CS/CS/CS/HB 1277

1	A bill to be entitled
2	An act relating to sexual offenses; amending s. 775.21,
3	F.S.; replacing the definition of the term "instant
4	message name" with the definition of the term "Internet
5	identifier"; providing that voluntary disclosure of
6	specified information waives a disclosure exemption for
7	such information; conforming provisions; requiring
8	disclosure of passport and immigration status information;
9	requiring that a sexual predator who is unable to secure
10	or update a driver's license or identification card within
11	a specified period must report specified information to
12	the local sheriff's office within a specified period after
13	such change with confirmation that he or she also reported
14	such information to the Department of Highway Safety and
15	Motor Vehicles; revising reporting requirements if a
16	sexual predator plans to leave the United States for more
17	than a specified period; creating s. 847.0141, F.S.;
18	prohibiting a minor's intentional or knowing use of an
19	electronic communication device to transmit, distribute,
20	or display a visual depiction of himself or herself that
21	depicts nudity and is harmful to minors; providing
22	penalties; prohibiting a minor's intentional or knowing
23	possession of a visual depiction of another minor that
24	depicts nudity and is harmful to minors; providing an
25	exception; providing penalties; providing duties for law
26	enforcement officers; providing for prosecution of a minor
27	under other provisions; amending s. 943.0435, F.S.;
28	replacing the definition of the term "instant message
29	name" with the definition of the term "Internet
30	identifier"; conforming provisions; requiring disclosure
31	of passport and immigration status information; requiring
32	that a sexual predator who is unable to secure or update a
33	driver's license or identification card within a specified
34	period must report specified information to the local
35	sheriff's office within a specified period of such change
36	with confirmation that he or she also reported such
37	information to the Department of Highway Safety and Motor
38	Vehicles; providing additional requirements for sexual
39	offenders intending to reside outside of the United
40	States; amending s. 943.04351, F.S.; requiring a specified
41	national search of registration information regarding
42	sexual predators and sexual offenders prior to appointment
43	or employment of persons by state agencies and
44	governmental subdivisions; amending s. 943.04354, F.S.;
45	revising the age range applicable to provisions allowing
46	removal of the requirement to register as a sexual
47	offender or sexual predator in certain circumstances;
48	revising eligibility requirements for removal of the
49	requirement to register as a sexual offender or sexual
50	predator; amending s. 943.0437, F.S.; replacing the
51	definition of the term "instant message name" with the
52	definition of the term "Internet identifier"; conforming
53	provisions; amending ss. 944.606 and 944.607, F.S.;
54	replacing the definition of the term "instant message
55	name" with the definition of the term "Internet
56	identifier"; conforming provisions; requiring disclosure
57	of passport and immigration status information; amending
58	s. 947.005, F.S.; revising the definition of the term
59	"risk assessment"; amending s. 948.31, F.S.; providing
60	that conditions imposed under that section do not require
61	oral pronouncement at the time of sentencing and shall be
62	considered standard conditions of probation or community
63	control for certain offenders; removing a provision
64	prohibiting contact with minors if sexual offender
65	treatment is recommended; amending ss. 985.481 and
66	985.4815, F.S.; requiring disclosure of passport and
67	immigration status information by certain sexual offenders
68	adjudicated delinquent and certain juvenile sexual
69	offenders; providing a short title; amending s. 39.001,
70	F.S.; providing legislative intent and goals; conforming
71	cross-references; amending s. 39.01, F.S.; revising the
72	definitions of the terms "abuse," "child who is found to
73	be dependent," and "sexual abuse of a child"; amending s.
74	39.401, F.S.; requiring delivery of children alleged to be
75	dependent and sexually exploited to short-term safe
76	houses; amending s. 39.402, F.S.; providing for a
77	presumption that placement of a child alleged to have been
78	sexually exploited in a short-term safe house is
79	necessary; providing requirements for findings in a
80	shelter hearing relating to placement of an allegedly
81	sexually exploited child in a short-term safe house;
82	amending s. 39.521, F.S.; providing for a presumption that
83	placement of a child alleged to have been sexually
84	exploited in a safe house is necessary; creating s.
85	39.524, F.S.; requiring assessment of certain children for
86	placement in a safe house; providing for use of such
87	assessments; providing requirements for safe houses
88	receiving such children; requiring an annual report
89	concerning safe-house placements; creating s. 409.1678,
90	F.S.; providing definitions; requiring circuits of the
91	Department of Children and Family Services to address
92	child welfare service needs of sexually exploited children
93	as a component of their master plans; providing duties,
94	responsibilities, and requirements for safe houses and
95	their operators; providing for training for law
96	enforcement officials who are likely to encounter sexually
97	exploited children; amending s. 796.07, F.S.; providing
98	for an increased civil penalty for soliciting another to
99	commit prostitution or related acts; providing for
100	disposition of proceeds; amending s. 960.065, F.S.;
101	allowing victim compensation for sexually exploited
102	children; amending s. 985.115, F.S.; conforming a
103	provision to changes made by the act; amending ss. 985.145
104	and 985.15, F.S.; providing a presumption against filing a
105	delinquency petition for certain prostitution-related
106	offenses in certain circumstances; providing severability;
107	providing effective dates.
108
109	Be It Enacted by the Legislature of the State of Florida:
110
111	Section 1.  Paragraph (i) of subsection (2), paragraphs
112	(a), (e), (g), (i), and (j) of subsection (6), paragraph (a) of
113	subsection (8), and paragraph (a) of subsection (10) of section
114	775.21, Florida Statutes, are amended to read:
115	775.21  The Florida Sexual Predators Act.-
116	(2)  DEFINITIONS.-As used in this section, the term:
117	(i)  "Internet identifier Instant message name" means all
118	electronic mail, chat, instant messenger, social networking, or
119	similar name used for Internet communication, but does not
120	include a date of birth, social security number, or personal
121	identification number (PIN) an identifier that allows a person
122	to communicate in real time with another person using the
123	Internet. Voluntary disclosure by the sexual predator of his or
124	her date of birth, social security number, or personal
125	identification number (PIN) as an Internet identifier waives the
126	disclosure exemption in this paragraph for such personal
127	information.
128	(6)  REGISTRATION.-
129	(a)  A sexual predator must register with the department
130	through the sheriff's office by providing the following
131	information to the department:
132	1.  Name; social security number; age; race; sex; date of
133	birth; height; weight; hair and eye color; photograph; address
134	of legal residence and address of any current temporary
135	residence, within the state or out of state, including a rural
136	route address and a post office box; if no permanent or
137	temporary address, any transient residence within the state;
138	address, location or description, and dates of any current or
139	known future temporary residence within the state or out of
140	state; all any electronic mail addresses address and all
141	Internet identifiers any instant message name required to be
142	provided pursuant to subparagraph (g)4.; all home telephone
143	numbers number and any cellular telephone numbers number; date
144	and place of any employment; date and place of each conviction;
145	fingerprints; and a brief description of the crime or crimes
146	committed by the offender. A post office box shall not be
147	provided in lieu of a physical residential address. The sexual
148	predator must also produce or provide information about his or
149	her passport, if he or she has a passport, and, if he or she is
150	an alien, must produce or provide information about documents
151	establishing his or her immigration status.
152	a.  If the sexual predator's place of residence is a motor
153	vehicle, trailer, mobile home, or manufactured home, as defined
154	in chapter 320, the sexual predator shall also provide to the
155	department written notice of the vehicle identification number;
156	the license tag number; the registration number; and a
157	description, including color scheme, of the motor vehicle,
158	trailer, mobile home, or manufactured home. If a sexual
159	predator's place of residence is a vessel, live-aboard vessel,
160	or houseboat, as defined in chapter 327, the sexual predator
161	shall also provide to the department written notice of the hull
162	identification number; the manufacturer's serial number; the
163	name of the vessel, live-aboard vessel, or houseboat; the
164	registration number; and a description, including color scheme,
165	of the vessel, live-aboard vessel, or houseboat.
166	b.  If the sexual predator is enrolled, employed, or
167	carrying on a vocation at an institution of higher education in
168	this state, the sexual predator shall also provide to the
169	department the name, address, and county of each institution,
170	including each campus attended, and the sexual predator's
171	enrollment or employment status. Each change in enrollment or
172	employment status shall be reported in person at the sheriff's
173	office, or the Department of Corrections if the sexual predator
174	is in the custody or control of or under the supervision of the
175	Department of Corrections, within 48 hours after any change in
176	status. The sheriff or the Department of Corrections shall
177	promptly notify each institution of the sexual predator's
178	presence and any change in the sexual predator's enrollment or
179	employment status.
180	2.  Any other information determined necessary by the
181	department, including criminal and corrections records;
182	nonprivileged personnel and treatment records; and evidentiary
183	genetic markers when available.
184	(e)1.  If the sexual predator is not in the custody or
185	control of, or under the supervision of, the Department of
186	Corrections or is not in the custody of a private correctional
187	facility, the sexual predator shall register in person:
188	a.  At the sheriff's office in the county where he or she
189	establishes or maintains a residence within 48 hours after
190	establishing or maintaining a residence in this state; and
191	b.  At the sheriff's office in the county where he or she
192	was designated a sexual predator by the court within 48 hours
193	after such finding is made.
194	2.  Any change in the sexual predator's permanent or
195	temporary residence, name, or all any electronic mail addresses
196	address and all Internet identifiers any instant message name
197	required to be provided pursuant to subparagraph (g)4., after
198	the sexual predator registers in person at the sheriff's office
199	as provided in subparagraph 1., shall be accomplished in the
200	manner provided in paragraphs (g), (i), and (j). When a sexual
201	predator registers with the sheriff's office, the sheriff shall
202	take a photograph and a set of fingerprints of the predator and
203	forward the photographs and fingerprints to the department,
204	along with the information that the predator is required to
205	provide pursuant to this section.
