status. |
| 1827 | 3. If the sexual offender's place of residence is a motor |
| 1828 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 1829 | in chapter 320, the sexual offender shall also provide the |
| 1830 | vehicle identification number; the license tag number; the |
| 1831 | registration number; and a description, including color scheme, |
| 1832 | of the motor vehicle, trailer, mobile home, or manufactured |
| 1833 | home. If the sexual offender's place of residence is a vessel, |
| 1834 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 1835 | sexual offender shall also provide the hull identification |
| 1836 | number; the manufacturer's serial number; the name of the |
| 1837 | vessel, live-aboard vessel, or houseboat; the registration |
| 1838 | number; and a description, including color scheme, of the |
| 1839 | vessel, live-aboard vessel, or houseboat. |
| 1840 | 4. Any sexual offender who fails to report in person as |
| 1841 | required at the sheriff's office, or who fails to respond to any |
| 1842 | address verification correspondence from the department within 3 |
| 1843 | weeks after the date of the correspondence, commits a felony of |
| 1844 | the third degree, punishable as provided in ss. 775.082, |
| 1845 | 775.083, and 775.084. |
| 1846 | Section 15. The Legislature intends that nothing in this |
| 1847 | act reduce or diminish a court's jurisdiction. |
| 1848 | Section 16. If any provision of this act or its |
| 1849 | application to any person or circumstance is held invalid, the |
| 1850 | invalidity does not affect other provisions or applications of |
| 1851 | this act which can be given effect without the invalid provision |
| 1852 | or application, and to this end the provisions of this act are |
| 1853 | declared severable. |
| 1854 | Section 17. The Division of Statutory Revision is directed |
| 1855 | to replace the phrase "the effective date of this act" wherever |
| 1856 | it occurs in this act with the date this act becomes a law. |
| 1857 | Section 18. This act shall take effect upon becoming a |
| 1858 | law. |