HB 1277

1	A bill to be entitled
2	An act relating to sexual offenders and predators;
3	amending s. 775.21, F.S.; replacing the definition of the
4	term "instant message name" with the definition of the
5	term "Internet identifier"; conforming provisions;
6	providing that a sexual predator is not in violation of
7	specified reporting provisions if he or she reports an
8	address or location change to the local sheriff's office
9	within a specified period of such change with proof that
10	he or she also promptly reported such information to the
11	Department of Highway Safety and Motor Vehicles; creating
12	s. 847.0141, F.S.; prohibiting a minor's use of an
13	electronic communication device to transmit, distribute,
14	or display a visual depiction of himself or herself that
15	depicts nudity and is harmful to minors; providing
16	penalties; prohibiting a minor's intentional or knowing
17	possession of a visual depiction of another minor that
18	depicts nudity and is harmful to minors; providing an
19	exception; providing penalties; providing duties for law
20	enforcement officers; providing for prosecution of a minor
21	under other provisions; amending s. 943.0435, F.S.;
22	revising the definition of the term "sexual offender" to
23	include additional offenses and persons released for
24	sanctions for certain offenses after a specified date;
25	replacing the definition of the term "instant message
26	name" with the definition of the term "Internet
27	identifier"; conforming provisions; providing that a
28	sexual offender is not in violation of specified reporting
29	provisions if he or she reports an address or location
30	change to the local sheriff's office within a specified
31	period of such change with proof that he or she also
32	promptly reported such information to the Department of
33	Highway Safety and Motor Vehicles; providing additional
34	requirements for offenders intending to reside outside of
35	the United States; amending s. 943.04351, F.S.; requiring
36	a specified national search of registration information
37	regarding sexual predators and sexual offenders prior to
38	appointment or employment of persons by state agencies and
39	governmental subdivisions; creating s. 943.04355, F.S.;
40	allowing persons required to register as sexual offenders
41	or sexual predators who were under a specified age when
42	they committed the act giving rise to the requirements to
43	petition for the removal of the obligation for
44	registration or for an exemption from community and public
45	notification; providing eligibility requirements;
46	providing duties of state attorneys; providing
47	requirements for a subsequent petition if a petition is
48	denied; providing a definition; providing duties for the
49	Department of Law Enforcement if a petition is granted;
50	providing for an order for nonpublic registration for a
51	juvenile sexual offender at any time if certain conditions
52	are met; providing for revocation of such an order for
53	nonpublic registration; amending s. 943.0437, F.S.;
54	replacing the definition of the term "instant message
55	name" with the definition of the term "Internet
56	identifier"; conforming provisions; amending ss. 944.606
57	and 944.607, F.S.; revising the definition of the term
58	"sexual offender" to include additional offenses and
59	persons released for sanctions for certain offenses after
60	a specified date; replacing the definition of the term
61	"instant message name" with the definition of the term
62	"Internet identifier"; conforming provisions; amending s.
63	947.005, F.S.; revising the definition of the term "risk
64	assessment"; amending s. 948.31, F.S.; providing that
65	conditions imposed under that section do not require oral
66	pronouncement at the time of sentencing and shall be
67	considered standard conditions of probation or community
68	control for certain offenders; providing severability;
69	providing an effective date.
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1.  Paragraph (i) of subsection (2), paragraphs
74	(a), (e), and (g) of subsection (6), paragraph (a) of subsection
75	(8), and paragraph (a) of subsection (10) of section 775.21,
76	Florida Statutes, are amended to read:
77	775.21  The Florida Sexual Predators Act.-
78	(2)  DEFINITIONS.-As used in this section, the term:
79	(i)  "Internet identifier Instant message name" means any
80	electronic mail, chat, instant messenger, social networking, or
81	similar name used for Internet communication, but does not
82	include a date of birth, social security number, or PIN number
83	an identifier that allows a person to communicate in real time
84	with another person using the Internet.
85	(6)  REGISTRATION.-
86	(a)  A sexual predator must register with the department
87	through the sheriff's office by providing the following
88	information to the department:
89	1.  Name; social security number; age; race; sex; date of
90	birth; height; weight; hair and eye color; photograph; address
91	of legal residence and address of any current temporary
92	residence, within the state or out of state, including a rural
93	route address and a post office box; if no permanent or
94	temporary address, any transient residence within the state;
95	address, location or description, and dates of any current or
96	known future temporary residence within the state or out of
97	state; any electronic mail address and any Internet identifier
98	instant message name required to be provided pursuant to
99	subparagraph (g)4.; home telephone number and any cellular
100	telephone number; date and place of any employment; date and
101	place of each conviction; fingerprints; and a brief description
102	of the crime or crimes committed by the offender. A post office
103	box shall not be provided in lieu of a physical residential
104	address.
105	a.  If the sexual predator's place of residence is a motor
106	vehicle, trailer, mobile home, or manufactured home, as defined
107	in chapter 320, the sexual predator shall also provide to the
108	department written notice of the vehicle identification number;
109	the license tag number; the registration number; and a
110	description, including color scheme, of the motor vehicle,
111	trailer, mobile home, or manufactured home. If a sexual
112	predator's place of residence is a vessel, live-aboard vessel,
113	or houseboat, as defined in chapter 327, the sexual predator
114	shall also provide to the department written notice of the hull
115	identification number; the manufacturer's serial number; the
116	name of the vessel, live-aboard vessel, or houseboat; the
117	registration number; and a description, including color scheme,
118	of the vessel, live-aboard vessel, or houseboat.
119	b.  If the sexual predator is enrolled, employed, or
120	carrying on a vocation at an institution of higher education in
121	this state, the sexual predator shall also provide to the
122	department the name, address, and county of each institution,
123	including each campus attended, and the sexual predator's
124	enrollment or employment status. Each change in enrollment or
125	employment status shall be reported in person at the sheriff's
126	office, or the Department of Corrections if the sexual predator
127	is in the custody or control of or under the supervision of the
128	Department of Corrections, within 48 hours after any change in
129	status. The sheriff or the Department of Corrections shall
130	promptly notify each institution of the sexual predator's
131	presence and any change in the sexual predator's enrollment or
132	employment status.