206	(g)1.  Each time a sexual predator's driver's license or
207	identification card is subject to renewal, and, without regard
208	to the status of the predator's driver's license or
209	identification card, within 48 hours after any change of the
210	predator's residence or change in the predator's name by reason
211	of marriage or other legal process, the predator shall report in
212	person to a driver's license office and shall be subject to the
213	requirements specified in paragraph (f). The Department of
214	Highway Safety and Motor Vehicles shall forward to the
215	department and to the Department of Corrections all photographs
216	and information provided by sexual predators. Notwithstanding
217	the restrictions set forth in s. 322.142, the Department of
218	Highway Safety and Motor Vehicles is authorized to release a
219	reproduction of a color-photograph or digital-image license to
220	the Department of Law Enforcement for purposes of public
221	notification of sexual predators as provided in this section. A
222	sexual predator who is unable to secure or update a driver's
223	license or identification card with the Department of Highway
224	Safety and Motor Vehicles as provided in paragraph (f) and this
225	paragraph must also report any change of the predator's
226	residence or change in the predator's name by reason of marriage
227	or other legal process within 48 hours after the change to the
228	sheriff's office in the county where the predator resides or is
229	located and provide confirmation that he or she reported such
230	information to the Department of Highway Safety and Motor
231	Vehicles.
232	2.  A sexual predator who vacates a permanent, temporary,
233	or transient residence and fails to establish or maintain
234	another permanent, temporary, or transient residence shall,
235	within 48 hours after vacating the permanent, temporary, or
236	transient residence, report in person to the sheriff's office of
237	the county in which he or she is located. The sexual predator
238	shall specify the date upon which he or she intends to or did
239	vacate such residence. The sexual predator must provide or
240	update all of the registration information required under
241	paragraph (a). The sexual predator must provide an address for
242	the residence or other place that he or she is or will be
243	located during the time in which he or she fails to establish or
244	maintain a permanent or temporary residence.
245	3.  A sexual predator who remains at a permanent,
246	temporary, or transient residence after reporting his or her
247	intent to vacate such residence shall, within 48 hours after the
248	date upon which the predator indicated he or she would or did
249	vacate such residence, report in person to the sheriff's office
250	to which he or she reported pursuant to subparagraph 2. for the
251	purpose of reporting his or her address at such residence. When
252	the sheriff receives the report, the sheriff shall promptly
253	convey the information to the department. An offender who makes
254	a report as required under subparagraph 2. but fails to make a
255	report as required under this subparagraph commits a felony of
256	the second degree, punishable as provided in s. 775.082, s.
257	775.083, or s. 775.084.
258	4.  A sexual predator must register all any electronic mail
259	addresses and Internet identifiers address or instant message
260	name with the department prior to using such electronic mail
261	addresses and Internet identifiers address or instant message
262	name on or after October 1, 2007. The department shall establish
263	an online system through which sexual predators may securely
264	access and update all electronic mail address and Internet
265	identifier instant message name information.
266	(i)  A sexual predator who intends to establish a
267	permanent, temporary, or transient residence in another state or
268	jurisdiction other than the State of Florida shall report in
269	person to the sheriff of the county of current residence within
270	48 hours before the date he or she intends to leave this state
271	to establish residence in another state or jurisdiction or
272	within 21 days before his or her planned departure date if the
273	intended residence of 7 days or more is outside of the United
274	States. The sexual predator must provide to the sheriff the
275	address, municipality, county, and state, and country of
276	intended residence. The sheriff shall promptly provide to the
277	department the information received from the sexual predator.
278	The department shall notify the statewide law enforcement
279	agency, or a comparable agency, in the intended state, or
280	jurisdiction, or country of residence of the sexual predator's
281	intended residence. The failure of a sexual predator to provide
282	his or her intended place of residence is punishable as provided
283	in subsection (10).
284	(j)  A sexual predator who indicates his or her intent to
285	establish a permanent, temporary, or transient residence in
286	another state, a or jurisdiction other than the State of
287	Florida, or another country and later decides to remain in this
288	state shall, within 48 hours after the date upon which the
289	sexual predator indicated he or she would leave this state,
290	report in person to the sheriff to which the sexual predator
291	reported the intended change of residence, and report his or her
292	intent to remain in this state. If the sheriff is notified by
293	the sexual predator that he or she intends to remain in this
294	state, the sheriff shall promptly report this information to the
295	department. A sexual predator who reports his or her intent to
296	establish a permanent, temporary, or transient residence in
297	another state, a or jurisdiction other than the State of
298	Florida, or another country, but who remains in this state
299	without reporting to the sheriff in the manner required by this
300	paragraph, commits a felony of the second degree, punishable as
301	provided in s. 775.082, s. 775.083, or s. 775.084.
302	(8)  VERIFICATION.-The department and the Department of
303	Corrections shall implement a system for verifying the addresses
304	of sexual predators. The system must be consistent with the
305	provisions of the federal Adam Walsh Child Protection and Safety
306	Act of 2006 and any other federal standards applicable to such
307	verification or required to be met as a condition for the
308	receipt of federal funds by the state. The Department of
309	Corrections shall verify the addresses of sexual predators who
310	are not incarcerated but who reside in the community under the
311	supervision of the Department of Corrections and shall report to
312	the department any failure by a sexual predator to comply with
313	registration requirements. County and local law enforcement
314	agencies, in conjunction with the department, shall verify the
315	addresses of sexual predators who are not under the care,
316	custody, control, or supervision of the Department of
317	Corrections. Local law enforcement agencies shall report to the
318	department any failure by a sexual predator to comply with
319	registration requirements.
320	(a)  A sexual predator must report in person each year
321	during the month of the sexual predator's birthday and during
322	every third month thereafter to the sheriff's office in the
323	county in which he or she resides or is otherwise located to
324	reregister. The sheriff's office may determine the appropriate
325	times and days for reporting by the sexual predator, which shall
326	be consistent with the reporting requirements of this paragraph.
327	Reregistration shall include any changes to the following
328	information:
329	1.  Name; social security number; age; race; sex; date of
330	birth; height; weight; hair and eye color; address of any
331	permanent residence and address of any current temporary
332	residence, within the state or out of state, including a rural
333	route address and a post office box; if no permanent or
334	temporary address, any transient residence within the state;
335	address, location or description, and dates of any current or
336	known future temporary residence within the state or out of
337	state; all any electronic mail addresses address and all
338	Internet identifiers any instant message name required to be
339	provided pursuant to subparagraph (6)(g)4.; all home telephone
340	numbers number and any cellular telephone numbers number; date
341	and place of any employment; vehicle make, model, color, and
342	license tag number; fingerprints; and photograph. A post office
343	box shall not be provided in lieu of a physical residential
344	address. The sexual predator must also produce or provide
345	information about his or her passport, if he or she has a
346	passport, and, if he or she is an alien, must produce or provide
347	information about documents establishing his or her immigration
348	status.
349	2.  If the sexual predator is enrolled, employed, or
350	carrying on a vocation at an institution of higher education in
351	this state, the sexual predator shall also provide to the
352	department the name, address, and county of each institution,
353	including each campus attended, and the sexual predator's
354	enrollment or employment status.
355	3.  If the sexual predator's place of residence is a motor
356	vehicle, trailer, mobile home, or manufactured home, as defined
357	in chapter 320, the sexual predator shall also provide the
358	vehicle identification number; the license tag number; the
359	registration number; and a description, including color scheme,
360	of the motor vehicle, trailer, mobile home, or manufactured
361	home. If the sexual predator's place of residence is a vessel,
362	live-aboard vessel, or houseboat, as defined in chapter 327, the
363	sexual predator shall also provide the hull identification
364	number; the manufacturer's serial number; the name of the
365	vessel, live-aboard vessel, or houseboat; the registration
366	number; and a description, including color scheme, of the
367	vessel, live-aboard vessel, or houseboat.
368	(10)  PENALTIES.-
369	(a)  Except as otherwise specifically provided, a sexual
370	predator who fails to register; who fails, after registration,
371	to maintain, acquire, or renew a driver's license or
372	identification card; who fails to provide required location
373	information, electronic mail address information, Internet
374	identifier instant message name information, all home telephone
375	numbers number and any cellular telephone numbers number, or
376	change-of-name information; who fails to make a required report
377	in connection with vacating a permanent residence; who fails to
378	reregister as required; who fails to respond to any address
379	verification correspondence from the department within 3 weeks
380	of the date of the correspondence; or who otherwise fails, by
381	act or omission, to comply with the requirements of this
382	section, commits a felony of the third degree, punishable as
383	provided in s. 775.082, s. 775.083, or s. 775.084.
384	Section 2.  Section 847.0141, Florida Statutes, is created
385	to read:
386	847.0141  Unlawful electronic communication between minors;
387	possession of visual depiction of another minor.-
388	(1)  It is unlawful for a minor to intentionally or
389	knowingly use an electronic communication device to transmit,
390	distribute, or display a visual depiction of himself or herself
391	that depicts nudity and is harmful to minors.
392	(2)(a)  It is unlawful for a minor to intentionally or
393	knowingly posses a visual depiction of another minor that
394	depicts nudity and is harmful to minors.
395	(b)  A minor does not violate paragraph (a) if all of the
396	following apply:
397	1.  The minor did not solicit the visual depiction.
398	2.  The minor took reasonable steps to report the visual
399	depiction to the minor's legal guardian or to a school or law
400	enforcement official.
401	3.  The minor did not transmit or distribute the visual
402	depiction to a third party.
403	(3)  A minor who violates subsection (1) or subsection (2):
404	(a)  Commits a noncriminal violation for a first violation,
405	punishable by 8 hours of community service or, if ordered by the
406	court in lieu of community service, a $60 fine. The court may
407	also order suitable training concerning such offenses and may
408	prohibit the use or possession of electronic devices, which may
409	include, but are not limited to, cellular telephones, cameras,
410	computers, or other electronic media devices. The court shall
411	order the confiscation of such unlawful material and authorize
412	the law enforcement agency in which the material is held to
413	destroy the unlawful material.
414	(b)  Commits a misdemeanor of the second degree for a
415	violation that occurs after being found to have committed a
416	noncriminal violation under paragraph (a), punishable as
417	provided in s. 775.082 or s. 775.083. The court must order
418	suitable training concerning such offenses and prohibit the use
419	or possession of electronic communication devices, which may
420	include, but are not limited to, cellular telephones, cameras,
421	computers, or other electronic media devices. The court shall
422	order the confiscation of such unlawful material and authorize
423	the law enforcement agency in which the material is held to
424	destroy the unlawful material.
