CS/CS/HB 1277

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3amending s. 775.21, F.S.; replacing the definition of the
4term "instant message name" with the definition of the
5term "Internet identifier"; providing that voluntary
6disclosure of specified information waives a disclosure
7exemption for such information; conforming provisions;
8requiring disclosure of passport and immigration status
9information; requiring that a sexual predator who is
10unable to secure or update a driver's license or
11identification card within a specified period must report
12specified information to the local sheriff's office within
13a specified period after such change with confirmation
14that he or she also reported such information to the
15Department of Highway Safety and Motor Vehicles; revising
16reporting requirements if a sexual predator plans to leave
17the United States for more than a specified period;
18creating s. 847.0141, F.S.; prohibiting a minor's
19intentional or knowing use of an electronic communication
20device to transmit, distribute, or display a visual
21depiction of himself or herself that depicts nudity and is
22harmful to minors; providing penalties; prohibiting a
23minor's intentional or knowing possession of a visual
24depiction of another minor that depicts nudity and is
25harmful to minors; providing an exception; providing
26penalties; providing duties for law enforcement officers;
27providing for prosecution of a minor under other
28provisions; amending s. 943.0435, F.S.; replacing the
29definition of the term "instant message name" with the
30definition of the term "Internet identifier"; conforming
31provisions; requiring disclosure of passport and
32immigration status information; requiring that a sexual
33predator who is unable to secure or update a driver's
34license or identification card within a specified period
35must report specified information to the local sheriff's
36office within a specified period of such change with
37confirmation that he or she also reported such information
38to the Department of Highway Safety and Motor Vehicles;
39providing additional requirements for sexual offenders
40intending to reside outside of the United States; amending
41s. 943.04351, F.S.; requiring a specified national search
42of registration information regarding sexual predators and
43sexual offenders prior to appointment or employment of
44persons by state agencies and governmental subdivisions;
45amending s. 943.04354, F.S.; revising the age range
46applicable to provisions allowing removal of the
47requirement to register as a sexual offender or sexual
48predator in certain circumstances; revising eligibility
49requirements for removal of the requirement to register as
50a sexual offender or sexual predator; amending s.
51943.0437, F.S.; replacing the definition of the term
52"instant message name" with the definition of the term
53"Internet identifier"; conforming provisions; amending ss.
54944.606 and 944.607, F.S.; replacing the definition of the
55term "instant message name" with the definition of the
56term "Internet identifier"; conforming provisions;
57requiring disclosure of passport and immigration status
58information; amending s. 947.005, F.S.; revising the
59definition of the term "risk assessment"; amending s.
60948.31, F.S.; providing that conditions imposed under that
61section do not require oral pronouncement at the time of
62sentencing and shall be considered standard conditions of
63probation or community control for certain offenders;
64removing a provision prohibiting contact with minors if
65sexual offender treatment is recommended; amending ss.
66985.481 and 985.4815, F.S.; requiring disclosure of
67passport and immigration status information by certain
68sexual offenders adjudicated delinquent and certain
69juvenile sexual offenders; providing severability;
70providing an effective date.
71
72Be It Enacted by the Legislature of the State of Florida:
73
74     Section 1.  Paragraph (i) of subsection (2), paragraphs
75(a), (e), (g), (i), and (j) of subsection (6), paragraph (a) of
76subsection (8), and paragraph (a) of subsection (10) of section
77775.21, Florida Statutes, are amended to read:
78     775.21  The Florida Sexual Predators Act.-
79     (2)  DEFINITIONS.-As used in this section, the term:
80     (i)  "Internet identifier Instant message name" means all
81electronic mail, chat, instant messenger, social networking, or
82similar name used for Internet communication, but does not
83include a date of birth, social security number, or personal
84identification number (PIN) an identifier that allows a person
85to communicate in real time with another person using the
86Internet. Voluntary disclosure by the sexual predator of his or
87her date of birth, social security number, or personal
88identification number (PIN) as an Internet identifier waives the
89disclosure exemption in this paragraph for such personal
90information.
91     (6)  REGISTRATION.-
92     (a)  A sexual predator must register with the department
93through the sheriff's office by providing the following
94information to the department:
95     1.  Name; social security number; age; race; sex; date of
96birth; height; weight; hair and eye color; photograph; address
97of legal residence and address of any current temporary
98residence, within the state or out of state, including a rural
99route address and a post office box; if no permanent or
100temporary address, any transient residence within the state;
101address, location or description, and dates of any current or
102known future temporary residence within the state or out of
103state; all any electronic mail addresses address and all
104Internet identifiers any instant message name required to be
105provided pursuant to subparagraph (g)4.; all home telephone
106numbers number and any cellular telephone numbers number; date
107and place of any employment; date and place of each conviction;
108fingerprints; and a brief description of the crime or crimes
109committed by the offender. A post office box shall not be
110provided in lieu of a physical residential address. The sexual
111predator must also produce or provide information about his or
112her passport, if he or she has a passport, and, if he or she is
113an alien, must produce or provide information about documents
114establishing his or her immigration status.
115     a.  If the sexual predator's place of residence is a motor
116vehicle, trailer, mobile home, or manufactured home, as defined
117in chapter 320, the sexual predator shall also provide to the
118department written notice of the vehicle identification number;
119the license tag number; the registration number; and a
120description, including color scheme, of the motor vehicle,
121trailer, mobile home, or manufactured home. If a sexual
122predator's place of residence is a vessel, live-aboard vessel,
123or houseboat, as defined in chapter 327, the sexual predator
124shall also provide to the department written notice of the hull
125identification number; the manufacturer's serial number; the
126name of the vessel, live-aboard vessel, or houseboat; the
127registration number; and a description, including color scheme,
128of the vessel, live-aboard vessel, or houseboat.
129     b.  If the sexual predator is enrolled, employed, or
130carrying on a vocation at an institution of higher education in
131this state, the sexual predator shall also provide to the
132department the name, address, and county of each institution,
133including each campus attended, and the sexual predator's
134enrollment or employment status. Each change in enrollment or
135employment status shall be reported in person at the sheriff's
136office, or the Department of Corrections if the sexual predator
137is in the custody or control of or under the supervision of the
138Department of Corrections, within 48 hours after any change in
139status. The sheriff or the Department of Corrections shall
140promptly notify each institution of the sexual predator's
141presence and any change in the sexual predator's enrollment or
142employment status.
143     2.  Any other information determined necessary by the
144department, including criminal and corrections records;
145nonprivileged personnel and treatment records; and evidentiary
146genetic markers when available.
147     (e)1.  If the sexual predator is not in the custody or
148control of, or under the supervision of, the Department of
149Corrections or is not in the custody of a private correctional
150facility, the sexual predator shall register in person:
151     a.  At the sheriff's office in the county where he or she
152establishes or maintains a residence within 48 hours after
153establishing or maintaining a residence in this state; and
154     b.  At the sheriff's office in the county where he or she
155was designated a sexual predator by the court within 48 hours
156after such finding is made.