133	2.  Any other information determined necessary by the
134	department, including criminal and corrections records;
135	nonprivileged personnel and treatment records; and evidentiary
136	genetic markers when available.
137	(e)1.  If the sexual predator is not in the custody or
138	control of, or under the supervision of, the Department of
139	Corrections or is not in the custody of a private correctional
140	facility, the sexual predator shall register in person:
141	a.  At the sheriff's office in the county where he or she
142	establishes or maintains a residence within 48 hours after
143	establishing or maintaining a residence in this state; and
144	b.  At the sheriff's office in the county where he or she
145	was designated a sexual predator by the court within 48 hours
146	after such finding is made.
147	2.  Any change in the sexual predator's permanent or
148	temporary residence, name, or any electronic mail address and
149	any Internet identifier instant message name required to be
150	provided pursuant to subparagraph (g)4., after the sexual
151	predator registers in person at the sheriff's office as provided
152	in subparagraph 1., shall be accomplished in the manner provided
153	in paragraphs (g), (i), and (j). When a sexual predator
154	registers with the sheriff's office, the sheriff shall take a
155	photograph and a set of fingerprints of the predator and forward
156	the photographs and fingerprints to the department, along with
157	the information that the predator is required to provide
158	pursuant to this section.
159	(g)1.  Each time a sexual predator's driver's license or
160	identification card is subject to renewal, and, without regard
161	to the status of the predator's driver's license or
162	identification card, within 48 hours after any change of the
163	predator's residence or change in the predator's name by reason
164	of marriage or other legal process, the predator shall report in
165	person to a driver's license office and shall be subject to the
166	requirements specified in paragraph (f). The Department of
167	Highway Safety and Motor Vehicles shall forward to the
168	department and to the Department of Corrections all photographs
169	and information provided by sexual predators. Notwithstanding
170	the restrictions set forth in s. 322.142, the Department of
171	Highway Safety and Motor Vehicles is authorized to release a
172	reproduction of a color-photograph or digital-image license to
173	the Department of Law Enforcement for purposes of public
174	notification of sexual predators as provided in this section. A
175	sexual predator is not in violation of this paragraph if he or
176	she reports an address or location change to the local sheriff's
177	office within 48 hours after such change with proof that he or
178	she also promptly reported such information to the Department of
179	Highway Safety and Motor Vehicles.
180	2.  A sexual predator who vacates a permanent, temporary,
181	or transient residence and fails to establish or maintain
182	another permanent, temporary, or transient residence shall,
183	within 48 hours after vacating the permanent, temporary, or
184	transient residence, report in person to the sheriff's office of
185	the county in which he or she is located. The sexual predator
186	shall specify the date upon which he or she intends to or did
187	vacate such residence. The sexual predator must provide or
188	update all of the registration information required under
189	paragraph (a). The sexual predator must provide an address for
190	the residence or other place that he or she is or will be
191	located during the time in which he or she fails to establish or
192	maintain a permanent or temporary residence.
193	3.  A sexual predator who remains at a permanent,
194	temporary, or transient residence after reporting his or her
195	intent to vacate such residence shall, within 48 hours after the
196	date upon which the predator indicated he or she would or did
197	vacate such residence, report in person to the sheriff's office
198	to which he or she reported pursuant to subparagraph 2. for the
199	purpose of reporting his or her address at such residence. When
200	the sheriff receives the report, the sheriff shall promptly
201	convey the information to the department. An offender who makes
202	a report as required under subparagraph 2. but fails to make a
203	report as required under this subparagraph commits a felony of
204	the second degree, punishable as provided in s. 775.082, s.
205	775.083, or s. 775.084.
206	4.  A sexual predator must register any electronic mail
207	address or Internet identifier instant message name with the
208	department prior to using such electronic mail address or
209	Internet identifier instant message name on or after October 1,
210	2007. The department shall establish an online system through
211	which sexual predators may securely access and update all
212	electronic mail address and Internet identifier instant message
213	name information.
214	(8)  VERIFICATION.-The department and the Department of
215	Corrections shall implement a system for verifying the addresses
216	of sexual predators. The system must be consistent with the
217	provisions of the federal Adam Walsh Child Protection and Safety
218	Act of 2006 and any other federal standards applicable to such
219	verification or required to be met as a condition for the
220	receipt of federal funds by the state. The Department of
221	Corrections shall verify the addresses of sexual predators who
222	are not incarcerated but who reside in the community under the
223	supervision of the Department of Corrections and shall report to
224	the department any failure by a sexual predator to comply with
225	registration requirements. County and local law enforcement
226	agencies, in conjunction with the department, shall verify the
227	addresses of sexual predators who are not under the care,
228	custody, control, or supervision of the Department of
229	Corrections. Local law enforcement agencies shall report to the
230	department any failure by a sexual predator to comply with
231	registration requirements.
232	(a)  A sexual predator must report in person each year
233	during the month of the sexual predator's birthday and during
234	every third month thereafter to the sheriff's office in the
235	county in which he or she resides or is otherwise located to
236	reregister. The sheriff's office may determine the appropriate
237	times and days for reporting by the sexual predator, which shall
238	be consistent with the reporting requirements of this paragraph.
239	Reregistration shall include any changes to the following
240	information:
241	1.  Name; social security number; age; race; sex; date of
242	birth; height; weight; hair and eye color; address of any
243	permanent residence and address of any current temporary
244	residence, within the state or out of state, including a rural
245	route address and a post office box; if no permanent or
246	temporary address, any transient residence within the state;
247	address, location or description, and dates of any current or
248	known future temporary residence within the state or out of
249	state; any electronic mail address and any Internet identifier
250	instant message name required to be provided pursuant to
251	subparagraph (6)(g)4.; home telephone number and any cellular
252	telephone number; date and place of any employment; vehicle
253	make, model, color, and license tag number; fingerprints; and
254	photograph. A post office box shall not be provided in lieu of a
255	physical residential address.
256	2.  If the sexual predator is enrolled, employed, or
257	carrying on a vocation at an institution of higher education in
258	this state, the sexual predator shall also provide to the
259	department the name, address, and county of each institution,
260	including each campus attended, and the sexual predator's
261	enrollment or employment status.