425	(c)  Commits a misdemeanor of the first degree for a
426	violation that occurs after being found to have committed a
427	misdemeanor of the second degree under paragraph (b), punishable
428	as provided in s. 775.082 or s. 775.083. The court must order
429	suitable training concerning such offenses or, if ordered by the
430	court in lieu of training, counseling and prohibit the use or
431	possession of electronic devices, which may include, but are not
432	limited to, cellular telephones, cameras, computers, or other
433	electronic media devices. The court shall order confiscation of
434	such unlawful material and authorize the law enforcement agency
435	in which the material is held to destroy the unlawful material.
436	(d)  Commits a felony of the third degree for a violation
437	that occurs after being found to have committed a misdemeanor of
438	the first degree under paragraph (c), punishable as provided in
439	s. 775.082, s. 775.083, or s. 775.084. The court must order a
440	mental health evaluation by a qualified practitioner, as defined
441	in s. 948.001, and treatment, if recommended by the
442	practitioner. The court shall order confiscation of such
443	unlawful material and authorize the law enforcement agency in
444	which the material is held to destroy the unlawful material.
445	(4)  Whenever any law enforcement officer arrests any
446	person charged with any offense under this section, the officer
447	shall seize the prohibited material and take the material into
448	his or her custody to await the sentence of the court upon the
449	trial of the offender.
450	(5)  This section does not prohibit the prosecution of a
451	minor for a violation of any law of this state if the electronic
452	communication includes the depiction of sexual conduct or sexual
453	excitement and does not prohibit the prosecution of a minor for
454	stalking under s. 784.048.
455	Section 3.  Paragraphs (a) and (g) of subsection (1),
456	subsection (2), paragraphs (a) and (d) of subsection (4),
457	subsections (7) and (8), and paragraph (c) of subsection (14) of
458	section 943.0435, Florida Statutes, are amended to read:
459	943.0435  Sexual offenders required to register with the
460	department; penalty.-
461	(1)  As used in this section, the term:
462	(a)1.  "Sexual offender" means a person who meets the
463	criteria in sub-subparagraph a., sub-subparagraph b., sub-
464	subparagraph c., or sub-subparagraph d., as follows:
465	a.(I)  Has been convicted of committing, or attempting,
466	soliciting, or conspiring to commit, any of the criminal
467	offenses proscribed in the following statutes in this state or
468	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
469	or s. 787.025(2)(c), where the victim is a minor and the
470	defendant is not the victim's parent or guardian; s. 794.011,
471	excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
472	800.04; s. 825.1025; s. 826.04 where the victim is a minor and
473	the defendant is 18 years of age or older; s. 827.071; s.
474	847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
475	847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
476	committed in this state which has been redesignated from a
477	former statute number to one of those listed in this sub-sub-
478	subparagraph; and
479	(II)  Has been released on or after October 1, 1997, from
480	the sanction imposed for any conviction of an offense described
481	in sub-sub-subparagraph (I). For purposes of sub-sub-
482	subparagraph (I), a sanction imposed in this state or in any
483	other jurisdiction includes, but is not limited to, a fine,
484	probation, community control, parole, conditional release,
485	control release, or incarceration in a state prison, federal
486	prison, private correctional facility, or local detention
487	facility;
488	b.  Establishes or maintains a residence in this state and
489	who has not been designated as a sexual predator by a court of
490	this state but who has been designated as a sexual predator, as
491	a sexually violent predator, or by another sexual offender
492	designation in another state or jurisdiction and was, as a
493	result of such designation, subjected to registration or
494	community or public notification, or both, or would be if the
495	person were a resident of that state or jurisdiction, without
496	regard to whether the person otherwise meets the criteria for
497	registration as a sexual offender;
498	c.  Establishes or maintains a residence in this state who
499	is in the custody or control of, or under the supervision of,
500	any other state or jurisdiction as a result of a conviction for
501	committing, or attempting, soliciting, or conspiring to commit,
502	any of the criminal offenses proscribed in the following
503	statutes or similar offense in another jurisdiction: s. 787.01,
504	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
505	the defendant is not the victim's parent or guardian; s.
506	794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
507	796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
508	minor and the defendant is 18 years of age or older; s. 827.071;
509	s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
510	s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
511	offense committed in this state which has been redesignated from
512	a former statute number to one of those listed in this sub-
513	subparagraph; or
514	d.  On or after July 1, 2007, has been adjudicated
515	delinquent for committing, or attempting, soliciting, or
516	conspiring to commit, any of the criminal offenses proscribed in
517	the following statutes in this state or similar offenses in
518	another jurisdiction when the juvenile was 14 years of age or
519	older at the time of the offense:
520	(I)  Section 794.011, excluding s. 794.011(10);
521	(II)  Section 800.04(4)(b) where the victim is under 12
522	years of age or where the court finds sexual activity by the use
523	of force or coercion;
524	(III)  Section 800.04(5)(c)1. where the court finds
525	molestation involving unclothed genitals; or
526	(IV)  Section 800.04(5)(d) where the court finds the use of
527	force or coercion and unclothed genitals.
528	2.  For all qualifying offenses listed in sub-subparagraph
529	(1)(a)1.d., the court shall make a written finding of the age of
530	the offender at the time of the offense.
531
532	For each violation of a qualifying offense listed in this
533	subsection, the court shall make a written finding of the age of
534	the victim at the time of the offense. For a violation of s.
535	800.04(4), the court shall additionally make a written finding
536	indicating that the offense did or did not involve sexual
537	activity and indicating that the offense did or did not involve
538	force or coercion. For a violation of s. 800.04(5), the court
539	shall additionally make a written finding that the offense did
540	or did not involve unclothed genitals or genital area and that
541	the offense did or did not involve the use of force or coercion.
542	(g)  "Internet identifier Instant message name" has the
543	same meaning as provided in s. 775.21 means an identifier that
544	allows a person to communicate in real time with another person
545	using the Internet.
546	(2)  A sexual offender shall:
547	(a)  Report in person at the sheriff's office:
548	1.  In the county in which the offender establishes or
549	maintains a permanent, temporary, or transient residence within
550	48 hours after:
551	a.  Establishing permanent, temporary, or transient
552	residence in this state; or
553	b.  Being released from the custody, control, or
554	supervision of the Department of Corrections or from the custody
555	of a private correctional facility; or
556	2.  In the county where he or she was convicted within 48
557	hours after being convicted for a qualifying offense for
558	registration under this section if the offender is not in the
559	custody or control of, or under the supervision of, the
560	Department of Corrections, or is not in the custody of a private
561	correctional facility.
562
563	Any change in the information required to be provided pursuant
564	to paragraph (b), including, but not limited to, any change in
565	the sexual offender's permanent, temporary, or transient
566	residence, name, all any electronic mail addresses address and
567	all Internet identifiers any instant message name required to be
568	provided pursuant to paragraph (4)(d), after the sexual offender
569	reports in person at the sheriff's office, shall be accomplished
570	in the manner provided in subsections (4), (7), and (8).
571	(b)  Provide his or her name; date of birth; social
572	security number; race; sex; height; weight; hair and eye color;
573	tattoos or other identifying marks; occupation and place of
574	employment; address of permanent or legal residence or address
575	of any current temporary residence, within the state or out of
576	state, including a rural route address and a post office box; if
577	no permanent or temporary address, any transient residence
578	within the state, address, location or description, and dates of
579	any current or known future temporary residence within the state
580	or out of state; all home telephone numbers number and any
581	cellular telephone numbers number; all any electronic mail
582	addresses address and all Internet identifiers any instant
583	message name required to be provided pursuant to paragraph
584	(4)(d); date and place of each conviction; and a brief
585	description of the crime or crimes committed by the offender. A
586	post office box shall not be provided in lieu of a physical
587	residential address. The sexual offender must also produce or
588	provide information about his or her passport, if he or she has
589	a passport, and, if he or she is an alien, must produce or
590	provide information about documents establishing his or her
591	immigration status.
592	1.  If the sexual offender's place of residence is a motor
593	vehicle, trailer, mobile home, or manufactured home, as defined
594	in chapter 320, the sexual offender shall also provide to the
595	department through the sheriff's office written notice of the
596	vehicle identification number; the license tag number; the
597	registration number; and a description, including color scheme,
598	of the motor vehicle, trailer, mobile home, or manufactured
599	home. If the sexual offender's place of residence is a vessel,
600	live-aboard vessel, or houseboat, as defined in chapter 327, the
601	sexual offender shall also provide to the department written
602	notice of the hull identification number; the manufacturer's
603	serial number; the name of the vessel, live-aboard vessel, or
604	houseboat; the registration number; and a description, including
605	color scheme, of the vessel, live-aboard vessel, or houseboat.
606	2.  If the sexual offender is enrolled, employed, or
607	carrying on a vocation at an institution of higher education in
608	this state, the sexual offender shall also provide to the
609	department through the sheriff's office the name, address, and
610	county of each institution, including each campus attended, and
611	the sexual offender's enrollment or employment status. Each
612	change in enrollment or employment status shall be reported in
613	person at the sheriff's office, within 48 hours after any change
614	in status. The sheriff shall promptly notify each institution of
615	the sexual offender's presence and any change in the sexual
616	offender's enrollment or employment status.
617
618	When a sexual offender reports at the sheriff's office, the
619	sheriff shall take a photograph and a set of fingerprints of the
620	offender and forward the photographs and fingerprints to the
621	department, along with the information provided by the sexual
622	offender. The sheriff shall promptly provide to the department
623	the information received from the sexual offender.
624	(4)(a)  Each time a sexual offender's driver's license or
625	identification card is subject to renewal, and, without regard
626	to the status of the offender's driver's license or
627	identification card, within 48 hours after any change in the
628	offender's permanent, temporary, or transient residence or
629	change in the offender's name by reason of marriage or other
630	legal process, the offender shall report in person to a driver's
631	license office, and shall be subject to the requirements
632	specified in subsection (3). The Department of Highway Safety
633	and Motor Vehicles shall forward to the department all
634	photographs and information provided by sexual offenders.