157     2.  Any change in the sexual predator's permanent or
158temporary residence, name, or all any electronic mail addresses
159address and all Internet identifiers any instant message name
160required to be provided pursuant to subparagraph (g)4., after
161the sexual predator registers in person at the sheriff's office
162as provided in subparagraph 1., shall be accomplished in the
163manner provided in paragraphs (g), (i), and (j). When a sexual
164predator registers with the sheriff's office, the sheriff shall
165take a photograph and a set of fingerprints of the predator and
166forward the photographs and fingerprints to the department,
167along with the information that the predator is required to
168provide pursuant to this section.
169     (g)1.  Each time a sexual predator's driver's license or
170identification card is subject to renewal, and, without regard
171to the status of the predator's driver's license or
172identification card, within 48 hours after any change of the
173predator's residence or change in the predator's name by reason
174of marriage or other legal process, the predator shall report in
175person to a driver's license office and shall be subject to the
176requirements specified in paragraph (f). The Department of
177Highway Safety and Motor Vehicles shall forward to the
178department and to the Department of Corrections all photographs
179and information provided by sexual predators. Notwithstanding
180the restrictions set forth in s. 322.142, the Department of
181Highway Safety and Motor Vehicles is authorized to release a
182reproduction of a color-photograph or digital-image license to
183the Department of Law Enforcement for purposes of public
184notification of sexual predators as provided in this section. A
185sexual predator who is unable to secure or update a driver's
186license or identification card with the Department of Highway
187Safety and Motor Vehicles as provided in paragraph (f) and this
188paragraph must also report any change of the predator's
189residence or change in the predator's name by reason of marriage
190or other legal process within 48 hours after the change to the
191sheriff's office in the county where the predator resides or is
192located and provide confirmation that he or she reported such
193information to the Department of Highway Safety and Motor
194Vehicles.
195     2.  A sexual predator who vacates a permanent, temporary,
196or transient residence and fails to establish or maintain
197another permanent, temporary, or transient residence shall,
198within 48 hours after vacating the permanent, temporary, or
199transient residence, report in person to the sheriff's office of
200the county in which he or she is located. The sexual predator
201shall specify the date upon which he or she intends to or did
202vacate such residence. The sexual predator must provide or
203update all of the registration information required under
204paragraph (a). The sexual predator must provide an address for
205the residence or other place that he or she is or will be
206located during the time in which he or she fails to establish or
207maintain a permanent or temporary residence.
208     3.  A sexual predator who remains at a permanent,
209temporary, or transient residence after reporting his or her
210intent to vacate such residence shall, within 48 hours after the
211date upon which the predator indicated he or she would or did
212vacate such residence, report in person to the sheriff's office
213to which he or she reported pursuant to subparagraph 2. for the
214purpose of reporting his or her address at such residence. When
215the sheriff receives the report, the sheriff shall promptly
216convey the information to the department. An offender who makes
217a report as required under subparagraph 2. but fails to make a
218report as required under this subparagraph commits a felony of
219the second degree, punishable as provided in s. 775.082, s.
220775.083, or s. 775.084.
221     4.  A sexual predator must register all any electronic mail
222addresses and Internet identifiers address or instant message
223name with the department prior to using such electronic mail
224addresses and Internet identifiers address or instant message
225name on or after October 1, 2007. The department shall establish
226an online system through which sexual predators may securely
227access and update all electronic mail address and Internet
228identifier instant message name information.
229     (i)  A sexual predator who intends to establish a
230permanent, temporary, or transient residence in another state or
231jurisdiction other than the State of Florida shall report in
232person to the sheriff of the county of current residence within
23348 hours before the date he or she intends to leave this state
234to establish residence in another state or jurisdiction or
235within 21 days before his or her planned departure date if the
236intended residence of 7 days or more is outside of the United
237States. The sexual predator must provide to the sheriff the
238address, municipality, county, and state, and country of
239intended residence. The sheriff shall promptly provide to the
240department the information received from the sexual predator.
241The department shall notify the statewide law enforcement
242agency, or a comparable agency, in the intended state, or
243jurisdiction, or country of residence of the sexual predator's
244intended residence. The failure of a sexual predator to provide
245his or her intended place of residence is punishable as provided
246in subsection (10).
247     (j)  A sexual predator who indicates his or her intent to
248establish a permanent, temporary, or transient residence in
249another state, a or jurisdiction other than the State of
250Florida, or another country and later decides to remain in this
251state shall, within 48 hours after the date upon which the
252sexual predator indicated he or she would leave this state,
253report in person to the sheriff to which the sexual predator
254reported the intended change of residence, and report his or her
255intent to remain in this state. If the sheriff is notified by
256the sexual predator that he or she intends to remain in this
257state, the sheriff shall promptly report this information to the
258department. A sexual predator who reports his or her intent to
259establish a permanent, temporary, or transient residence in
260another state, a or jurisdiction other than the State of
261Florida, or another country, but who remains in this state
262without reporting to the sheriff in the manner required by this
263paragraph, commits a felony of the second degree, punishable as
264provided in s. 775.082, s. 775.083, or s. 775.084.
265     (8)  VERIFICATION.-The department and the Department of
266Corrections shall implement a system for verifying the addresses
267of sexual predators. The system must be consistent with the
268provisions of the federal Adam Walsh Child Protection and Safety
269Act of 2006 and any other federal standards applicable to such
270verification or required to be met as a condition for the
271receipt of federal funds by the state. The Department of
272Corrections shall verify the addresses of sexual predators who
273are not incarcerated but who reside in the community under the
274supervision of the Department of Corrections and shall report to
275the department any failure by a sexual predator to comply with
276registration requirements. County and local law enforcement
277agencies, in conjunction with the department, shall verify the
278addresses of sexual predators who are not under the care,
279custody, control, or supervision of the Department of
280Corrections. Local law enforcement agencies shall report to the
281department any failure by a sexual predator to comply with
282registration requirements.
283     (a)  A sexual predator must report in person each year
284during the month of the sexual predator's birthday and during
285every third month thereafter to the sheriff's office in the
286county in which he or she resides or is otherwise located to
287reregister. The sheriff's office may determine the appropriate
288times and days for reporting by the sexual predator, which shall
289be consistent with the reporting requirements of this paragraph.
290Reregistration shall include any changes to the following
291information:
292     1.  Name; social security number; age; race; sex; date of
293birth; height; weight; hair and eye color; address of any
294permanent residence and address of any current temporary
295residence, within the state or out of state, including a rural
296route address and a post office box; if no permanent or
297temporary address, any transient residence within the state;
298address, location or description, and dates of any current or
299known future temporary residence within the state or out of
300state; all any electronic mail addresses address and all
301Internet identifiers any instant message name required to be
302provided pursuant to subparagraph (6)(g)4.; all home telephone
303numbers number and any cellular telephone numbers number; date
304and place of any employment; vehicle make, model, color, and
305license tag number; fingerprints; and photograph. A post office
306box shall not be provided in lieu of a physical residential
307address. The sexual predator must also produce or provide
308information about his or her passport, if he or she has a
309passport, and, if he or she is an alien, must produce or provide
310information about documents establishing his or her immigration
311status.
312     2.  If the sexual predator is enrolled, employed, or
313carrying on a vocation at an institution of higher education in
314this state, the sexual predator shall also provide to the
315department the name, address, and county of each institution,
316including each campus attended, and the sexual predator's
317enrollment or employment status.