262	3.  If the sexual predator's place of residence is a motor
263	vehicle, trailer, mobile home, or manufactured home, as defined
264	in chapter 320, the sexual predator shall also provide the
265	vehicle identification number; the license tag number; the
266	registration number; and a description, including color scheme,
267	of the motor vehicle, trailer, mobile home, or manufactured
268	home. If the sexual predator's place of residence is a vessel,
269	live-aboard vessel, or houseboat, as defined in chapter 327, the
270	sexual predator shall also provide the hull identification
271	number; the manufacturer's serial number; the name of the
272	vessel, live-aboard vessel, or houseboat; the registration
273	number; and a description, including color scheme, of the
274	vessel, live-aboard vessel, or houseboat.
275	(10)  PENALTIES.-
276	(a)  Except as otherwise specifically provided, a sexual
277	predator who fails to register; who fails, after registration,
278	to maintain, acquire, or renew a driver's license or
279	identification card; who fails to provide required location
280	information, electronic mail address information, Internet
281	identifier instant message name information, home telephone
282	number and any cellular telephone number, or change-of-name
283	information; who fails to make a required report in connection
284	with vacating a permanent residence; who fails to reregister as
285	required; who fails to respond to any address verification
286	correspondence from the department within 3 weeks of the date of
287	the correspondence; or who otherwise fails, by act or omission,
288	to comply with the requirements of this section, commits a
289	felony of the third degree, punishable as provided in s.
290	775.082, s. 775.083, or s. 775.084.
291	Section 2.  Section 847.0141, Florida Statutes, is created
292	to read:
293	847.0141  Unlawful electronic communication between minors;
294	possession of visual depiction of another minor.-
295	(1)  It is unlawful for a minor to intentionally or
296	knowingly use an electronic communication device to transmit,
297	distribute, or display a visual depiction of himself or herself
298	that depicts nudity and is harmful to minors.
299	(2)(a)  It is unlawful for a minor to intentionally or
300	knowingly posses a visual depiction of another minor that
301	depicts nudity and is harmful to minors.
302	(b)  A minor does not violate paragraph (a) if all of the
303	following apply:
304	1.  The minor did not solicit the visual depiction.
305	2.  The minor took reasonable steps to destroy or eliminate
306	the visual depiction or report the visual depiction to the
307	minor's parent or guardian or to a school or law enforcement
308	official.
309	3.  The minor did not transmit or distribute the visual
310	depiction to a third party.
311	(3)  A minor who violates subsection (1) or subsection (2):
312	(a)  Commits a noncriminal violation for a first violation,
313	punishable by 8 hours of community service or, if ordered by the
314	court in lieu of community service, a $60 fine. The court may
315	also order suitable training concerning such offenses and may
316	prohibit the use or possession of electronic devices, which may
317	include, but are not limited to, cellular telephones, cameras,
318	computers, or other electronic media devices. The court shall
319	order the confiscation of such unlawful material and authorize
320	the law enforcement agency in which the material is held to
321	destroy the unlawful material.
322	(b)  Commits a misdemeanor of the second degree for a
323	violation that occurs after being found to have committed a
324	noncriminal violation under paragraph (a), punishable as
325	provided in s. 775.082 or s. 775.083. The court must order
326	suitable training concerning such offenses and prohibit the use
327	or possession of electronic communication devices, which may
328	include, but are not limited to, cellular telephones, cameras,
329	computers, or other electronic media devices. The court shall
330	order the confiscation of such unlawful material and authorize
331	the law enforcement agency in which the material is held to
332	destroy the unlawful material.
333	(c)  Commits a misdemeanor of the first degree for a
334	violation that occurs after being found to have committed a
335	misdemeanor of the second degree under paragraph (b), punishable
336	as provided in s. 775.082 or s. 775.083. The court must order
337	suitable training concerning such offenses or, if ordered by the
338	court in lieu of training, counseling and prohibit the use or
339	possession of electronic devices, which may include, but are not
340	limited to, cellular telephones, cameras, computers, or other
341	electronic media devices. The court shall order confiscation of
342	such unlawful material and authorize the law enforcement agency
343	in which the material is held to destroy the unlawful material.
344	(d)  Commits a felony of the third degree for a violation
345	that occurs after being found to have committed a misdemeanor of
346	the first degree under paragraph (c), punishable as provided in
347	s. 775.082, s. 775.083, or s. 775.084. The court must order a
348	mental health evaluation by a qualified practitioner, as defined
349	in s. 948.001, and treatment, if recommended by the
350	practitioner. The court shall order confiscation of such
351	unlawful material and authorize the law enforcement agency in
352	which the material is held to destroy the unlawful material.
353	(4)  Whenever any law enforcement officer arrests any
354	person charged with any offense under this section, the officer
355	shall seize the prohibited material and take the material into
356	his or her custody to await the sentence of the court upon the
357	trial of the offender.
358	(5)  This section does not prohibit the prosecution of a
359	minor for a violation of any law of this state if the electronic
360	communication includes the depiction of sexual conduct or sexual
361	excitement and does not prohibit the prosecution of a minor for
362	stalking under s. 784.048.
363	Section 3.  Paragraphs (a) and (g) of subsection (1),
364	subsection (2), paragraphs (a) and (d) of subsection (4),
365	subsection (7), and paragraph (c) of subsection (14) of section
366	943.0435, Florida Statutes, are amended to read:
367	943.0435  Sexual offenders required to register with the
368	department; penalty.-
369	(1)  As used in this section, the term:
370	(a)1.  "Sexual offender" means a person who meets the
371	criteria in sub-subparagraph a., sub-subparagraph b., sub-
372	subparagraph c., or sub-subparagraph d., or sub-subparagraph e.,
373	as follows:
374	a.(I)  Has been convicted of committing, or attempting,
375	soliciting, or conspiring to commit, any of the criminal
376	offenses proscribed in the following statutes in this state or
377	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
378	or s. 787.025(2)(c), where the victim is a minor and the
379	defendant is not the victim's parent or guardian; s. 794.011,
380	excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
381	800.04; s. 825.1025; s. 826.04 where the victim is a minor and
382	the defendant is 18 years of age or older; s. 827.071; s.