635	Notwithstanding the restrictions set forth in s. 322.142, the
636	Department of Highway Safety and Motor Vehicles is authorized to
637	release a reproduction of a color-photograph or digital-image
638	license to the Department of Law Enforcement for purposes of
639	public notification of sexual offenders as provided in this
640	section and ss. 943.043 and 944.606. A sexual offender who is
641	unable to secure or update a driver's license or identification
642	card with the Department of Highway Safety and Motor Vehicles as
643	provided in subsection (3) and this subsection must also report
644	any change in the sexual offender's permanent, temporary, or
645	transient residence or change in the offender's name by reason
646	of marriage or other legal process within 48 hours after the
647	change to the sheriff's office in the county where the offender
648	resides or is located and provide confirmation that he or she
649	reported such information to Department of Highway Safety and
650	Motor Vehicles.
651	(d)  A sexual offender must register all any electronic
652	mail addresses and Internet identifiers address or instant
653	message name with the department prior to using such electronic
654	mail addresses and Internet identifiers address or instant
655	message name on or after October 1, 2007. The department shall
656	establish an online system through which sexual offenders may
657	securely access and update all electronic mail address and
658	Internet identifier instant message name information.
659	(7)  A sexual offender who intends to establish a
660	permanent, temporary, or transient residence in another state or
661	jurisdiction other than the State of Florida shall report in
662	person to the sheriff of the county of current residence within
663	48 hours before the date he or she intends to leave this state
664	to establish residence in another state or jurisdiction or
665	within 21 days before his or her planned departure date if the
666	intended residence of 7 days or more is outside of the United
667	States. The notification must include the address, municipality,
668	county, and state, and country of intended residence. The
669	sheriff shall promptly provide to the department the information
670	received from the sexual offender. The department shall notify
671	the statewide law enforcement agency, or a comparable agency, in
672	the intended state, or jurisdiction, or country of residence of
673	the sexual offender's intended residence. The failure of a
674	sexual offender to provide his or her intended place of
675	residence is punishable as provided in subsection (9).
676	(8)  A sexual offender who indicates his or her intent to
677	establish a permanent, temporary, or transient residence in
678	another state, a or jurisdiction other than the State of
679	Florida, or another country and later decides to remain in this
680	state shall, within 48 hours after the date upon which the
681	sexual offender indicated he or she would leave this state,
682	report in person to the sheriff to which the sexual offender
683	reported the intended change of permanent, temporary, or
684	transient residence, and report his or her intent to remain in
685	this state. The sheriff shall promptly report this information
686	to the department. A sexual offender who reports his or her
687	intent to establish a permanent, temporary, or transient
688	residence in another state, a or jurisdiction other than the
689	State of Florida, or another country but who remains in this
690	state without reporting to the sheriff in the manner required by
691	this subsection commits a felony of the second degree,
692	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
693	(14)
694	(c)  The sheriff's office may determine the appropriate
695	times and days for reporting by the sexual offender, which shall
696	be consistent with the reporting requirements of this
697	subsection. Reregistration shall include any changes to the
698	following information:
699	1.  Name; social security number; age; race; sex; date of
700	birth; height; weight; hair and eye color; address of any
701	permanent residence and address of any current temporary
702	residence, within the state or out of state, including a rural
703	route address and a post office box; if no permanent or
704	temporary address, any transient residence within the state;
705	address, location or description, and dates of any current or
706	known future temporary residence within the state or out of
707	state; all any electronic mail addresses address and all
708	Internet identifiers any instant message name required to be
709	provided pursuant to paragraph (4)(d); all home telephone
710	numbers number and all any cellular telephone numbers number;
711	date and place of any employment; vehicle make, model, color,
712	and license tag number; fingerprints; and photograph. A post
713	office box shall not be provided in lieu of a physical
714	residential address. The sexual offender must also produce or
715	provide information about his or her passport, if he or she has
716	a passport, and, if he or she is an alien, must produce or
717	provide information about documents establishing his or her
718	immigration status.
719	2.  If the sexual offender is enrolled, employed, or
720	carrying on a vocation at an institution of higher education in
721	this state, the sexual offender shall also provide to the
722	department the name, address, and county of each institution,
723	including each campus attended, and the sexual offender's
724	enrollment or employment status.
725	3.  If the sexual offender's place of residence is a motor
726	vehicle, trailer, mobile home, or manufactured home, as defined
727	in chapter 320, the sexual offender shall also provide the
728	vehicle identification number; the license tag number; the
729	registration number; and a description, including color scheme,
730	of the motor vehicle, trailer, mobile home, or manufactured
731	home. If the sexual offender's place of residence is a vessel,
732	live-aboard vessel, or houseboat, as defined in chapter 327, the
733	sexual offender shall also provide the hull identification
734	number; the manufacturer's serial number; the name of the
735	vessel, live-aboard vessel, or houseboat; the registration
736	number; and a description, including color scheme, of the
737	vessel, live-aboard vessel or houseboat.
738	4.  Any sexual offender who fails to report in person as
739	required at the sheriff's office, or who fails to respond to any
740	address verification correspondence from the department within 3
741	weeks of the date of the correspondence or who fails to report
742	all electronic mail addresses and all Internet identifiers or
743	instant message names, commits a felony of the third degree,
744	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
745	Section 4.  Section 943.04351, Florida Statutes, is amended
746	to read:
747	943.04351  Search of registration information regarding
748	sexual predators and sexual offenders required prior to
749	appointment or employment.-A state agency or governmental
750	subdivision, prior to making any decision to appoint or employ a
751	person to work, whether for compensation or as a volunteer, at
752	any park, playground, day care center, or other place where
753	children regularly congregate, must conduct a search of that
754	person's name or other identifying information against the
755	registration information regarding sexual predators and sexual
756	offenders maintained by the Department of Law Enforcement under
757	s. 943.043. The agency or governmental subdivision may conduct
758	the search using the Internet site maintained by the Department
759	of Law Enforcement. Also, a national search must be conducted
760	through the Dru Sjodin National Sex Offender Public Website
761	maintained by the United States Department of Justice. This
762	section does not apply to those positions or appointments within
763	a state agency or governmental subdivision for which a state and
764	national criminal history background check is conducted.
765	Section 5.  Section 943.04354, Florida Statutes, is amended
766	to read:
767	943.04354  Removal of the requirement to register as a
768	sexual offender or sexual predator in special circumstances.-
769	(1)  For purposes of this section, a person shall be
770	considered for removal of the requirement to register as a
771	sexual offender or sexual predator only if the person:
772	(a)  Was or will be convicted or adjudicated delinquent of
773	a violation of s. 794.011, s. 800.04, s. 827.071, or s.
774	847.0135(5) or the person committed a violation of s. 794.011,
775	s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
776	of guilt was or will be withheld, and the person does not have
777	any other conviction, adjudication of delinquency, or withhold
778	of adjudication of guilt for a violation of s. 794.011, s.
779	800.04, s. 827.071, or s. 847.0135(5);
780	(b)  Is required to register as a sexual offender or sexual
781	predator solely on the basis of this violation; and
782	(c)  Is not more than 4 years older than the victim of this
783	violation who was 13 14 years of age or older but not more than
784	18 17 years of age at the time the person committed this
785	violation.
786	(2)  If a person meets the criteria in subsection (1) and
787	the violation of s. 794.011, s. 800.04, s. 827.071, or s.
788	847.0135(5) was committed on or after July 1, 2007, the person
789	may move the court that will sentence or dispose of this
790	violation to remove the requirement that the person register as
791	a sexual offender or sexual predator. The person must allege in
792	the motion that he or she meets the criteria in subsection (1)
793	and that removal of the registration requirement will not
794	conflict with federal law. The state attorney must be given
795	notice of the motion at least 21 days before the date of
796	sentencing or disposition of this violation and may present
797	evidence in opposition to the requested relief or may otherwise
798	demonstrate why the motion should be denied. At sentencing or
799	disposition of this violation, the court shall rule on this
800	motion and, if the court determines the person meets the
801	criteria in subsection (1) and the removal of the registration
802	requirement will not conflict with federal law, it may grant the
803	motion and order the removal of the registration requirement. If
804	the court denies the motion, the person is not authorized under
805	this section to petition for removal of the registration
806	requirement.
807	(3)(a)  This subsection applies to a person who:
808	1.  Is not a person described in subsection (2) because the
809	violation of s. 794.011, s. 800.04, or s. 827.071 was not
810	committed on or after July 1, 2007;
811	1.2.  Is subject to registration as a sexual offender or
812	sexual predator for a violation of s. 794.011, s. 800.04, or s.
813	827.071; and
814	2.3.  Meets the criteria in subsection (1).
815	(b)  A person may petition the court in which the sentence
816	or disposition for the violation of s. 794.011, s. 800.04, or s.
817	827.071 occurred for removal of the requirement to register as a
818	sexual offender or sexual predator. The person must allege in
819	the petition that he or she meets the criteria in subsection (1)
820	and removal of the registration requirement will not conflict
821	with federal law. The state attorney must be given notice of the
822	petition at least 21 days before the hearing on the petition and
823	may present evidence in opposition to the requested relief or
824	may otherwise demonstrate why the petition should be denied. The
825	court shall rule on the petition and, if the court determines
826	the person meets the criteria in subsection (1) and removal of
827	the registration requirement will not conflict with federal law,
828	it may grant the petition and order the removal of the
829	registration requirement. If the court denies the petition, the
830	person is not authorized under this section to file any further
831	petition for removal of the registration requirement.
832	(4)  If a person provides to the Department of Law
833	Enforcement a certified copy of the court's order removing the
834	requirement that the person register as a sexual offender or
835	sexual predator for the violation of s. 794.011, s. 800.04, s.
836	827.071, or s. 847.0135(5), the registration requirement will
837	not apply to the person and the department shall remove all
838	information about the person from the public registry of sexual
839	offenders and sexual predators maintained by the department.
840	However, the removal of this information from the public
841	registry does not mean that the public is denied access to
842	information about the person's criminal history or record that
843	is otherwise available as a public record.
844	Section 6.  Subsection (2) and paragraph (a) of subsection
845	(3) of section 943.0437, Florida Statutes, are amended to read:
846	943.0437  Commercial social networking websites.-
847	(2)  The department may provide information relating to
848	electronic mail addresses and Internet identifiers instant
849	message names maintained as part of the sexual offender registry
850	to commercial social networking websites or third parties
851	designated by commercial social networking websites. The
852	commercial social networking website may use this information
853	for the purpose of comparing registered users and screening
854	potential users of the commercial social networking website
855	against the list of electronic mail addresses and Internet
856	identifiers instant message names provided by the department.
857	(3)  This section shall not be construed to impose any
858	civil liability on a commercial social networking website for:
859	(a)  Any action voluntarily taken in good faith to remove
860	or disable any profile of a registered user associated with an
861	electronic mail address or Internet identifier instant message
862	name contained in the sexual offender registry.