318     3.  If the sexual predator's place of residence is a motor
319vehicle, trailer, mobile home, or manufactured home, as defined
320in chapter 320, the sexual predator shall also provide the
321vehicle identification number; the license tag number; the
322registration number; and a description, including color scheme,
323of the motor vehicle, trailer, mobile home, or manufactured
324home. If the sexual predator's place of residence is a vessel,
325live-aboard vessel, or houseboat, as defined in chapter 327, the
326sexual predator shall also provide the hull identification
327number; the manufacturer's serial number; the name of the
328vessel, live-aboard vessel, or houseboat; the registration
329number; and a description, including color scheme, of the
330vessel, live-aboard vessel, or houseboat.
331     (10)  PENALTIES.-
332     (a)  Except as otherwise specifically provided, a sexual
333predator who fails to register; who fails, after registration,
334to maintain, acquire, or renew a driver's license or
335identification card; who fails to provide required location
336information, electronic mail address information, Internet
337identifier instant message name information, all home telephone
338numbers number and any cellular telephone numbers number, or
339change-of-name information; who fails to make a required report
340in connection with vacating a permanent residence; who fails to
341reregister as required; who fails to respond to any address
342verification correspondence from the department within 3 weeks
343of the date of the correspondence; or who otherwise fails, by
344act or omission, to comply with the requirements of this
345section, commits a felony of the third degree, punishable as
346provided in s. 775.082, s. 775.083, or s. 775.084.
347     Section 2.  Section 847.0141, Florida Statutes, is created
348to read:
349     847.0141  Unlawful electronic communication between minors;
350possession of visual depiction of another minor.-
351     (1)  It is unlawful for a minor to intentionally or
352knowingly use an electronic communication device to transmit,
353distribute, or display a visual depiction of himself or herself
354that depicts nudity and is harmful to minors.
355     (2)(a)  It is unlawful for a minor to intentionally or
356knowingly posses a visual depiction of another minor that
357depicts nudity and is harmful to minors.
358     (b)  A minor does not violate paragraph (a) if all of the
359following apply:
360     1.  The minor did not solicit the visual depiction.
361     2.  The minor took reasonable steps to report the visual
362depiction to the minor's legal guardian or to a school or law
363enforcement official.
364     3.  The minor did not transmit or distribute the visual
365depiction to a third party.
366     (3)  A minor who violates subsection (1) or subsection (2):
367     (a)  Commits a noncriminal violation for a first violation,
368punishable by 8 hours of community service or, if ordered by the
369court in lieu of community service, a $60 fine. The court may
370also order suitable training concerning such offenses and may
371prohibit the use or possession of electronic devices, which may
372include, but are not limited to, cellular telephones, cameras,
373computers, or other electronic media devices. The court shall
374order the confiscation of such unlawful material and authorize
375the law enforcement agency in which the material is held to
376destroy the unlawful material.
377     (b)  Commits a misdemeanor of the second degree for a
378violation that occurs after being found to have committed a
379noncriminal violation under paragraph (a), punishable as
380provided in s. 775.082 or s. 775.083. The court must order
381suitable training concerning such offenses and prohibit the use
382or possession of electronic communication devices, which may
383include, but are not limited to, cellular telephones, cameras,
384computers, or other electronic media devices. The court shall
385order the confiscation of such unlawful material and authorize
386the law enforcement agency in which the material is held to
387destroy the unlawful material.
388     (c)  Commits a misdemeanor of the first degree for a
389violation that occurs after being found to have committed a
390misdemeanor of the second degree under paragraph (b), punishable
391as provided in s. 775.082 or s. 775.083. The court must order
392suitable training concerning such offenses or, if ordered by the
393court in lieu of training, counseling and prohibit the use or
394possession of electronic devices, which may include, but are not
395limited to, cellular telephones, cameras, computers, or other
396electronic media devices. The court shall order confiscation of
397such unlawful material and authorize the law enforcement agency
398in which the material is held to destroy the unlawful material.
399     (d)  Commits a felony of the third degree for a violation
400that occurs after being found to have committed a misdemeanor of
401the first degree under paragraph (c), punishable as provided in
402s. 775.082, s. 775.083, or s. 775.084. The court must order a
403mental health evaluation by a qualified practitioner, as defined
404in s. 948.001, and treatment, if recommended by the
405practitioner. The court shall order confiscation of such
406unlawful material and authorize the law enforcement agency in
407which the material is held to destroy the unlawful material.
408     (4)  Whenever any law enforcement officer arrests any
409person charged with any offense under this section, the officer
410shall seize the prohibited material and take the material into
411his or her custody to await the sentence of the court upon the
412trial of the offender.
413     (5)  This section does not prohibit the prosecution of a
414minor for a violation of any law of this state if the electronic
415communication includes the depiction of sexual conduct or sexual
416excitement and does not prohibit the prosecution of a minor for
417stalking under s. 784.048.
418     Section 3.  Paragraphs (a) and (g) of subsection (1),
419subsection (2), paragraphs (a) and (d) of subsection (4),
420subsections (7) and (8), and paragraph (c) of subsection (14) of
421section 943.0435, Florida Statutes, are amended to read:
422     943.0435  Sexual offenders required to register with the
423department; penalty.-
424     (1)  As used in this section, the term:
425     (a)1.  "Sexual offender" means a person who meets the
426criteria in sub-subparagraph a., sub-subparagraph b., sub-
427subparagraph c., or sub-subparagraph d., as follows:
428     a.(I)  Has been convicted of committing, or attempting,
429soliciting, or conspiring to commit, any of the criminal
430offenses proscribed in the following statutes in this state or
431similar offenses in another jurisdiction: s. 787.01, s. 787.02,
432or s. 787.025(2)(c), where the victim is a minor and the
433defendant is not the victim's parent or guardian; s. 794.011,
434excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
435800.04; s. 825.1025; s. 826.04 where the victim is a minor and
436the defendant is 18 years of age or older; s. 827.071; s.
437847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
438847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
439committed in this state which has been redesignated from a
440former statute number to one of those listed in this sub-sub-
441subparagraph; and
442     (II)  Has been released on or after October 1, 1997, from
443the sanction imposed for any conviction of an offense described
444in sub-sub-subparagraph (I). For purposes of sub-sub-
445subparagraph (I), a sanction imposed in this state or in any
446other jurisdiction includes, but is not limited to, a fine,
447probation, community control, parole, conditional release,
448control release, or incarceration in a state prison, federal
449prison, private correctional facility, or local detention
450facility;
451     b.  Establishes or maintains a residence in this state and
452who has not been designated as a sexual predator by a court of
453this state but who has been designated as a sexual predator, as
454a sexually violent predator, or by another sexual offender
455designation in another state or jurisdiction and was, as a
456result of such designation, subjected to registration or
457community or public notification, or both, or would be if the
458person were a resident of that state or jurisdiction, without
459regard to whether the person otherwise meets the criteria for
460registration as a sexual offender;
461     c.  Establishes or maintains a residence in this state who
462is in the custody or control of, or under the supervision of,
463any other state or jurisdiction as a result of a conviction for
464committing, or attempting, soliciting, or conspiring to commit,
465any of the criminal offenses proscribed in the following
466statutes or similar offense in another jurisdiction: s. 787.01,
467s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
468the defendant is not the victim's parent or guardian; s.