383	847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
384	847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
385	committed in this state which has been redesignated from a
386	former statute number to one of those listed in this sub-sub-
387	subparagraph; and
388	(II)  Has been released on or after October 1, 1997, from
389	the sanction imposed for any conviction of an offense described
390	in sub-sub-subparagraph (I). For purposes of sub-sub-
391	subparagraph (I), a sanction imposed in this state or in any
392	other jurisdiction includes, but is not limited to, a fine,
393	probation, community control, parole, conditional release,
394	control release, or incarceration in a state prison, federal
395	prison, private correctional facility, or local detention
396	facility;
397	b.  Establishes or maintains a residence in this state and
398	who has not been designated as a sexual predator by a court of
399	this state but who has been designated as a sexual predator, as
400	a sexually violent predator, or by another sexual offender
401	designation in another state or jurisdiction and was, as a
402	result of such designation, subjected to registration or
403	community or public notification, or both, or would be if the
404	person were a resident of that state or jurisdiction, without
405	regard to whether the person otherwise meets the criteria for
406	registration as a sexual offender;
407	c.  Establishes or maintains a residence in this state who
408	is in the custody or control of, or under the supervision of,
409	any other state or jurisdiction as a result of a conviction for
410	committing, or attempting, soliciting, or conspiring to commit,
411	any of the criminal offenses proscribed in the following
412	statutes or similar offense in another jurisdiction: s. 787.01,
413	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
414	the defendant is not the victim's parent or guardian; s.
415	794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
416	796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
417	minor and the defendant is 18 years of age or older; s. 827.071;
418	s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
419	s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
420	offense committed in this state which has been redesignated from
421	a former statute number to one of those listed in this sub-
422	subparagraph; or
423	d.  On or after July 1, 2007, has been adjudicated
424	delinquent for committing, or attempting, soliciting, or
425	conspiring to commit, any of the criminal offenses proscribed in
426	the following statutes in this state or similar offenses in
427	another jurisdiction when the juvenile was 14 years of age or
428	older at the time of the offense:
429	(I)  Section 794.011, excluding s. 794.011(10);
430	(II)  Section 800.04(4)(b) where the victim is under 12
431	years of age or where the court finds sexual activity by the use
432	of force or coercion;
433	(III)  Section 800.04(5)(c)1. where the court finds
434	molestation involving unclothed genitals; or
435	(IV)  Section 800.04(5)(d) where the court finds the use of
436	force or coercion and unclothed genitals; or
437	e.  Has been released on or after October 1, 2011, from any
438	sanction imposed for any felony conviction or similar offense in
439	another jurisdiction, and:
440	(I)  Has been convicted of committing, or attempting,
441	soliciting, or conspiring to commit, any of the criminal
442	offenses proscribed in the following statutes in this state or
443	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
444	or s. 787.025(2)(c), where the victim is a minor and the
445	defendant is not the victim's parent or guardian; s. 794.011,
446	excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
447	800.04; s. 825.1025; s. 826.04 where the victim is a minor and
448	the defendant is 18 years of age or older; s. 827.071; s.
449	847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
450	847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
451	committed in this state which has been redesignated from a
452	former statute number to one of those listed in this sub-sub-
453	subparagraph; or
454	(II)  Has been adjudicated delinquent for committing, or
455	attempting, soliciting, or conspiring to commit, any of the
456	criminal offenses proscribed in the following statutes in this
457	state or similar offenses in another jurisdiction when the
458	juvenile was 14 years of age or older at the time of the
459	offense:
460	(A)  Section 794.011, excluding s. 794.011(10);
461	(B)  Section 800.04(4)(b) where the victim is under 12
462	years of age or where the court finds sexual activity by the use
463	of force or coercion;
464	(C)  Section 800.04(5)(c)1. where the court finds
465	molestation involving unclothed genitals; or
466	(D)  Section 800.04(5)(d) where the court finds the use of
467	force or coercion and unclothed genitals.
468
469	For purposes of this sub-subparagraph, a sanction imposed in
470	this state or in any other jurisdiction includes, but is not
471	limited to, a fine, probation, community control, parole,
472	conditional release, control release, or incarceration in a
473	state prison, federal prison, private correctional facility, or
474	local detention facility.
475	2.  For all qualifying offenses listed in sub-subparagraph
476	(1)(a)1.d., the court shall make a written finding of the age of
477	the offender at the time of the offense.
478
479	For each violation of a qualifying offense listed in this
480	subsection, the court shall make a written finding of the age of
481	the victim at the time of the offense. For a violation of s.
482	800.04(4), the court shall additionally make a written finding
483	indicating that the offense did or did not involve sexual
484	activity and indicating that the offense did or did not involve
485	force or coercion. For a violation of s. 800.04(5), the court
486	shall additionally make a written finding that the offense did
487	or did not involve unclothed genitals or genital area and that
488	the offense did or did not involve the use of force or coercion.
489	(g)  "Internet identifier Instant message name" has the
490	same meaning as provided in s. 775.21 means an identifier that
491	allows a person to communicate in real time with another person
492	using the Internet.
493	(2)  A sexual offender shall:
494	(a)  Report in person at the sheriff's office:
495	1.  In the county in which the offender establishes or
496	maintains a permanent, temporary, or transient residence within
497	48 hours after:
498	a.  Establishing permanent, temporary, or transient
499	residence in this state; or
500	b.  Being released from the custody, control, or
501	supervision of the Department of Corrections or from the custody
502	of a private correctional facility; or
503	2.  In the county where he or she was convicted within 48
504	hours after being convicted for a qualifying offense for
505	registration under this section if the offender is not in the
506	custody or control of, or under the supervision of, the
507	Department of Corrections, or is not in the custody of a private
508	correctional facility.
509
510	Any change in the information required to be provided pursuant
511	to paragraph (b), including, but not limited to, any change in
512	the sexual offender's permanent, temporary, or transient
513	residence, name, any electronic mail address and any Internet
514	identifier instant message name required to be provided pursuant
515	to paragraph (4)(d), after the sexual offender reports in person
516	at the sheriff's office, shall be accomplished in the manner
517	provided in subsections (4), (7), and (8).