863	Section 7.  Paragraphs (b) and (d) of subsection (1) and
864	paragraph (a) of subsection (3) of section 944.606, Florida
865	Statutes, are amended to read:
866	944.606  Sexual offenders; notification upon release.-
867	(1)  As used in this section:
868	(b)  "Sexual offender" means a person who has been
869	convicted of committing, or attempting, soliciting, or
870	conspiring to commit, any of the criminal offenses proscribed in
871	the following statutes in this state or similar offenses in
872	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
873	where the victim is a minor and the defendant is not the
874	victim's parent or guardian; s. 794.011, excluding s.
875	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
876	825.1025; s. 826.04 where the victim is a minor and the
877	defendant is 18 years of age or older; s. 827.071; s. 847.0133;
878	s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
879	s. 847.0145; or s. 985.701(1); or any similar offense committed
880	in this state which has been redesignated from a former statute
881	number to one of those listed in this subsection, when the
882	department has received verified information regarding such
883	conviction; an offender's computerized criminal history record
884	is not, in and of itself, verified information.
885	(d)  "Internet identifier Instant message name" has the
886	same meaning as provided in s. 775.21 means an identifier that
887	allows a person to communicate in real time with another person
888	using the Internet.
889	(3)(a)  The department must provide information regarding
890	any sexual offender who is being released after serving a period
891	of incarceration for any offense, as follows:
892	1.  The department must provide: the sexual offender's
893	name, any change in the offender's name by reason of marriage or
894	other legal process, and any alias, if known; the correctional
895	facility from which the sexual offender is released; the sexual
896	offender's social security number, race, sex, date of birth,
897	height, weight, and hair and eye color; address of any planned
898	permanent residence or temporary residence, within the state or
899	out of state, including a rural route address and a post office
900	box; if no permanent or temporary address, any transient
901	residence within the state; address, location or description,
902	and dates of any known future temporary residence within the
903	state or out of state; date and county of sentence and each
904	crime for which the offender was sentenced; a copy of the
905	offender's fingerprints and a digitized photograph taken within
906	60 days before release; the date of release of the sexual
907	offender; all any electronic mail addresses address and all
908	Internet identifiers any instant message name required to be
909	provided pursuant to s. 943.0435(4)(d); all and home telephone
910	numbers number and any cellular telephone numbers; and passport
911	information, if he or she has a passport, and, if he or she is
912	an alien, information about documents establishing his or her
913	immigration status number. The department shall notify the
914	Department of Law Enforcement if the sexual offender escapes,
915	absconds, or dies. If the sexual offender is in the custody of a
916	private correctional facility, the facility shall take the
917	digitized photograph of the sexual offender within 60 days
918	before the sexual offender's release and provide this photograph
919	to the Department of Corrections and also place it in the sexual
920	offender's file. If the sexual offender is in the custody of a
921	local jail, the custodian of the local jail shall register the
922	offender within 3 business days after intake of the offender for
923	any reason and upon release, and shall notify the Department of
924	Law Enforcement of the sexual offender's release and provide to
925	the Department of Law Enforcement the information specified in
926	this paragraph and any information specified in subparagraph 2.
927	that the Department of Law Enforcement requests.
928	2.  The department may provide any other information deemed
929	necessary, including criminal and corrections records,
930	nonprivileged personnel and treatment records, when available.
931	Section 8.  Paragraphs (a) and (f) of subsection (1),
932	paragraph (a) of subsection (4), paragraph (b) of subsection
933	(6), and paragraph (c) of subsection (13) of section 944.607,
934	Florida Statutes, are amended to read:
935	944.607  Notification to Department of Law Enforcement of
936	information on sexual offenders.-
937	(1)  As used in this section, the term:
938	(a)  "Sexual offender" means a person who is in the custody
939	or control of, or under the supervision of, the department or is
940	in the custody of a private correctional facility:
941	1.  On or after October 1, 1997, as a result of a
942	conviction for committing, or attempting, soliciting, or
943	conspiring to commit, any of the criminal offenses proscribed in
944	the following statutes in this state or similar offenses in
945	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
946	where the victim is a minor and the defendant is not the
947	victim's parent or guardian; s. 794.011, excluding s.
948	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
949	825.1025; s. 826.04 where the victim is a minor and the
950	defendant is 18 years of age or older; s. 827.071; s. 847.0133;
951	s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
952	s. 847.0145; or s. 985.701(1); or any similar offense committed
953	in this state which has been redesignated from a former statute
954	number to one of those listed in this paragraph; or
955	2.  Who establishes or maintains a residence in this state
956	and who has not been designated as a sexual predator by a court
957	of this state but who has been designated as a sexual predator,
958	as a sexually violent predator, or by another sexual offender
959	designation in another state or jurisdiction and was, as a
960	result of such designation, subjected to registration or
961	community or public notification, or both, or would be if the
962	person were a resident of that state or jurisdiction, without
963	regard as to whether the person otherwise meets the criteria for
964	registration as a sexual offender.
965	(f)  "Internet identifier Instant message name" has the
966	same meaning as provided in s. 775.21 means an identifier that
967	allows a person to communicate in real time with another person
968	using the Internet.
969	(4)  A sexual offender, as described in this section, who
970	is under the supervision of the Department of Corrections but is
971	not incarcerated must register with the Department of
972	Corrections within 3 business days after sentencing for a
973	registrable offense and otherwise provide information as
974	required by this subsection.
975	(a)  The sexual offender shall provide his or her name;
976	date of birth; social security number; race; sex; height;
977	weight; hair and eye color; tattoos or other identifying marks;
978	all any electronic mail addresses address and all Internet
979	identifiers any instant message name required to be provided
980	pursuant to s. 943.0435(4)(d); permanent or legal residence and
981	address of temporary residence within the state or out of state
982	while the sexual offender is under supervision in this state,
983	including any rural route address or post office box; if no
984	permanent or temporary address, any transient residence within
985	the state; and address, location or description, and dates of
986	any current or known future temporary residence within the state
987	or out of state. The sexual offender must also produce or
988	provide information about his or her passport, if he or she has
989	a passport, and, if he or she is an alien, must produce or
990	provide information about documents establishing his or her
991	immigration status. The Department of Corrections shall verify
992	the address of each sexual offender in the manner described in
993	ss. 775.21 and 943.0435. The department shall report to the
994	Department of Law Enforcement any failure by a sexual predator
995	or sexual offender to comply with registration requirements.
996	(6)  The information provided to the Department of Law
997	Enforcement must include:
998	(b)  The sexual offender's most current address, place of
999	permanent, temporary, or transient residence within the state or
1000	out of state, and address, location or description, and dates of
1001	any current or known future temporary residence within the state
1002	or out of state, while the sexual offender is under supervision
1003	in this state, including the name of the county or municipality
1004	in which the offender permanently or temporarily resides, or has
1005	a transient residence, and address, location or description, and
1006	dates of any current or known future temporary residence within
1007	the state or out of state, and, if known, the intended place of
1008	permanent, temporary, or transient residence, and address,
1009	location or description, and dates of any current or known
1010	future temporary residence within the state or out of state upon
1011	satisfaction of all sanctions. The sexual offender must also
1012	produce or provide information about his or her passport, if he
1013	or she has a passport, and, if he or she is an alien, must
1014	produce or provide information about documents establishing his
1015	or her immigration status;
1016
1017	If any information provided by the department changes during the
1018	time the sexual offender is under the department's control,
1019	custody, or supervision, including any change in the offender's
1020	name by reason of marriage or other legal process, the
1021	department shall, in a timely manner, update the information and
1022	provide it to the Department of Law Enforcement in the manner
1023	prescribed in subsection (2).
1024	(13)
1025	(c)  The sheriff's office may determine the appropriate
1026	times and days for reporting by the sexual offender, which shall
1027	be consistent with the reporting requirements of this
1028	subsection. Reregistration shall include any changes to the
1029	following information:
1030	1.  Name; social security number; age; race; sex; date of
1031	birth; height; weight; hair and eye color; address of any
1032	permanent residence and address of any current temporary
1033	residence, within the state or out of state, including a rural
1034	route address and a post office box; if no permanent or
1035	temporary address, any transient residence; address, location or
1036	description, and dates of any current or known future temporary
1037	residence within the state or out of state; all any electronic
1038	mail addresses address and all Internet identifiers any instant
1039	message name required to be provided pursuant to s.
1040	943.0435(4)(d); date and place of any employment; vehicle make,
1041	model, color, and license tag number; fingerprints; and
1042	photograph. A post office box shall not be provided in lieu of a
1043	physical residential address. The sexual offender must also
1044	produce or provide information about his or her passport, if he
1045	or she has a passport, and, if he or she is an alien, must
1046	produce or provide information about documents establishing his
1047	or her immigration status.
1048	2.  If the sexual offender is enrolled, employed, or
1049	carrying on a vocation at an institution of higher education in
1050	this state, the sexual offender shall also provide to the
1051	department the name, address, and county of each institution,
1052	including each campus attended, and the sexual offender's
1053	enrollment or employment status.
1054	3.  If the sexual offender's place of residence is a motor
1055	vehicle, trailer, mobile home, or manufactured home, as defined
1056	in chapter 320, the sexual offender shall also provide the
1057	vehicle identification number; the license tag number; the
1058	registration number; and a description, including color scheme,
1059	of the motor vehicle, trailer, mobile home, or manufactured
1060	home. If the sexual offender's place of residence is a vessel,
1061	live-aboard vessel, or houseboat, as defined in chapter 327, the
1062	sexual offender shall also provide the hull identification
1063	number; the manufacturer's serial number; the name of the
1064	vessel, live-aboard vessel, or houseboat; the registration
1065	number; and a description, including color scheme, of the
1066	vessel, live-aboard vessel or houseboat.
1067	4.  Any sexual offender who fails to report in person as
1068	required at the sheriff's office, or who fails to respond to any
1069	address verification correspondence from the department within 3
1070	weeks of the date of the correspondence, or who fails to report
1071	all electronic mail addresses and all Internet identifiers or
1072	instant message names, commits a felony of the third degree,
1073	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1074	Section 9.  Subsection (11) of section 947.005, Florida
1075	Statutes, is amended to read:
1076	947.005  Definitions.-As used in this chapter, unless the
1077	context clearly indicates otherwise:
1078	(11)  "Risk assessment" means an assessment completed by a
1079	an independent qualified practitioner to evaluate the level of
1080	risk associated when a sex offender has contact with a child.