469794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
470796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
471minor and the defendant is 18 years of age or older; s. 827.071;
472s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
473s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
474offense committed in this state which has been redesignated from
475a former statute number to one of those listed in this sub-
476subparagraph; or
477     d.  On or after July 1, 2007, has been adjudicated
478delinquent for committing, or attempting, soliciting, or
479conspiring to commit, any of the criminal offenses proscribed in
480the following statutes in this state or similar offenses in
481another jurisdiction when the juvenile was 14 years of age or
482older at the time of the offense:
483     (I)  Section 794.011, excluding s. 794.011(10);
484     (II)  Section 800.04(4)(b) where the victim is under 12
485years of age or where the court finds sexual activity by the use
486of force or coercion;
487     (III)  Section 800.04(5)(c)1. where the court finds
488molestation involving unclothed genitals; or
489     (IV)  Section 800.04(5)(d) where the court finds the use of
490force or coercion and unclothed genitals.
491     2.  For all qualifying offenses listed in sub-subparagraph
492(1)(a)1.d., the court shall make a written finding of the age of
493the offender at the time of the offense.
494
495For each violation of a qualifying offense listed in this
496subsection, the court shall make a written finding of the age of
497the victim at the time of the offense. For a violation of s.
498800.04(4), the court shall additionally make a written finding
499indicating that the offense did or did not involve sexual
500activity and indicating that the offense did or did not involve
501force or coercion. For a violation of s. 800.04(5), the court
502shall additionally make a written finding that the offense did
503or did not involve unclothed genitals or genital area and that
504the offense did or did not involve the use of force or coercion.
505     (g)  "Internet identifier Instant message name" has the
506same meaning as provided in s. 775.21 means an identifier that
507allows a person to communicate in real time with another person
508using the Internet.
509     (2)  A sexual offender shall:
510     (a)  Report in person at the sheriff's office:
511     1.  In the county in which the offender establishes or
512maintains a permanent, temporary, or transient residence within
51348 hours after:
514     a.  Establishing permanent, temporary, or transient
515residence in this state; or
516     b.  Being released from the custody, control, or
517supervision of the Department of Corrections or from the custody
518of a private correctional facility; or
519     2.  In the county where he or she was convicted within 48
520hours after being convicted for a qualifying offense for
521registration under this section if the offender is not in the
522custody or control of, or under the supervision of, the
523Department of Corrections, or is not in the custody of a private
524correctional facility.
525
526Any change in the information required to be provided pursuant
527to paragraph (b), including, but not limited to, any change in
528the sexual offender's permanent, temporary, or transient
529residence, name, all any electronic mail addresses address and
530all Internet identifiers any instant message name required to be
531provided pursuant to paragraph (4)(d), after the sexual offender
532reports in person at the sheriff's office, shall be accomplished
533in the manner provided in subsections (4), (7), and (8).
534     (b)  Provide his or her name; date of birth; social
535security number; race; sex; height; weight; hair and eye color;
536tattoos or other identifying marks; occupation and place of
537employment; address of permanent or legal residence or address
538of any current temporary residence, within the state or out of
539state, including a rural route address and a post office box; if
540no permanent or temporary address, any transient residence
541within the state, address, location or description, and dates of
542any current or known future temporary residence within the state
543or out of state; all home telephone numbers number and any
544cellular telephone numbers number; all any electronic mail
545addresses address and all Internet identifiers any instant
546message name required to be provided pursuant to paragraph
547(4)(d); date and place of each conviction; and a brief
548description of the crime or crimes committed by the offender. A
549post office box shall not be provided in lieu of a physical
550residential address. The sexual offender must also produce or
551provide information about his or her passport, if he or she has
552a passport, and, if he or she is an alien, must produce or
553provide information about documents establishing his or her
554immigration status.
555     1.  If the sexual offender's place of residence is a motor
556vehicle, trailer, mobile home, or manufactured home, as defined
557in chapter 320, the sexual offender shall also provide to the
558department through the sheriff's office written notice of the
559vehicle identification number; the license tag number; the
560registration number; and a description, including color scheme,
561of the motor vehicle, trailer, mobile home, or manufactured
562home. If the sexual offender's place of residence is a vessel,
563live-aboard vessel, or houseboat, as defined in chapter 327, the
564sexual offender shall also provide to the department written
565notice of the hull identification number; the manufacturer's
566serial number; the name of the vessel, live-aboard vessel, or
567houseboat; the registration number; and a description, including
568color scheme, of the vessel, live-aboard vessel, or houseboat.
569     2.  If the sexual offender is enrolled, employed, or
570carrying on a vocation at an institution of higher education in
571this state, the sexual offender shall also provide to the
572department through the sheriff's office the name, address, and
573county of each institution, including each campus attended, and
574the sexual offender's enrollment or employment status. Each
575change in enrollment or employment status shall be reported in
576person at the sheriff's office, within 48 hours after any change
577in status. The sheriff shall promptly notify each institution of
578the sexual offender's presence and any change in the sexual
579offender's enrollment or employment status.
580
581When a sexual offender reports at the sheriff's office, the
582sheriff shall take a photograph and a set of fingerprints of the
583offender and forward the photographs and fingerprints to the
584department, along with the information provided by the sexual
585offender. The sheriff shall promptly provide to the department
586the information received from the sexual offender.
587     (4)(a)  Each time a sexual offender's driver's license or
588identification card is subject to renewal, and, without regard
589to the status of the offender's driver's license or
590identification card, within 48 hours after any change in the
591offender's permanent, temporary, or transient residence or
592change in the offender's name by reason of marriage or other
593legal process, the offender shall report in person to a driver's
594license office, and shall be subject to the requirements
595specified in subsection (3). The Department of Highway Safety
596and Motor Vehicles shall forward to the department all
597photographs and information provided by sexual offenders.
598Notwithstanding the restrictions set forth in s. 322.142, the
599Department of Highway Safety and Motor Vehicles is authorized to
600release a reproduction of a color-photograph or digital-image
601license to the Department of Law Enforcement for purposes of
602public notification of sexual offenders as provided in this
603section and ss. 943.043 and 944.606. A sexual offender who is
604unable to secure or update a driver's license or identification
605card with the Department of Highway Safety and Motor Vehicles as
606provided in subsection (3) and this subsection must also report
607any change in the sexual offender's permanent, temporary, or
608transient residence or change in the offender's name by reason
609of marriage or other legal process within 48 hours after the
610change to the sheriff's office in the county where the offender
611resides or is located and provide confirmation that he or she
612reported such information to Department of Highway Safety and
613Motor Vehicles.
614     (d)  A sexual offender must register all any electronic
615mail addresses and Internet identifiers address or instant
616message name with the department prior to using such electronic
617mail addresses and Internet identifiers address or instant
618message name on or after October 1, 2007. The department shall
619establish an online system through which sexual offenders may
620securely access and update all electronic mail address and
621Internet identifier instant message name information.