518	(b)  Provide his or her name; date of birth; social
519	security number; race; sex; height; weight; hair and eye color;
520	tattoos or other identifying marks; occupation and place of
521	employment; address of permanent or legal residence or address
522	of any current temporary residence, within the state or out of
523	state, including a rural route address and a post office box; if
524	no permanent or temporary address, any transient residence
525	within the state, address, location or description, and dates of
526	any current or known future temporary residence within the state
527	or out of state; home telephone number and any cellular
528	telephone number; any electronic mail address and any Internet
529	identifier instant message name required to be provided pursuant
530	to paragraph (4)(d); date and place of each conviction; and a
531	brief description of the crime or crimes committed by the
532	offender. A post office box shall not be provided in lieu of a
533	physical residential address.
534	1.  If the sexual offender's place of residence is a motor
535	vehicle, trailer, mobile home, or manufactured home, as defined
536	in chapter 320, the sexual offender shall also provide to the
537	department through the sheriff's office written notice of the
538	vehicle identification number; the license tag number; the
539	registration number; and a description, including color scheme,
540	of the motor vehicle, trailer, mobile home, or manufactured
541	home. If the sexual offender's place of residence is a vessel,
542	live-aboard vessel, or houseboat, as defined in chapter 327, the
543	sexual offender shall also provide to the department written
544	notice of the hull identification number; the manufacturer's
545	serial number; the name of the vessel, live-aboard vessel, or
546	houseboat; the registration number; and a description, including
547	color scheme, of the vessel, live-aboard vessel, or houseboat.
548	2.  If the sexual offender is enrolled, employed, or
549	carrying on a vocation at an institution of higher education in
550	this state, the sexual offender shall also provide to the
551	department through the sheriff's office the name, address, and
552	county of each institution, including each campus attended, and
553	the sexual offender's enrollment or employment status. Each
554	change in enrollment or employment status shall be reported in
555	person at the sheriff's office, within 48 hours after any change
556	in status. The sheriff shall promptly notify each institution of
557	the sexual offender's presence and any change in the sexual
558	offender's enrollment or employment status.
559
560	When a sexual offender reports at the sheriff's office, the
561	sheriff shall take a photograph and a set of fingerprints of the
562	offender and forward the photographs and fingerprints to the
563	department, along with the information provided by the sexual
564	offender. The sheriff shall promptly provide to the department
565	the information received from the sexual offender.
566	(4)(a)  Each time a sexual offender's driver's license or
567	identification card is subject to renewal, and, without regard
568	to the status of the offender's driver's license or
569	identification card, within 48 hours after any change in the
570	offender's permanent, temporary, or transient residence or
571	change in the offender's name by reason of marriage or other
572	legal process, the offender shall report in person to a driver's
573	license office, and shall be subject to the requirements
574	specified in subsection (3). The Department of Highway Safety
575	and Motor Vehicles shall forward to the department all
576	photographs and information provided by sexual offenders.
577	Notwithstanding the restrictions set forth in s. 322.142, the
578	Department of Highway Safety and Motor Vehicles is authorized to
579	release a reproduction of a color-photograph or digital-image
580	license to the Department of Law Enforcement for purposes of
581	public notification of sexual offenders as provided in this
582	section and ss. 943.043 and 944.606. A sexual offender is not in
583	violation of this paragraph if he or she reports an address or
584	location change to the local sheriff's office within 48 hours
585	after such change with proof that he or she also promptly
586	reported such information to the Department of Highway Safety
587	and Motor Vehicles.
588	(d)  A sexual offender must register any electronic mail
589	address or Internet identifier instant message name with the
590	department prior to using such electronic mail address or
591	Internet identifier instant message name on or after October 1,
592	2007. The department shall establish an online system through
593	which sexual offenders may securely access and update all
594	electronic mail address and Internet identifier instant message
595	name information.
596	(7)  A sexual offender who intends to establish a
597	permanent, temporary, or transient residence in another state or
598	jurisdiction other than the State of Florida shall report in
599	person to the sheriff of the county of current residence within
600	48 hours before the date he or she intends to leave this state
601	to establish residence in another state or jurisdiction or
602	within 21 days before his or her planned departure date if the
603	intended residence of 7 days or more is outside of the United
604	States. The notification must include the address, municipality,
605	county, and state, and country of intended residence. The
606	sheriff shall promptly provide to the department the information
607	received from the sexual offender. The department shall notify
608	the statewide law enforcement agency, or a comparable agency, in
609	the intended state or jurisdiction of residence of the sexual
610	offender's intended residence. The failure of a sexual offender
611	to provide his or her intended place of residence is punishable
612	as provided in subsection (9).
613	(14)
614	(c)  The sheriff's office may determine the appropriate
615	times and days for reporting by the sexual offender, which shall
616	be consistent with the reporting requirements of this
617	subsection. Reregistration shall include any changes to the
618	following information:
619	1.  Name; social security number; age; race; sex; date of
620	birth; height; weight; hair and eye color; address of any
621	permanent residence and address of any current temporary
622	residence, within the state or out of state, including a rural
623	route address and a post office box; if no permanent or
624	temporary address, any transient residence within the state;
625	address, location or description, and dates of any current or
626	known future temporary residence within the state or out of
627	state; any electronic mail address and any Internet identifier
628	instant message name required to be provided pursuant to
629	paragraph (4)(d); home telephone number and any cellular
630	telephone number; date and place of any employment; vehicle
631	make, model, color, and license tag number; fingerprints; and
632	photograph. A post office box shall not be provided in lieu of a
633	physical residential address.
634	2.  If the sexual offender is enrolled, employed, or
635	carrying on a vocation at an institution of higher education in
636	this state, the sexual offender shall also provide to the
637	department the name, address, and county of each institution,
638	including each campus attended, and the sexual offender's
639	enrollment or employment status.