1081	Section 10.  Section 948.31, Florida Statutes, is amended
1082	to read:
1083	948.31  Evaluation and treatment of sexual predators and
1084	offenders on probation or community control.-Conditions imposed
1085	pursuant to this section do not require oral pronouncement at
1086	the time of sentencing and shall be considered standard
1087	conditions of probation or community control for offenders
1088	specified in this section. The court shall require an evaluation
1089	by a qualified practitioner to determine the need of a
1090	probationer or community controllee for treatment. If the court
1091	determines that a need therefor is established by the evaluation
1092	process, the court shall require sexual offender treatment as a
1093	term or condition of probation or community control for any
1094	person who is required to register as a sexual predator under s.
1095	775.21 or sexual offender under s. 943.0435, s. 944.606, or s.
1096	944.607. Such treatment shall be required to be obtained from a
1097	qualified practitioner as defined in s. 948.001. Treatment may
1098	not be administered by a qualified practitioner who has been
1099	convicted or adjudicated delinquent of committing, or
1100	attempting, soliciting, or conspiring to commit, any offense
1101	that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1102	impose a restriction against contact with minors if sexual
1103	offender treatment is recommended. The evaluation and
1104	recommendations for treatment of the probationer or community
1105	controllee shall be provided to the court for review.
1106	Section 11.  Paragraph (a) of subsection (3) of section
1107	985.481, Florida Statutes, is amended to read:
1108	985.481  Sexual offenders adjudicated delinquent;
1109	notification upon release.-
1110	(3)(a)  The department must provide information regarding
1111	any sexual offender who is being released after serving a period
1112	of residential commitment under the department for any offense,
1113	as follows:
1114	1.  The department must provide the sexual offender's name,
1115	any change in the offender's name by reason of marriage or other
1116	legal process, and any alias, if known; the correctional
1117	facility from which the sexual offender is released; the sexual
1118	offender's social security number, race, sex, date of birth,
1119	height, weight, and hair and eye color; address of any planned
1120	permanent residence or temporary residence, within the state or
1121	out of state, including a rural route address and a post office
1122	box; if no permanent or temporary address, any transient
1123	residence within the state; address, location or description,
1124	and dates of any known future temporary residence within the
1125	state or out of state; date and county of disposition and each
1126	crime for which there was a disposition; a copy of the
1127	offender's fingerprints and a digitized photograph taken within
1128	60 days before release; the date of release of the sexual
1129	offender; all and home telephone numbers number and any cellular
1130	telephone numbers; and passport information, if he or she has a
1131	passport, and, if he or she is an alien, information about
1132	documents establishing his or her immigration status number. The
1133	department shall notify the Department of Law Enforcement if the
1134	sexual offender escapes, absconds, or dies. If the sexual
1135	offender is in the custody of a private correctional facility,
1136	the facility shall take the digitized photograph of the sexual
1137	offender within 60 days before the sexual offender's release and
1138	also place it in the sexual offender's file. If the sexual
1139	offender is in the custody of a local jail, the custodian of the
1140	local jail shall register the offender within 3 business days
1141	after intake of the offender for any reason and upon release,
1142	and shall notify the Department of Law Enforcement of the sexual
1143	offender's release and provide to the Department of Law
1144	Enforcement the information specified in this subparagraph and
1145	any information specified in subparagraph 2. which the
1146	Department of Law Enforcement requests.
1147	2.  The department may provide any other information
1148	considered necessary, including criminal and delinquency
1149	records, when available.
1150	Section 12.  Paragraph (a) of subsection (4), paragraph (a)
1151	of subsection (6), and paragraph (b) of subsection (13) of
1152	section 985.4815, Florida Statutes, are amended to read:
1153	985.4815  Notification to Department of Law Enforcement of
1154	information on juvenile sexual offenders.-
1155	(4)  A sexual offender, as described in this section, who
1156	is under the supervision of the department but who is not
1157	committed must register with the department within 3 business
1158	days after adjudication and disposition for a registrable
1159	offense and otherwise provide information as required by this
1160	subsection.
1161	(a)  The sexual offender shall provide his or her name;
1162	date of birth; social security number; race; sex; height;
1163	weight; hair and eye color; tattoos or other identifying marks;
1164	permanent or legal residence and address of temporary residence
1165	within the state or out of state while the sexual offender is in
1166	the care or custody or under the jurisdiction or supervision of
1167	the department in this state, including any rural route address
1168	or post office box; if no permanent or temporary address, any
1169	transient residence; address, location or description, and dates
1170	of any current or known future temporary residence within the
1171	state or out of state; passport information, if he or she has a
1172	passport, and, if he or she is an alien, information about
1173	documents establishing his or her immigration status; and the
1174	name and address of each school attended. The department shall
1175	verify the address of each sexual offender and shall report to
1176	the Department of Law Enforcement any failure by a sexual
1177	offender to comply with registration requirements.
1178	(6)(a)  The information provided to the Department of Law
1179	Enforcement must include the following:
1180	1.  The information obtained from the sexual offender under
1181	subsection (4).
1182	2.  The sexual offender's most current address and place of
1183	permanent, temporary, or transient residence within the state or
1184	out of state, and address, location or description, and dates of
1185	any current or known future temporary residence within the state
1186	or out of state, while the sexual offender is in the care or
1187	custody or under the jurisdiction or supervision of the
1188	department in this state, including the name of the county or
1189	municipality in which the offender permanently or temporarily
1190	resides, or has a transient residence, and address, location or
1191	description, and dates of any current or known future temporary
1192	residence within the state or out of state; and, if known, the
1193	intended place of permanent, temporary, or transient residence,
1194	and address, location or description, and dates of any current
1195	or known future temporary residence within the state or out of
1196	state upon satisfaction of all sanctions. The sexual offender
1197	must also produce or provide information about his or her
1198	passport, if he or she has a passport, and, if he or she is an
1199	alien, must produce or provide information about documents
1200	establishing his or her immigration status.
1201	3.  The legal status of the sexual offender and the
1202	scheduled termination date of that legal status.
1203	4.  The location of, and local telephone number for, any
1204	department office that is responsible for supervising the sexual
1205	offender.
1206	5.  An indication of whether the victim of the offense that
1207	resulted in the offender's status as a sexual offender was a
1208	minor.
1209	6.  The offense or offenses at adjudication and disposition
1210	that resulted in the determination of the offender's status as a
1211	sex offender.
1212	7.  A digitized photograph of the sexual offender, which
1213	must have been taken within 60 days before the offender was
1214	released from the custody of the department or a private
1215	correctional facility by expiration of sentence under s.
1216	944.275, or within 60 days after the onset of the department's
1217	supervision of any sexual offender who is on probation,
1218	postcommitment probation, residential commitment, nonresidential
1219	commitment, licensed child-caring commitment, community control,
1220	conditional release, parole, provisional release, or control
1221	release or who is supervised by the department under the
1222	Interstate Compact Agreement for Probationers and Parolees. If
1223	the sexual offender is in the custody of a private correctional
1224	facility, the facility shall take a digitized photograph of the
1225	sexual offender within the time period provided in this
1226	subparagraph and shall provide the photograph to the department.
1227	(13)
1228	(b)  The sheriff's office may determine the appropriate
1229	times and days for reporting by the sexual offender, which shall
1230	be consistent with the reporting requirements of this
1231	subsection. Reregistration shall include any changes to the
1232	following information:
1233	1.  Name; social security number; age; race; sex; date of
1234	birth; height; weight; hair and eye color; address of any
1235	permanent residence and address of any current temporary
1236	residence, within the state or out of state, including a rural
1237	route address and a post office box; if no permanent or
1238	temporary address, any transient residence; address, location or
1239	description, and dates of any current or known future temporary
1240	residence within the state or out of state; passport
1241	information, if he or she has a passport, and, if he or she is
1242	an alien, information about documents establishing his or her
1243	immigration status; name and address of each school attended;
1244	date and place of any employment; vehicle make, model, color,
1245	and license tag number; fingerprints; and photograph. A post
1246	office box shall not be provided in lieu of a physical
1247	residential address.
1248	2.  If the sexual offender is enrolled, employed, or
1249	carrying on a vocation at an institution of higher education in
1250	this state, the sexual offender shall also provide to the
1251	department the name, address, and county of each institution,
1252	including each campus attended, and the sexual offender's
1253	enrollment or employment status.
1254	3.  If the sexual offender's place of residence is a motor
1255	vehicle, trailer, mobile home, or manufactured home, as defined
1256	in chapter 320, the sexual offender shall also provide the
1257	vehicle identification number; the license tag number; the
1258	registration number; and a description, including color scheme,
1259	of the motor vehicle, trailer, mobile home, or manufactured
1260	home. If the sexual offender's place of residence is a vessel,
1261	live-aboard vessel, or houseboat, as defined in chapter 327, the
1262	sexual offender shall also provide the hull identification
1263	number; the manufacturer's serial number; the name of the
1264	vessel, live-aboard vessel, or houseboat; the registration
1265	number; and a description, including color scheme, of the
1266	vessel, live-aboard vessel, or houseboat.
1267	4.  Any sexual offender who fails to report in person as
1268	required at the sheriff's office, or who fails to respond to any
1269	address verification correspondence from the department within 3
1270	weeks after the date of the correspondence, commits a felony of
1271	the third degree, punishable as provided in ss. 775.082,
1272	775.083, and 775.084.
1273	Section 13.  Sections 13-25 of this act may be cited as the
1274	"Florida Safe Harbor Act."
1275	Section 14.  Effective January 1, 2012, subsections (4)
1276	through (12) of section 39.001, Florida Statutes, are renumbered
1277	as subsections (5) through (13), respectively, paragraph (c) of
1278	present subsection (7) and paragraph (b) of present subsection
1279	(9) are amended, and a new subsection (4) is added to that
1280	section, to read:
1281	39.001  Purposes and intent; personnel standards and
1282	screening.-
1283	(4)  SEXUAL EXPLOITATION SERVICES.-
1284	(a)  The Legislature recognizes that child sexual
1285	exploitation is a serious problem nationwide and in this state.