622     (7)  A sexual offender who intends to establish a
623permanent, temporary, or transient residence in another state or
624jurisdiction other than the State of Florida shall report in
625person to the sheriff of the county of current residence within
62648 hours before the date he or she intends to leave this state
627to establish residence in another state or jurisdiction or
628within 21 days before his or her planned departure date if the
629intended residence of 7 days or more is outside of the United
630States. The notification must include the address, municipality,
631county, and state, and country of intended residence. The
632sheriff shall promptly provide to the department the information
633received from the sexual offender. The department shall notify
634the statewide law enforcement agency, or a comparable agency, in
635the intended state, or jurisdiction, or country of residence of
636the sexual offender's intended residence. The failure of a
637sexual offender to provide his or her intended place of
638residence is punishable as provided in subsection (9).
639     (8)  A sexual offender who indicates his or her intent to
640establish a permanent, temporary, or transient residence in
641another state, a or jurisdiction other than the State of
642Florida, or another country and later decides to remain in this
643state shall, within 48 hours after the date upon which the
644sexual offender indicated he or she would leave this state,
645report in person to the sheriff to which the sexual offender
646reported the intended change of permanent, temporary, or
647transient residence, and report his or her intent to remain in
648this state. The sheriff shall promptly report this information
649to the department. A sexual offender who reports his or her
650intent to establish a permanent, temporary, or transient
651residence in another state, a or jurisdiction other than the
652State of Florida, or another country but who remains in this
653state without reporting to the sheriff in the manner required by
654this subsection commits a felony of the second degree,
655punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
656     (14)
657     (c)  The sheriff's office may determine the appropriate
658times and days for reporting by the sexual offender, which shall
659be consistent with the reporting requirements of this
660subsection. Reregistration shall include any changes to the
661following information:
662     1.  Name; social security number; age; race; sex; date of
663birth; height; weight; hair and eye color; address of any
664permanent residence and address of any current temporary
665residence, within the state or out of state, including a rural
666route address and a post office box; if no permanent or
667temporary address, any transient residence within the state;
668address, location or description, and dates of any current or
669known future temporary residence within the state or out of
670state; all any electronic mail addresses address and all
671Internet identifiers any instant message name required to be
672provided pursuant to paragraph (4)(d); all home telephone
673numbers number and all any cellular telephone numbers number;
674date and place of any employment; vehicle make, model, color,
675and license tag number; fingerprints; and photograph. A post
676office box shall not be provided in lieu of a physical
677residential address. The sexual offender must also produce or
678provide information about his or her passport, if he or she has
679a passport, and, if he or she is an alien, must produce or
680provide information about documents establishing his or her
681immigration status.
682     2.  If the sexual offender is enrolled, employed, or
683carrying on a vocation at an institution of higher education in
684this state, the sexual offender shall also provide to the
685department the name, address, and county of each institution,
686including each campus attended, and the sexual offender's
687enrollment or employment status.
688     3.  If the sexual offender's place of residence is a motor
689vehicle, trailer, mobile home, or manufactured home, as defined
690in chapter 320, the sexual offender shall also provide the
691vehicle identification number; the license tag number; the
692registration number; and a description, including color scheme,
693of the motor vehicle, trailer, mobile home, or manufactured
694home. If the sexual offender's place of residence is a vessel,
695live-aboard vessel, or houseboat, as defined in chapter 327, the
696sexual offender shall also provide the hull identification
697number; the manufacturer's serial number; the name of the
698vessel, live-aboard vessel, or houseboat; the registration
699number; and a description, including color scheme, of the
700vessel, live-aboard vessel or houseboat.
701     4.  Any sexual offender who fails to report in person as
702required at the sheriff's office, or who fails to respond to any
703address verification correspondence from the department within 3
704weeks of the date of the correspondence or who fails to report
705all electronic mail addresses and all Internet identifiers or
706instant message names, commits a felony of the third degree,
707punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
708     Section 4.  Section 943.04351, Florida Statutes, is amended
709to read:
710     943.04351  Search of registration information regarding
711sexual predators and sexual offenders required prior to
712appointment or employment.-A state agency or governmental
713subdivision, prior to making any decision to appoint or employ a
714person to work, whether for compensation or as a volunteer, at
715any park, playground, day care center, or other place where
716children regularly congregate, must conduct a search of that
717person's name or other identifying information against the
718registration information regarding sexual predators and sexual
719offenders maintained by the Department of Law Enforcement under
720s. 943.043. The agency or governmental subdivision may conduct
721the search using the Internet site maintained by the Department
722of Law Enforcement. Also, a national search must be conducted
723through the Dru Sjodin National Sex Offender Public Website
724maintained by the United States Department of Justice. This
725section does not apply to those positions or appointments within
726a state agency or governmental subdivision for which a state and
727national criminal history background check is conducted.
728     Section 5.  Section 943.04354, Florida Statutes, is amended
729to read:
730     943.04354  Removal of the requirement to register as a
731sexual offender or sexual predator in special circumstances.-
732     (1)  For purposes of this section, a person shall be
733considered for removal of the requirement to register as a
734sexual offender or sexual predator only if the person:
735     (a)  Was or will be convicted or adjudicated delinquent of
736a violation of s. 794.011, s. 800.04, s. 827.071, or s.
737847.0135(5) or the person committed a violation of s. 794.011,
738s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
739of guilt was or will be withheld, and the person does not have
740any other conviction, adjudication of delinquency, or withhold
741of adjudication of guilt for a violation of s. 794.011, s.
742800.04, s. 827.071, or s. 847.0135(5);
743     (b)  Is required to register as a sexual offender or sexual
744predator solely on the basis of this violation; and
745     (c)  Is not more than 4 years older than the victim of this
746violation who was 13 14 years of age or older but not more than
74718 17 years of age at the time the person committed this
748violation.
749     (2)  If a person meets the criteria in subsection (1) and
750the violation of s. 794.011, s. 800.04, s. 827.071, or s.
751847.0135(5) was committed on or after July 1, 2007, the person
752may move the court that will sentence or dispose of this
753violation to remove the requirement that the person register as
754a sexual offender or sexual predator. The person must allege in
755the motion that he or she meets the criteria in subsection (1)
756and that removal of the registration requirement will not
757conflict with federal law. The state attorney must be given
758notice of the motion at least 21 days before the date of
759sentencing or disposition of this violation and may present
760evidence in opposition to the requested relief or may otherwise
761demonstrate why the motion should be denied. At sentencing or
762disposition of this violation, the court shall rule on this
763motion and, if the court determines the person meets the
764criteria in subsection (1) and the removal of the registration
765requirement will not conflict with federal law, it may grant the
766motion and order the removal of the registration requirement. If
767the court denies the motion, the person is not authorized under
768this section to petition for removal of the registration
769requirement.
770     (3)(a)  This subsection applies to a person who:
771     1.  Is not a person described in subsection (2) because the
772violation of s. 794.011, s. 800.04, or s. 827.071 was not
773committed on or after July 1, 2007;
774     1.2.  Is subject to registration as a sexual offender or
775sexual predator for a violation of s. 794.011, s. 800.04, or s.
776827.071; and
777     2.3.  Meets the criteria in subsection (1).