640	3.  If the sexual offender's place of residence is a motor
641	vehicle, trailer, mobile home, or manufactured home, as defined
642	in chapter 320, the sexual offender shall also provide the
643	vehicle identification number; the license tag number; the
644	registration number; and a description, including color scheme,
645	of the motor vehicle, trailer, mobile home, or manufactured
646	home. If the sexual offender's place of residence is a vessel,
647	live-aboard vessel, or houseboat, as defined in chapter 327, the
648	sexual offender shall also provide the hull identification
649	number; the manufacturer's serial number; the name of the
650	vessel, live-aboard vessel, or houseboat; the registration
651	number; and a description, including color scheme, of the
652	vessel, live-aboard vessel or houseboat.
653	4.  Any sexual offender who fails to report in person as
654	required at the sheriff's office, or who fails to respond to any
655	address verification correspondence from the department within 3
656	weeks of the date of the correspondence or who fails to report
657	electronic mail addresses or Internet identifiers instant
658	message names, commits a felony of the third degree, punishable
659	as provided in s. 775.082, s. 775.083, or s. 775.084.
660	Section 4.  Section 943.04351, Florida Statutes, is amended
661	to read:
662	943.04351  Search of registration information regarding
663	sexual predators and sexual offenders required prior to
664	appointment or employment.-A state agency or governmental
665	subdivision, prior to making any decision to appoint or employ a
666	person to work, whether for compensation or as a volunteer, at
667	any park, playground, day care center, or other place where
668	children regularly congregate, must conduct a search of that
669	person's name or other identifying information against the
670	registration information regarding sexual predators and sexual
671	offenders maintained by the Department of Law Enforcement under
672	s. 943.043. The agency or governmental subdivision may conduct
673	the search using the Internet site maintained by the Department
674	of Law Enforcement. Also, a national search must be conducted
675	through the Dru Sjodin National Sex Offender Public Website
676	maintained by the United States Department of Justice. This
677	section does not apply to those positions or appointments within
678	a state agency or governmental subdivision for which a state and
679	national criminal history background check is conducted.
680	Section 5.  Section 943.04355, Florida Statutes, is created
681	to read:
682	943.04355  Juvenile and youthful sex offender and predator
683	registration; exceptions.-
684	(1)  If a person obligated to register as a sexual offender
685	or sexual predator was less than 22 years of age at the time he
686	or she committed the act or acts giving rise to the requirement
687	to register as such, he or she may petition the criminal
688	division of the circuit court of the circuit in which he or she
689	resides for the purpose of the removal of the registration
690	obligation or for an exemption from community and public
691	notification.
692	(2)  To be eligible for removal from the obligation to
693	register as a sexual offender or sexual predator, the petitioner
694	must show by clear and convincing evidence that all of the
695	following criteria have been met:
696	(a)  The requested relief complies with the provisions of
697	the federal Adam Walsh Child Protection and Safety Act of 2006
698	and any other federal standards applicable to the removal of
699	registration requirements for a sexual offender or sexual
700	predator or required to be met as a condition for the receipt of
701	federal funds by the state and that the removal of the
702	registration obligation requirement will not otherwise conflict
703	with federal law.
704	(b)  The petitioner was less than 22 years of age when he
705	or she committed the sex offense subjecting him or her to the
706	obligation to registration.
707	(c)  The circumstances surrounding the crime requiring
708	registration did not involve a child less than 13 years of age
709	while the offender was 18 years of age or older but less than 22
710	years of age.
711	(d)  The petitioner demonstrates to the satisfaction of the
712	court that he or she does not pose a risk or danger to the
713	community.
714	(e)  The petitioner has not been arrested for any crime
715	since being released from the sanctions relevant to the
716	qualifying offense requiring registration.
717	(f)  The petitioner has participated in and satisfactorily
718	completed a sexual offender treatment program obtained from a
719	qualified practitioner as defined in s. 948.001.
720	(g)  The petitioner has paid restitution to either the
721	victim or crimes compensation trust fund, if applicable.
722	(h)  The petitioner successfully completed the terms of
723	supervision and substantially complied with registration
724	requirements.
725	(i)  The petitioner is not required to register as a sexual
726	offender or sexual predator in another state or jurisdiction as
727	a result of committing a sexual offense in a jurisdiction
728	outside of this state.
729	(3)(a)  The state attorney in the circuit in which the
730	petition is filed must be given notice of the petition at least
731	3 weeks before the hearing on the matter. As soon as practicable
732	after a petition has been filed under this section, the state
733	attorney shall make a reasonable effort to notify the victim of
734	the crime that the person has filed a petition seeking relief
735	under this section. Also, the state attorney may present
736	evidence in opposition to the requested relief or may otherwise
737	demonstrate the reasons why the petition should be denied. If
738	the court denies the petition, the court may set a future date
739	at which the sexual offender or sexual predator may again
740	petition the court for relief, subject to the standards for
741	relief provided in this section. A subsequent petition for
742	relief may not be submitted under this section unless a future
743	date for eligibility to file such a petition is set by the
744	court. The court shall order removal of the sexual offender or
745	sexual predator from classification as a sexual offender or
746	sexual predator for the purpose of registration if the petition
747	is granted. The court may also grant the petition, in part, and
748	order nonpublic registration.
749	(b)  For the purpose of this section, the term "nonpublic
750	registration" means an exemption from community and public
751	notification. The offender or predator is still obligated to
752	report in person and register with the local sheriff's office
753	and the Department of Highway Safety and Motor Vehicles pursuant
754	to s. 775.21 and s. 943.0435. The offender's or predator's
755	registration information will not be visible on the public
756	registry, but it will continue to be updated; however, the
757	information will only be available for use by law enforcement
758	agencies for investigative purposes.
759	(4)  The department shall remove an offender or predator
760	from classification as a sexual offender or sexual predator for
761	purposes of registration if he or she provides the department
762	with a certified copy of the court's written findings or order
763	that indicates that he or she is no longer required to comply
764	with the requirements for registration as a sexual offender or
765	sexual predator. If the sexual offender or sexual predator is
766	granted nonpublic registration or a court order or findings
767	exempting him or her from community and public notification, the
768	department must promptly remove the offender's or predator's
769	registration information from the public registry of sexual
770	offenders and sexual predators maintained by the department.