1286	The children at greatest risk of being sexually exploited are
1287	runaways and throwaways. Many of these children have a history
1288	of abuse and neglect. The vulnerability of these children starts
1289	with isolation from family and friends. Traffickers maintain
1290	control of child victims through psychological manipulation,
1291	force, drug addiction, or the exploitation of economic,
1292	physical, or emotional vulnerability. Children exploited through
1293	the sex trade often find it difficult to trust adults because of
1294	their abusive experiences. These children make up a population
1295	that is difficult to serve and even more difficult to
1296	rehabilitate. Although minors are by law unable to consent to
1297	sexual activity, they are most often treated as perpetrators of
1298	crime rather than victims. Moreover, the historical treatment of
1299	such children as delinquents has too often resulted in the
1300	failure to successfully prosecute the trafficker, who is the
1301	true wrongdoer and threat to society.
1302	(b)  The Legislature establishes the following goals for
1303	the state related to the status and treatment of sexually
1304	exploited children in the dependency process:
1305	1.  To ensure the safety of children.
1306	2.  To provide for the treatment of such children as
1307	dependent children rather than as delinquents.
1308	3.  To sever the bond between exploited children and
1309	traffickers and to reunite these children with their families or
1310	provide them with appropriate guardians.
1311	4.  To enable such children to be willing and reliable
1312	witnesses in the prosecution of traffickers.
1313	(c)  The Legislature finds that sexually exploited children
1314	need special care and services in the dependency process,
1315	including counseling, health care, substance abuse treatment,
1316	educational opportunities, and a safe environment secure from
1317	traffickers.
1318	(d)  The Legislature further finds that sexually exploited
1319	children need the special care and services described in
1320	paragraph (c) independent of their citizenship, residency,
1321	alien, or immigrant status. It is the intent of the Legislature
1322	that this state provide such care and services to all sexually
1323	exploited children in this state who are not otherwise receiving
1324	comparable services, such as those under the federal Trafficking
1325	Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
1326	(8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
1327	(c)  The office is authorized and directed to:
1328	1.  Oversee the preparation and implementation of the state
1329	plan established under subsection (9) (8) and revise and update
1330	the state plan as necessary.
1331	2.  Provide for or make available continuing professional
1332	education and training in the prevention of child abuse and
1333	neglect.
1334	3.  Work to secure funding in the form of appropriations,
1335	gifts, and grants from the state, the Federal Government, and
1336	other public and private sources in order to ensure that
1337	sufficient funds are available for the promotion of adoption,
1338	support of adoptive families, and child abuse prevention
1339	efforts.
1340	4.  Make recommendations pertaining to agreements or
1341	contracts for the establishment and development of:
1342	a.  Programs and services for the promotion of adoption,
1343	support of adoptive families, and prevention of child abuse and
1344	neglect.
1345	b.  Training programs for the prevention of child abuse and
1346	neglect.
1347	c.  Multidisciplinary and discipline-specific training
1348	programs for professionals with responsibilities affecting
1349	children, young adults, and families.
1350	d.  Efforts to promote adoption.
1351	e.  Postadoptive services to support adoptive families.
1352	5.  Monitor, evaluate, and review the development and
1353	quality of local and statewide services and programs for the
1354	promotion of adoption, support of adoptive families, and
1355	prevention of child abuse and neglect and shall publish and
1356	distribute an annual report of its findings on or before January
1357	1 of each year to the Governor, the Speaker of the House of
1358	Representatives, the President of the Senate, the head of each
1359	state agency affected by the report, and the appropriate
1360	substantive committees of the Legislature. The report shall
1361	include:
1362	a.  A summary of the activities of the office.
1363	b.  A summary of the adoption data collected and reported
1364	to the federal Adoption and Foster Care Analysis and Reporting
1365	System (AFCARS) and the federal Administration for Children and
1366	Families.
1367	c.  A summary of the child abuse prevention data collected
1368	and reported to the National Child Abuse and Neglect Data System
1369	(NCANDS) and the federal Administration for Children and
1370	Families.
1371	d.  A summary detailing the timeliness of the adoption
1372	process for children adopted from within the child welfare
1373	system.
1374	e.  Recommendations, by state agency, for the further
1375	development and improvement of services and programs for the
1376	promotion of adoption, support of adoptive families, and
1377	prevention of child abuse and neglect.
1378	f.  Budget requests, adoption promotion and support needs,
1379	and child abuse prevention program needs by state agency.
1380	6.  Work with the direct-support organization established
1381	under s. 39.0011 to receive financial assistance.
1382	(10)(9)  FUNDING AND SUBSEQUENT PLANS.-
1383	(b)  The office and the other agencies and organizations
1384	listed in paragraph (9)(8)(a) shall readdress the state plan and
1385	make necessary revisions every 5 years, at a minimum. Such
1386	revisions shall be submitted to the Speaker of the House of
1387	Representatives and the President of the Senate no later than
1388	June 30 of each year divisible by 5. At least biennially, the
1389	office shall review the state plan and make any necessary
1390	revisions based on changing needs and program evaluation
1391	results. An annual progress report shall be submitted to update
1392	the state plan in the years between the 5-year intervals. In
1393	order to avoid duplication of effort, these required plans may
1394	be made a part of or merged with other plans required by either
1395	the state or Federal Government, so long as the portions of the
1396	other state or Federal Government plan that constitute the state
1397	plan for the promotion of adoption, support of adoptive
1398	families, and prevention of child abuse, abandonment, and
1399	neglect are clearly identified as such and are provided to the
1400	Speaker of the House of Representatives and the President of the
1401	Senate as required above.
1402	Section 15.  Effective January 1, 2012, subsections (2) and
1403	(15) and paragraph (g) of subsection (67) of section 39.01,
1404	Florida Statutes, are amended to read:
1405	39.01  Definitions.-When used in this chapter, unless the
1406	context otherwise requires:
1407	(2)  "Abuse" means any willful act or threatened act that
1408	results in any physical, mental, or sexual abuse, injury, or
1409	harm that causes or is likely to cause the child's physical,
1410	mental, or emotional health to be significantly impaired. Abuse
1411	of a child includes acts or omissions. Corporal discipline of a
1412	child by a parent or legal custodian for disciplinary purposes
1413	does not in itself constitute abuse when it does not result in
1414	harm to the child.
1415	(15)  "Child who is found to be dependent" means a child
1416	who, pursuant to this chapter, is found by the court:
1417	(a)  To have been abandoned, abused, or neglected by the
1418	child's parent or parents or legal custodians;
1419	(b)  To have been surrendered to the department, the former
1420	Department of Health and Rehabilitative Services, or a licensed
1421	child-placing agency for purpose of adoption;
1422	(c)  To have been voluntarily placed with a licensed child-
1423	caring agency, a licensed child-placing agency, an adult
1424	relative, the department, or the former Department of Health and
1425	Rehabilitative Services, after which placement, under the
1426	requirements of this chapter, a case plan has expired and the
1427	parent or parents or legal custodians have failed to
1428	substantially comply with the requirements of the plan;
1429	(d)  To have been voluntarily placed with a licensed child-
1430	placing agency for the purposes of subsequent adoption, and a
1431	parent or parents have signed a consent pursuant to the Florida
1432	Rules of Juvenile Procedure;
1433	(e)  To have no parent or legal custodians capable of
1434	providing supervision and care; or
1435	(f)  To be at substantial risk of imminent abuse,
1436	abandonment, or neglect by the parent or parents or legal
1437	custodians; or
1438	(g)  To have been sexually exploited and to have no parent,
1439	legal custodian, or responsible adult relative currently known
1440	and capable of providing the necessary and appropriate
1441	supervision and care.
1442	(67)  "Sexual abuse of a child" means one or more of the
1443	following acts:
1444	(g)  The sexual exploitation of a child, which includes the
1445	act of a child offering to engage in or engaging in
1446	prostitution; or allowing, encouraging, or forcing a child to:
1447	1.  Solicit for or engage in prostitution; or
1448	2.  Engage in a sexual performance, as defined by chapter
1449	827; or
1450	3.  Participate in the trade of sex trafficking as provided
1451	in s. 796.035.
1452	Section 16.  Effective January 1, 2012, paragraph (b) of
1453	subsection (2) and paragraph (b) of subsection (3) of section
1454	39.401, Florida Statutes, are amended to read:
1455	39.401  Taking a child alleged to be dependent into
1456	custody; law enforcement officers and authorized agents of the
1457	department.-
1458	(2)  If the law enforcement officer takes the child into
1459	custody, that officer shall:
1460	(b)  Deliver the child to an authorized agent of the
1461	department, stating the facts by reason of which the child was
1462	taken into custody and sufficient information to establish
1463	probable cause that the child is abandoned, abused, or
1464	neglected, or otherwise dependent. In the case of a child for
1465	whom there is probable cause to believe he or she has been
1466	sexually exploited, the law enforcement officer shall deliver
1467	the child to the appropriate short-term safe house as provided
1468	for in s. 409.1678 if a short-term safe house is available.
1469
1470	For cases involving allegations of abandonment, abuse, or
1471	neglect, or other dependency cases, within 3 days after such
1472	release or within 3 days after delivering the child to an
1473	authorized agent of the department, the law enforcement officer
1474	who took the child into custody shall make a full written report
1475	to the department.
1476	(3)  If the child is taken into custody by, or is delivered
1477	to, an authorized agent of the department, the agent shall
1478	review the facts supporting the removal with an attorney
1479	representing the department. The purpose of the review is to
1480	determine whether there is probable cause for the filing of a
1481	shelter petition.
1482	(b)  If the facts are sufficient and the child has not been
1483	returned to the custody of the parent or legal custodian, the
1484	department shall file the petition and schedule a hearing, and
1485	the attorney representing the department shall request that a
1486	shelter hearing be held within 24 hours after the removal of the
1487	child. While awaiting the shelter hearing, the authorized agent
1488	of the department may place the child in licensed shelter care,
1489	or in a short-term safe house if the child is a sexually
1490	exploited child, or may release the child to a parent or legal
1491	custodian or responsible adult relative or the adoptive parent
1492	of the child's sibling who shall be given priority consideration
1493	over a licensed placement, or a responsible adult approved by
1494	the department if this is in the best interests of the child.
1495	Placement of a child which is not in a licensed shelter must be
1496	preceded by a criminal history records check as required under
1497	s. 39.0138. In addition, the department may authorize placement
1498	of a housekeeper/homemaker in the home of a child alleged to be
1499	dependent until the parent or legal custodian assumes care of
1500	the child.