778     (b)  A person may petition the court in which the sentence
779or disposition for the violation of s. 794.011, s. 800.04, or s.
780827.071 occurred for removal of the requirement to register as a
781sexual offender or sexual predator. The person must allege in
782the petition that he or she meets the criteria in subsection (1)
783and removal of the registration requirement will not conflict
784with federal law. The state attorney must be given notice of the
785petition at least 21 days before the hearing on the petition and
786may present evidence in opposition to the requested relief or
787may otherwise demonstrate why the petition should be denied. The
788court shall rule on the petition and, if the court determines
789the person meets the criteria in subsection (1) and removal of
790the registration requirement will not conflict with federal law,
791it may grant the petition and order the removal of the
792registration requirement. If the court denies the petition, the
793person is not authorized under this section to file any further
794petition for removal of the registration requirement.
795     (4)  If a person provides to the Department of Law
796Enforcement a certified copy of the court's order removing the
797requirement that the person register as a sexual offender or
798sexual predator for the violation of s. 794.011, s. 800.04, s.
799827.071, or s. 847.0135(5), the registration requirement will
800not apply to the person and the department shall remove all
801information about the person from the public registry of sexual
802offenders and sexual predators maintained by the department.
803However, the removal of this information from the public
804registry does not mean that the public is denied access to
805information about the person's criminal history or record that
806is otherwise available as a public record.
807     Section 6.  Subsection (2) and paragraph (a) of subsection
808(3) of section 943.0437, Florida Statutes, are amended to read:
809     943.0437  Commercial social networking websites.-
810     (2)  The department may provide information relating to
811electronic mail addresses and Internet identifiers instant
812message names maintained as part of the sexual offender registry
813to commercial social networking websites or third parties
814designated by commercial social networking websites. The
815commercial social networking website may use this information
816for the purpose of comparing registered users and screening
817potential users of the commercial social networking website
818against the list of electronic mail addresses and Internet
819identifiers instant message names provided by the department.
820     (3)  This section shall not be construed to impose any
821civil liability on a commercial social networking website for:
822     (a)  Any action voluntarily taken in good faith to remove
823or disable any profile of a registered user associated with an
824electronic mail address or Internet identifier instant message
825name contained in the sexual offender registry.
826     Section 7.  Paragraphs (b) and (d) of subsection (1) and
827paragraph (a) of subsection (3) of section 944.606, Florida
828Statutes, are amended to read:
829     944.606  Sexual offenders; notification upon release.-
830     (1)  As used in this section:
831     (b)  "Sexual offender" means a person who has been
832convicted of committing, or attempting, soliciting, or
833conspiring to commit, any of the criminal offenses proscribed in
834the following statutes in this state or similar offenses in
835another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
836where the victim is a minor and the defendant is not the
837victim's parent or guardian; s. 794.011, excluding s.
838794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
839825.1025; s. 826.04 where the victim is a minor and the
840defendant is 18 years of age or older; s. 827.071; s. 847.0133;
841s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
842s. 847.0145; or s. 985.701(1); or any similar offense committed
843in this state which has been redesignated from a former statute
844number to one of those listed in this subsection, when the
845department has received verified information regarding such
846conviction; an offender's computerized criminal history record
847is not, in and of itself, verified information.
848     (d)  "Internet identifier Instant message name" has the
849same meaning as provided in s. 775.21 means an identifier that
850allows a person to communicate in real time with another person
851using the Internet.
852     (3)(a)  The department must provide information regarding
853any sexual offender who is being released after serving a period
854of incarceration for any offense, as follows:
855     1.  The department must provide: the sexual offender's
856name, any change in the offender's name by reason of marriage or
857other legal process, and any alias, if known; the correctional
858facility from which the sexual offender is released; the sexual
859offender's social security number, race, sex, date of birth,
860height, weight, and hair and eye color; address of any planned
861permanent residence or temporary residence, within the state or
862out of state, including a rural route address and a post office
863box; if no permanent or temporary address, any transient
864residence within the state; address, location or description,
865and dates of any known future temporary residence within the
866state or out of state; date and county of sentence and each
867crime for which the offender was sentenced; a copy of the
868offender's fingerprints and a digitized photograph taken within
86960 days before release; the date of release of the sexual
870offender; all any electronic mail addresses address and all
871Internet identifiers any instant message name required to be
872provided pursuant to s. 943.0435(4)(d); all and home telephone
873numbers number and any cellular telephone numbers; and passport
874information, if he or she has a passport, and, if he or she is
875an alien, information about documents establishing his or her
876immigration status number. The department shall notify the
877Department of Law Enforcement if the sexual offender escapes,
878absconds, or dies. If the sexual offender is in the custody of a
879private correctional facility, the facility shall take the
880digitized photograph of the sexual offender within 60 days
881before the sexual offender's release and provide this photograph
882to the Department of Corrections and also place it in the sexual
883offender's file. If the sexual offender is in the custody of a
884local jail, the custodian of the local jail shall register the
885offender within 3 business days after intake of the offender for
886any reason and upon release, and shall notify the Department of
887Law Enforcement of the sexual offender's release and provide to
888the Department of Law Enforcement the information specified in
889this paragraph and any information specified in subparagraph 2.
890that the Department of Law Enforcement requests.
891     2.  The department may provide any other information deemed
892necessary, including criminal and corrections records,
893nonprivileged personnel and treatment records, when available.
894     Section 8.  Paragraphs (a) and (f) of subsection (1),
895paragraph (a) of subsection (4), paragraph (b) of subsection
896(6), and paragraph (c) of subsection (13) of section 944.607,
897Florida Statutes, are amended to read:
898     944.607  Notification to Department of Law Enforcement of
899information on sexual offenders.-
900     (1)  As used in this section, the term:
901     (a)  "Sexual offender" means a person who is in the custody
902or control of, or under the supervision of, the department or is
903in the custody of a private correctional facility:
904     1.  On or after October 1, 1997, as a result of a
905conviction for committing, or attempting, soliciting, or
906conspiring to commit, any of the criminal offenses proscribed in
907the following statutes in this state or similar offenses in
908another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
909where the victim is a minor and the defendant is not the
910victim's parent or guardian; s. 794.011, excluding s.
911794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
912825.1025; s. 826.04 where the victim is a minor and the
913defendant is 18 years of age or older; s. 827.071; s. 847.0133;
914s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
915s. 847.0145; or s. 985.701(1); or any similar offense committed
916in this state which has been redesignated from a former statute
917number to one of those listed in this paragraph; or
918     2.  Who establishes or maintains a residence in this state
919and who has not been designated as a sexual predator by a court
920of this state but who has been designated as a sexual predator,
921as a sexually violent predator, or by another sexual offender
922designation in another state or jurisdiction and was, as a
923result of such designation, subjected to registration or
924community or public notification, or both, or would be if the
925person were a resident of that state or jurisdiction, without
926regard as to whether the person otherwise meets the criteria for
927registration as a sexual offender.
928     (f)  "Internet identifier Instant message name" has the
929same meaning as provided in s. 775.21 means an identifier that
930allows a person to communicate in real time with another person
931using the Internet.