771	However, the removal of this information from the public
772	registry of sexual offenders and sexual predators shall not
773	prevent public access to information about the person's criminal
774	history or record that is otherwise available as a public
775	record.
776	(5)  The court may order nonpublic registration for a
777	juvenile sexual offender as defined in s. 985.475 at any time if
778	he or she has completed a juvenile sexual offender commitment
779	program or if the court is satisfied that he or she is not a
780	current or potential threat to public safety. The court may
781	revoke a nonpublic registration order made under this subsection
782	for any reason.
783	Section 6.  Subsection (2) and paragraph (a) of subsection
784	(3) of section 943.0437, Florida Statutes, are amended to read:
785	943.0437  Commercial social networking websites.-
786	(2)  The department may provide information relating to
787	electronic mail addresses and Internet identifiers instant
788	message names maintained as part of the sexual offender registry
789	to commercial social networking websites or third parties
790	designated by commercial social networking websites. The
791	commercial social networking website may use this information
792	for the purpose of comparing registered users and screening
793	potential users of the commercial social networking website
794	against the list of electronic mail addresses and Internet
795	identifiers instant message names provided by the department.
796	(3)  This section shall not be construed to impose any
797	civil liability on a commercial social networking website for:
798	(a)  Any action voluntarily taken in good faith to remove
799	or disable any profile of a registered user associated with an
800	electronic mail address or Internet identifier instant message
801	name contained in the sexual offender registry.
802	Section 7.  Paragraphs (b) and (d) of subsection (1) and
803	paragraph (a) of subsection (3) of section 944.606, Florida
804	Statutes, are amended to read:
805	944.606  Sexual offenders; notification upon release.-
806	(1)  As used in this section:
807	(b)  "Sexual offender" means a person who has been
808	convicted of committing, or attempting, soliciting, or
809	conspiring to commit, any of the criminal offenses proscribed in
810	the following statutes in this state or similar offenses in
811	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
812	where the victim is a minor and the defendant is not the
813	victim's parent or guardian; s. 794.011, excluding s.
814	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
815	825.1025; s. 826.04 where the victim is a minor and the
816	defendant is 18 years of age or older; s. 827.071; s. 847.0133;
817	s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
818	s. 847.0145; or s. 985.701(1); or any similar offense committed
819	in this state which has been redesignated from a former statute
820	number to one of those listed in this subsection, when the
821	department has received verified information regarding such
822	conviction; an offender's computerized criminal history record
823	is not, in and of itself, verified information.
824	(d)  "Internet identifier Instant message name" has the
825	same meaning as provided in s. 775.21 means an identifier that
826	allows a person to communicate in real time with another person
827	using the Internet.
828	(3)(a)  The department must provide information regarding
829	any sexual offender who is being released after serving a period
830	of incarceration for any offense, as follows:
831	1.  The department must provide: the sexual offender's
832	name, any change in the offender's name by reason of marriage or
833	other legal process, and any alias, if known; the correctional
834	facility from which the sexual offender is released; the sexual
835	offender's social security number, race, sex, date of birth,
836	height, weight, and hair and eye color; address of any planned
837	permanent residence or temporary residence, within the state or
838	out of state, including a rural route address and a post office
839	box; if no permanent or temporary address, any transient
840	residence within the state; address, location or description,
841	and dates of any known future temporary residence within the
842	state or out of state; date and county of sentence and each
843	crime for which the offender was sentenced; a copy of the
844	offender's fingerprints and a digitized photograph taken within
845	60 days before release; the date of release of the sexual
846	offender; any electronic mail address and any Internet
847	identifier instant message name required to be provided pursuant
848	to s. 943.0435(4)(d); and home telephone number and any cellular
849	telephone number. The department shall notify the Department of
850	Law Enforcement if the sexual offender escapes, absconds, or
851	dies. If the sexual offender is in the custody of a private
852	correctional facility, the facility shall take the digitized
853	photograph of the sexual offender within 60 days before the
854	sexual offender's release and provide this photograph to the
855	Department of Corrections and also place it in the sexual
856	offender's file. If the sexual offender is in the custody of a
857	local jail, the custodian of the local jail shall register the
858	offender within 3 business days after intake of the offender for
859	any reason and upon release, and shall notify the Department of
860	Law Enforcement of the sexual offender's release and provide to
861	the Department of Law Enforcement the information specified in
862	this paragraph and any information specified in subparagraph 2.
863	that the Department of Law Enforcement requests.
864	2.  The department may provide any other information deemed
865	necessary, including criminal and corrections records,
866	nonprivileged personnel and treatment records, when available.
867	Section 8.  Paragraphs (a) and (f) of subsection (1),
868	paragraph (a) of subsection (4), and paragraph (c) of subsection
869	(13) of section 944.607, Florida Statutes, are amended to read:
870	944.607  Notification to Department of Law Enforcement of
871	information on sexual offenders.-
872	(1)  As used in this section, the term:
873	(a)  "Sexual offender" means a person who is in the custody
874	or control of, or under the supervision of, the department or is
875	in the custody of a private correctional facility:
876	1.  On or after October 1, 1997, as a result of a
877	conviction for committing, or attempting, soliciting, or
878	conspiring to commit, any of the criminal offenses proscribed in
879	the following statutes in this state or similar offenses in
880	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
881	where the victim is a minor and the defendant is not the
882	victim's parent or guardian; s. 794.011, excluding s.
883	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
884	825.1025; s. 826.04 where the victim is a minor and the
885	defendant is 18 years of age or older; s. 827.071; s. 847.0133;
886	s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
887	s. 847.0145; or s. 985.701(1); or any similar offense committed
888	in this state which has been redesignated from a former statute
889	number to one of those listed in this subparagraph paragraph; or
890	2.  On or after October 1, 2011, as a result of committing
891	any felony, if the offender has a prior conviction for
892	committing, or attempting, soliciting, or conspiring to commit,
893	any of the criminal offenses proscribed in the following
894	statutes in this state or similar offenses in another
895	jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
896	the victim is a minor and the defendant is not the victim's
897	parent or guardian; s. 794.011, excluding s. 794.011(10); s.