932     (4)  A sexual offender, as described in this section, who
933is under the supervision of the Department of Corrections but is
934not incarcerated must register with the Department of
935Corrections within 3 business days after sentencing for a
936registrable offense and otherwise provide information as
937required by this subsection.
938     (a)  The sexual offender shall provide his or her name;
939date of birth; social security number; race; sex; height;
940weight; hair and eye color; tattoos or other identifying marks;
941all any electronic mail addresses address and all Internet
942identifiers any instant message name required to be provided
943pursuant to s. 943.0435(4)(d); permanent or legal residence and
944address of temporary residence within the state or out of state
945while the sexual offender is under supervision in this state,
946including any rural route address or post office box; if no
947permanent or temporary address, any transient residence within
948the state; and address, location or description, and dates of
949any current or known future temporary residence within the state
950or out of state. The sexual offender must also produce or
951provide information about his or her passport, if he or she has
952a passport, and, if he or she is an alien, must produce or
953provide information about documents establishing his or her
954immigration status. The Department of Corrections shall verify
955the address of each sexual offender in the manner described in
956ss. 775.21 and 943.0435. The department shall report to the
957Department of Law Enforcement any failure by a sexual predator
958or sexual offender to comply with registration requirements.
959     (6)  The information provided to the Department of Law
960Enforcement must include:
961     (b)  The sexual offender's most current address, place of
962permanent, temporary, or transient residence within the state or
963out of state, and address, location or description, and dates of
964any current or known future temporary residence within the state
965or out of state, while the sexual offender is under supervision
966in this state, including the name of the county or municipality
967in which the offender permanently or temporarily resides, or has
968a transient residence, and address, location or description, and
969dates of any current or known future temporary residence within
970the state or out of state, and, if known, the intended place of
971permanent, temporary, or transient residence, and address,
972location or description, and dates of any current or known
973future temporary residence within the state or out of state upon
974satisfaction of all sanctions. The sexual offender must also
975produce or provide information about his or her passport, if he
976or she has a passport, and, if he or she is an alien, must
977produce or provide information about documents establishing his
978or her immigration status;
979
980If any information provided by the department changes during the
981time the sexual offender is under the department's control,
982custody, or supervision, including any change in the offender's
983name by reason of marriage or other legal process, the
984department shall, in a timely manner, update the information and
985provide it to the Department of Law Enforcement in the manner
986prescribed in subsection (2).
987     (13)
988     (c)  The sheriff's office may determine the appropriate
989times and days for reporting by the sexual offender, which shall
990be consistent with the reporting requirements of this
991subsection. Reregistration shall include any changes to the
992following information:
993     1.  Name; social security number; age; race; sex; date of
994birth; height; weight; hair and eye color; address of any
995permanent residence and address of any current temporary
996residence, within the state or out of state, including a rural
997route address and a post office box; if no permanent or
998temporary address, any transient residence; address, location or
999description, and dates of any current or known future temporary
1000residence within the state or out of state; all any electronic
1001mail addresses address and all Internet identifiers any instant
1002message name required to be provided pursuant to s.
1003943.0435(4)(d); date and place of any employment; vehicle make,
1004model, color, and license tag number; fingerprints; and
1005photograph. A post office box shall not be provided in lieu of a
1006physical residential address. The sexual offender must also
1007produce or provide information about his or her passport, if he
1008or she has a passport, and, if he or she is an alien, must
1009produce or provide information about documents establishing his
1010or her immigration status.
1011     2.  If the sexual offender is enrolled, employed, or
1012carrying on a vocation at an institution of higher education in
1013this state, the sexual offender shall also provide to the
1014department the name, address, and county of each institution,
1015including each campus attended, and the sexual offender's
1016enrollment or employment status.
1017     3.  If the sexual offender's place of residence is a motor
1018vehicle, trailer, mobile home, or manufactured home, as defined
1019in chapter 320, the sexual offender shall also provide the
1020vehicle identification number; the license tag number; the
1021registration number; and a description, including color scheme,
1022of the motor vehicle, trailer, mobile home, or manufactured
1023home. If the sexual offender's place of residence is a vessel,
1024live-aboard vessel, or houseboat, as defined in chapter 327, the
1025sexual offender shall also provide the hull identification
1026number; the manufacturer's serial number; the name of the
1027vessel, live-aboard vessel, or houseboat; the registration
1028number; and a description, including color scheme, of the
1029vessel, live-aboard vessel or houseboat.
1030     4.  Any sexual offender who fails to report in person as
1031required at the sheriff's office, or who fails to respond to any
1032address verification correspondence from the department within 3
1033weeks of the date of the correspondence, or who fails to report
1034all electronic mail addresses and all Internet identifiers or
1035instant message names, commits a felony of the third degree,
1036punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1037     Section 9.  Subsection (11) of section 947.005, Florida
1038Statutes, is amended to read:
1039     947.005  Definitions.-As used in this chapter, unless the
1040context clearly indicates otherwise:
1041     (11)  "Risk assessment" means an assessment completed by a
1042an independent qualified practitioner to evaluate the level of
1043risk associated when a sex offender has contact with a child.
1044     Section 10.  Section 948.31, Florida Statutes, is amended
1045to read:
1046     948.31  Evaluation and treatment of sexual predators and
1047offenders on probation or community control.-Conditions imposed
1048pursuant to this section do not require oral pronouncement at
1049the time of sentencing and shall be considered standard
1050conditions of probation or community control for offenders
1051specified in this section. The court shall require an evaluation
1052by a qualified practitioner to determine the need of a
1053probationer or community controllee for treatment. If the court
1054determines that a need therefor is established by the evaluation
1055process, the court shall require sexual offender treatment as a
1056term or condition of probation or community control for any
1057person who is required to register as a sexual predator under s.
1058775.21 or sexual offender under s. 943.0435, s. 944.606, or s.
1059944.607. Such treatment shall be required to be obtained from a
1060qualified practitioner as defined in s. 948.001. Treatment may
1061not be administered by a qualified practitioner who has been
1062convicted or adjudicated delinquent of committing, or
1063attempting, soliciting, or conspiring to commit, any offense
1064that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1065impose a restriction against contact with minors if sexual
1066offender treatment is recommended. The evaluation and
1067recommendations for treatment of the probationer or community
1068controllee shall be provided to the court for review.