898	794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 826.04
899	where the victim is a minor and the defendant is 18 years of age
900	or older; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
901	847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
902	985.701(1); or any similar offense committed in this state which
903	has been redesignated from a former statute number to one of
904	those listed in this subparagraph; or
905	3.2.  Who establishes or maintains a residence in this
906	state and who has not been designated as a sexual predator by a
907	court of this state but who has been designated as a sexual
908	predator, as a sexually violent predator, or by another sexual
909	offender designation in another state or jurisdiction and was,
910	as a result of such designation, subjected to registration or
911	community or public notification, or both, or would be if the
912	person were a resident of that state or jurisdiction, without
913	regard as to whether the person otherwise meets the criteria for
914	registration as a sexual offender.
915	(f)  "Internet identifier Instant message name" has the
916	same meaning as provided in s. 775.21 means an identifier that
917	allows a person to communicate in real time with another person
918	using the Internet.
919	(4)  A sexual offender, as described in this section, who
920	is under the supervision of the Department of Corrections but is
921	not incarcerated must register with the Department of
922	Corrections within 3 business days after sentencing for a
923	registrable offense and otherwise provide information as
924	required by this subsection.
925	(a)  The sexual offender shall provide his or her name;
926	date of birth; social security number; race; sex; height;
927	weight; hair and eye color; tattoos or other identifying marks;
928	any electronic mail address and any Internet identifier instant
929	message name required to be provided pursuant to s.
930	943.0435(4)(d); permanent or legal residence and address of
931	temporary residence within the state or out of state while the
932	sexual offender is under supervision in this state, including
933	any rural route address or post office box; if no permanent or
934	temporary address, any transient residence within the state; and
935	address, location or description, and dates of any current or
936	known future temporary residence within the state or out of
937	state. The Department of Corrections shall verify the address of
938	each sexual offender in the manner described in ss. 775.21 and
939	943.0435. The department shall report to the Department of Law
940	Enforcement any failure by a sexual predator or sexual offender
941	to comply with registration requirements.
942	(13)
943	(c)  The sheriff's office may determine the appropriate
944	times and days for reporting by the sexual offender, which shall
945	be consistent with the reporting requirements of this
946	subsection. Reregistration shall include any changes to the
947	following information:
948	1.  Name; social security number; age; race; sex; date of
949	birth; height; weight; hair and eye color; address of any
950	permanent residence and address of any current temporary
951	residence, within the state or out of state, including a rural
952	route address and a post office box; if no permanent or
953	temporary address, any transient residence; address, location or
954	description, and dates of any current or known future temporary
955	residence within the state or out of state; any electronic mail
956	address and any Internet identifier instant message name
957	required to be provided pursuant to s. 943.0435(4)(d); date and
958	place of any employment; vehicle make, model, color, and license
959	tag number; fingerprints; and photograph. A post office box
960	shall not be provided in lieu of a physical residential address.
961	2.  If the sexual offender is enrolled, employed, or
962	carrying on a vocation at an institution of higher education in
963	this state, the sexual offender shall also provide to the
964	department the name, address, and county of each institution,
965	including each campus attended, and the sexual offender's
966	enrollment or employment status.
967	3.  If the sexual offender's place of residence is a motor
968	vehicle, trailer, mobile home, or manufactured home, as defined
969	in chapter 320, the sexual offender shall also provide the
970	vehicle identification number; the license tag number; the
971	registration number; and a description, including color scheme,
972	of the motor vehicle, trailer, mobile home, or manufactured
973	home. If the sexual offender's place of residence is a vessel,
974	live-aboard vessel, or houseboat, as defined in chapter 327, the
975	sexual offender shall also provide the hull identification
976	number; the manufacturer's serial number; the name of the
977	vessel, live-aboard vessel, or houseboat; the registration
978	number; and a description, including color scheme, of the
979	vessel, live-aboard vessel or houseboat.
980	4.  Any sexual offender who fails to report in person as
981	required at the sheriff's office, or who fails to respond to any
982	address verification correspondence from the department within 3
983	weeks of the date of the correspondence, or who fails to report
984	electronic mail addresses or Internet identifiers instant
985	message names, commits a felony of the third degree, punishable
986	as provided in s. 775.082, s. 775.083, or s. 775.084.
987	Section 9.  Subsection (11) of section 947.005, Florida
988	Statutes, is amended to read:
989	947.005  Definitions.-As used in this chapter, unless the
990	context clearly indicates otherwise:
991	(11)  "Risk assessment" means an assessment completed by a
992	an independent qualified practitioner to evaluate the level of
993	risk associated when a sex offender has contact with a child.
994	Section 10.  Section 948.31, Florida Statutes, is amended
995	to read:
996	948.31  Evaluation and treatment of sexual predators and
997	offenders on probation or community control.-Conditions imposed
998	pursuant to this section do not require oral pronouncement at
999	the time of sentencing and shall be considered standard
1000	conditions of probation or community control for offenders
1001	specified in this section. The court shall require an evaluation
1002	by a qualified practitioner to determine the need of a
1003	probationer or community controllee for treatment. If the court
1004	determines that a need therefor is established by the evaluation
1005	process, the court shall require sexual offender treatment as a
1006	term or condition of probation or community control for any
1007	person who is required to register as a sexual predator under s.
1008	775.21 or sexual offender under s. 943.0435, s. 944.606, or s.
1009	944.607. Such treatment shall be required to be obtained from a
1010	qualified practitioner as defined in s. 948.001. Treatment may
1011	not be administered by a qualified practitioner who has been
1012	convicted or adjudicated delinquent of committing, or
1013	attempting, soliciting, or conspiring to commit, any offense
1014	that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1015	impose a restriction against contact with minors if sexual
1016	offender treatment is recommended. The evaluation and
1017	recommendations for treatment of the probationer or community
1018	controllee shall be provided to the court for review.
1019	Section 11.  If any provision of this act or its
1020	application to any person or circumstance is held invalid, the
1021	invalidity does not affect other provisions or applications of
1022	this act which can be given effect without the invalid provision
1023	or application, and to this end the provisions of this act are
1024	severable.
1025	Section 12.  This act shall take effect upon becoming a
1026	law.

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