1069     Section 11.  Paragraph (a) of subsection (3) of section
1070985.481, Florida Statutes, is amended to read:
1071     985.481  Sexual offenders adjudicated delinquent;
1072notification upon release.-
1073     (3)(a)  The department must provide information regarding
1074any sexual offender who is being released after serving a period
1075of residential commitment under the department for any offense,
1076as follows:
1077     1.  The department must provide the sexual offender's name,
1078any change in the offender's name by reason of marriage or other
1079legal process, and any alias, if known; the correctional
1080facility from which the sexual offender is released; the sexual
1081offender's social security number, race, sex, date of birth,
1082height, weight, and hair and eye color; address of any planned
1083permanent residence or temporary residence, within the state or
1084out of state, including a rural route address and a post office
1085box; if no permanent or temporary address, any transient
1086residence within the state; address, location or description,
1087and dates of any known future temporary residence within the
1088state or out of state; date and county of disposition and each
1089crime for which there was a disposition; a copy of the
1090offender's fingerprints and a digitized photograph taken within
109160 days before release; the date of release of the sexual
1092offender; all and home telephone numbers number and any cellular
1093telephone numbers; and passport information, if he or she has a
1094passport, and, if he or she is an alien, information about
1095documents establishing his or her immigration status number. The
1096department shall notify the Department of Law Enforcement if the
1097sexual offender escapes, absconds, or dies. If the sexual
1098offender is in the custody of a private correctional facility,
1099the facility shall take the digitized photograph of the sexual
1100offender within 60 days before the sexual offender's release and
1101also place it in the sexual offender's file. If the sexual
1102offender is in the custody of a local jail, the custodian of the
1103local jail shall register the offender within 3 business days
1104after intake of the offender for any reason and upon release,
1105and shall notify the Department of Law Enforcement of the sexual
1106offender's release and provide to the Department of Law
1107Enforcement the information specified in this subparagraph and
1108any information specified in subparagraph 2. which the
1109Department of Law Enforcement requests.
1110     2.  The department may provide any other information
1111considered necessary, including criminal and delinquency
1112records, when available.
1113     Section 12.  Paragraph (a) of subsection (4), paragraph (a)
1114of subsection (6), and paragraph (b) of subsection (13) of
1115section 985.4815, Florida Statutes, are amended to read:
1116     985.4815  Notification to Department of Law Enforcement of
1117information on juvenile sexual offenders.-
1118     (4)  A sexual offender, as described in this section, who
1119is under the supervision of the department but who is not
1120committed must register with the department within 3 business
1121days after adjudication and disposition for a registrable
1122offense and otherwise provide information as required by this
1123subsection.
1124     (a)  The sexual offender shall provide his or her name;
1125date of birth; social security number; race; sex; height;
1126weight; hair and eye color; tattoos or other identifying marks;
1127permanent or legal residence and address of temporary residence
1128within the state or out of state while the sexual offender is in
1129the care or custody or under the jurisdiction or supervision of
1130the department in this state, including any rural route address
1131or post office box; if no permanent or temporary address, any
1132transient residence; address, location or description, and dates
1133of any current or known future temporary residence within the
1134state or out of state; passport information, if he or she has a
1135passport, and, if he or she is an alien, information about
1136documents establishing his or her immigration status; and the
1137name and address of each school attended. The department shall
1138verify the address of each sexual offender and shall report to
1139the Department of Law Enforcement any failure by a sexual
1140offender to comply with registration requirements.
1141     (6)(a)  The information provided to the Department of Law
1142Enforcement must include the following:
1143     1.  The information obtained from the sexual offender under
1144subsection (4).
1145     2.  The sexual offender's most current address and place of
1146permanent, temporary, or transient residence within the state or
1147out of state, and address, location or description, and dates of
1148any current or known future temporary residence within the state
1149or out of state, while the sexual offender is in the care or
1150custody or under the jurisdiction or supervision of the
1151department in this state, including the name of the county or
1152municipality in which the offender permanently or temporarily
1153resides, or has a transient residence, and address, location or
1154description, and dates of any current or known future temporary
1155residence within the state or out of state; and, if known, the
1156intended place of permanent, temporary, or transient residence,
1157and address, location or description, and dates of any current
1158or known future temporary residence within the state or out of
1159state upon satisfaction of all sanctions. The sexual offender
1160must also produce or provide information about his or her
1161passport, if he or she has a passport, and, if he or she is an
1162alien, must produce or provide information about documents
1163establishing his or her immigration status.
1164     3.  The legal status of the sexual offender and the
1165scheduled termination date of that legal status.
1166     4.  The location of, and local telephone number for, any
1167department office that is responsible for supervising the sexual
1168offender.
1169     5.  An indication of whether the victim of the offense that
1170resulted in the offender's status as a sexual offender was a
1171minor.
1172     6.  The offense or offenses at adjudication and disposition
1173that resulted in the determination of the offender's status as a
1174sex offender.
1175     7.  A digitized photograph of the sexual offender, which
1176must have been taken within 60 days before the offender was
1177released from the custody of the department or a private
1178correctional facility by expiration of sentence under s.
1179944.275, or within 60 days after the onset of the department's
1180supervision of any sexual offender who is on probation,
1181postcommitment probation, residential commitment, nonresidential
1182commitment, licensed child-caring commitment, community control,
1183conditional release, parole, provisional release, or control
1184release or who is supervised by the department under the
1185Interstate Compact Agreement for Probationers and Parolees. If
1186the sexual offender is in the custody of a private correctional
1187facility, the facility shall take a digitized photograph of the
1188sexual offender within the time period provided in this
1189subparagraph and shall provide the photograph to the department.
1190     (13)
1191     (b)  The sheriff's office may determine the appropriate
1192times and days for reporting by the sexual offender, which shall
1193be consistent with the reporting requirements of this
1194subsection. Reregistration shall include any changes to the
1195following information:
1196     1.  Name; social security number; age; race; sex; date of
1197birth; height; weight; hair and eye color; address of any
1198permanent residence and address of any current temporary
1199residence, within the state or out of state, including a rural
1200route address and a post office box; if no permanent or
1201temporary address, any transient residence; address, location or
1202description, and dates of any current or known future temporary
1203residence within the state or out of state; passport
1204information, if he or she has a passport, and, if he or she is
1205an alien, information about documents establishing his or her
1206immigration status; name and address of each school attended;
1207date and place of any employment; vehicle make, model, color,
1208and license tag number; fingerprints; and photograph. A post
1209office box shall not be provided in lieu of a physical
1210residential address.
1211     2.  If the sexual offender is enrolled, employed, or
1212carrying on a vocation at an institution of higher education in
1213this state, the sexual offender shall also provide to the
1214department the name, address, and county of each institution,
1215including each campus attended, and the sexual offender's
1216enrollment or employment status.
1217     3.  If the sexual offender's place of residence is a motor
1218vehicle, trailer, mobile home, or manufactured home, as defined
1219in chapter 320, the sexual offender shall also provide the
1220vehicle identification number; the license tag number; the
1221registration number; and a description, including color scheme,
1222of the motor vehicle, trailer, mobile home, or manufactured
1223home. If the sexual offender's place of residence is a vessel,
1224live-aboard vessel, or houseboat, as defined in chapter 327, the
1225sexual offender shall also provide the hull identification
1226number; the manufacturer's serial number; the name of the
1227vessel, live-aboard vessel, or houseboat; the registration
1228number; and a description, including color scheme, of the
1229vessel, live-aboard vessel, or houseboat.
1230     4.  Any sexual offender who fails to report in person as
1231required at the sheriff's office, or who fails to respond to any
1232address verification correspondence from the department within 3
1233weeks after the date of the correspondence, commits a felony of
1234the third degree, punishable as provided in ss. 775.082,
1235775.083, and 775.084.
1236     Section 13.  If any provision of this act or its
1237application to any person or circumstance is held invalid, the
1238invalidity does not affect other provisions or applications of
1239this act which can be given effect without the invalid provision
1240or application, and to this end the provisions of this act are
1241severable.
1242     Section 14.  This act shall take effect April 20, 2012.


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