1501	Section 17.  Effective January 1, 2012, subsection (2) and
1502	paragraphs (a), (d), and (h) of subsection (8) of section
1503	39.402, Florida Statutes, are amended to read:
1504	39.402  Placement in a shelter.-
1505	(2)  A child taken into custody may be placed or continued
1506	in a shelter only if one or more of the criteria in subsection
1507	(1) apply applies and the court has made a specific finding of
1508	fact regarding the necessity for removal of the child from the
1509	home and has made a determination that the provision of
1510	appropriate and available services will not eliminate the need
1511	for placement. In the case of a child who is alleged to have
1512	been sexually exploited, there is a rebuttable presumption that
1513	placement in a short-term safe house is necessary.
1514	(8)(a)  A child may not be held in a shelter longer than 24
1515	hours unless an order so directing is entered by the court after
1516	a shelter hearing. In the interval until the shelter hearing is
1517	held, the decision to place the child in a shelter or release
1518	the child from a shelter lies with the protective investigator.
1519	In the case of a child who is alleged to have been sexually
1520	exploited, there is a rebuttable presumption that placement in a
1521	short-term safe house is necessary.
1522	(d)  At the shelter hearing, in order to continue the child
1523	in shelter care:
1524	1.  The department must establish probable cause that
1525	reasonable grounds for removal exist and that the provision of
1526	appropriate and available services will not eliminate the need
1527	for placement;
1528	2.  The department must establish probable cause for the
1529	belief that the child has been sexually exploited and,
1530	therefore, that placement in a short-term safe house is the most
1531	appropriate environment for the child; or
1532	3.2.  The court must determine that additional time is
1533	necessary, which may not exceed 72 hours, in which to obtain and
1534	review documents pertaining to the family in order to
1535	appropriately determine the risk to the child during which time
1536	the child shall remain in the department's custody, if so
1537	ordered by the court.
1538	(h)  The order for placement of a child in shelter care
1539	must identify the parties present at the hearing and must
1540	contain written findings:
1541	1.  That placement in shelter care is necessary based on
1542	the criteria in subsections (1) and (2).
1543	2.  That placement in shelter care is in the best interest
1544	of the child.
1545	3.  That continuation of the child in the home is contrary
1546	to the welfare of the child because the home situation presents
1547	a substantial and immediate danger to the child's physical,
1548	mental, or emotional health or safety which cannot be mitigated
1549	by the provision of preventive services.
1550	4.  That based upon the allegations of the petition for
1551	placement in shelter care, there is probable cause to believe
1552	that the child is dependent or that the court needs additional
1553	time, which may not exceed 72 hours, in which to obtain and
1554	review documents pertaining to the family in order to
1555	appropriately determine the risk to the child.
1556	5.  That the department has made reasonable efforts to
1557	prevent or eliminate the need for removal of the child from the
1558	home. A finding of reasonable effort by the department to
1559	prevent or eliminate the need for removal may be made and the
1560	department is deemed to have made reasonable efforts to prevent
1561	or eliminate the need for removal if:
1562	a.  The first contact of the department with the family
1563	occurs during an emergency;
1564	b.  The appraisal of the home situation by the department
1565	indicates that the home situation presents a substantial and
1566	immediate danger to the child's physical, mental, or emotional
1567	health or safety which cannot be mitigated by the provision of
1568	preventive services;
1569	c.  The child cannot safely remain at home, either because
1570	there are no preventive services that can ensure the health and
1571	safety of the child or because, even with appropriate and
1572	available services being provided, the health and safety of the
1573	child cannot be ensured;
1574	d.  The child has been sexually exploited; or
1575	e.d.  The parent or legal custodian is alleged to have
1576	committed any of the acts listed as grounds for expedited
1577	termination of parental rights in s. 39.806(1)(f)-(i).
1578	6.  That the court notified the parents, relatives that are
1579	providing out-of-home care for the child, or legal custodians of
1580	the time, date, and location of the next dependency hearing and
1581	of the importance of the active participation of the parents,
1582	relatives that are providing out-of-home care for the child, or
1583	legal custodians in all proceedings and hearings.
1584	7.  That the court notified the parents or legal custodians
1585	of their right to counsel to represent them at the shelter
1586	hearing and at each subsequent hearing or proceeding, and the
1587	right of the parents to appointed counsel, pursuant to the
1588	procedures set forth in s. 39.013.
1589	8.  That the court notified relatives who are providing
1590	out-of-home care for a child as a result of the shelter petition
1591	being granted that they have the right to attend all subsequent
1592	hearings, to submit reports to the court, and to speak to the
1593	court regarding the child, if they so desire.
1594	Section 18.  Effective January 1, 2012, paragraph (f) of
1595	subsection (1) and paragraph (d) of subsection (3) of section
1596	39.521, Florida Statutes, are amended to read:
1597	39.521  Disposition hearings; powers of disposition.-
1598	(1)  A disposition hearing shall be conducted by the court,
1599	if the court finds that the facts alleged in the petition for
1600	dependency were proven in the adjudicatory hearing, or if the
1601	parents or legal custodians have consented to the finding of
1602	dependency or admitted the allegations in the petition, have
1603	failed to appear for the arraignment hearing after proper
1604	notice, or have not been located despite a diligent search
1605	having been conducted.
1606	(f)  If the court places the child in an out-of-home
1607	placement, the disposition order must include a written
1608	determination that the child cannot safely remain at home with
1609	reunification or family preservation services and that removal
1610	of the child is necessary to protect the child. If the child is
1611	removed before the disposition hearing, the order must also
1612	include a written determination as to whether, after removal,
1613	the department made a reasonable effort to reunify the parent
1614	and child. Reasonable efforts to reunify are not required if the
1615	court finds that any of the acts listed in s. 39.806(1)(f)-(l)
1616	have occurred. The department has the burden of demonstrating
1617	that it made reasonable efforts.
1618	1.  For the purposes of this paragraph, the term
1619	"reasonable effort" means the exercise of reasonable diligence
1620	and care by the department to provide the services ordered by
1621	the court or delineated in the case plan.
1622	2.  In support of its determination as to whether
1623	reasonable efforts have been made, the court shall:
1624	a.  Enter written findings as to whether prevention or
1625	reunification efforts were indicated.
1626	b.  If prevention or reunification efforts were indicated,
1627	include a brief written description of what appropriate and
1628	available prevention and reunification efforts were made.
1629	c.  Indicate in writing why further efforts could or could
1630	not have prevented or shortened the separation of the parent and
1631	child.
1632	3.  A court may find that the department made a reasonable
1633	effort to prevent or eliminate the need for removal if:
1634	a.  The first contact of the department with the family
1635	occurs during an emergency;
1636	b.  The appraisal by the department of the home situation
1637	indicates a substantial and immediate danger to the child's
1638	safety or physical, mental, or emotional health which cannot be
1639	mitigated by the provision of preventive services;
1640	c.  The child cannot safely remain at home, because there
1641	are no preventive services that can ensure the health and safety
1642	of the child or, even with appropriate and available services
1643	being provided, the health and safety of the child cannot be
1644	ensured. There is a rebuttable presumption that any child who
1645	has been found to be a victim of sexual exploitation as defined
1646	in s. 39.01(67)(g) meets the terms of this sub-subparagraph; or
1647	d.  The parent is alleged to have committed any of the acts
1648	listed as grounds for expedited termination of parental rights
1649	under s. 39.806(1)(f)-(l).
1650	4.  A reasonable effort by the department for reunification
1651	has been made if the appraisal of the home situation by the
1652	department indicates that the severity of the conditions of
1653	dependency is such that reunification efforts are inappropriate.
1654	The department has the burden of demonstrating to the court that
1655	reunification efforts were inappropriate.
1656	5.  If the court finds that the prevention or reunification
1657	effort of the department would not have permitted the child to
1658	remain safely at home, the court may commit the child to the
1659	temporary legal custody of the department or take any other
1660	action authorized by this chapter.
1661	(3)  When any child is adjudicated by a court to be
1662	dependent, the court shall determine the appropriate placement
1663	for the child as follows:
1664	(d)  If the child cannot be safely placed in a nonlicensed
1665	placement, the court shall commit the child to the temporary
1666	legal custody of the department. Such commitment invests in the
1667	department all rights and responsibilities of a legal custodian.
1668	The department shall not return any child to the physical care
1669	and custody of the person from whom the child was removed,
1670	except for court-approved visitation periods, without the
1671	approval of the court. Any order for visitation or other contact
1672	must conform to the provisions of s. 39.0139. There is a
1673	rebuttable presumption that any child who has been found to be a
1674	victim of sexual exploitation as defined in s. 39.01(67)(g) be
1675	committed to a safe house as provided for in s. 409.1678. The
1676	term of such commitment continues until terminated by the court
1677	or until the child reaches the age of 18. After the child is
1678	committed to the temporary legal custody of the department, all
1679	further proceedings under this section are governed by this
1680	chapter.
1681
1682	Protective supervision continues until the court terminates it
1683	or until the child reaches the age of 18, whichever date is
1684	first. Protective supervision shall be terminated by the court
1685	whenever the court determines that permanency has been achieved
1686	for the child, whether with a parent, another relative, or a
1687	legal custodian, and that protective supervision is no longer
1688	needed. The termination of supervision may be with or without
1689	retaining jurisdiction, at the court's discretion, and shall in
1690	either case be considered a permanency option for the child. The
1691	order terminating supervision by the department shall set forth
1692	the powers of the custodian of the child and shall include the
1693	powers ordinarily granted to a guardian of the person of a minor
1694	unless otherwise specified. Upon the court's termination of
1695	supervision by the department, no further judicial reviews are
1696	required, so long as permanency has been established for the
1697	child.
1698	Section 19.  Effective January 1, 2012, section 39.524,
1699	Florida Statutes, is created to read:
1700	39.524  Safe-harbor placement.-
1701	(1)  Except as provided in s. 39.407, any dependent child 6
1702	years of age or older who has been found to be a victim of
1703	sexual exploitation as defined in s. 39.01(67)(g) must be
1704	assessed for placement in a safe house as provided in s.
1705	409.1678. The assessment shall be conducted by the department or
1706	its agent and shall incorporate and address current and
1707	historical information from any law enforcement reports;
1708	psychological testing or evaluation that has occurred; current
1709	and historical information from the guardian ad litem, if one
1710	has been assigned; current and historical information from any
1711	current therapist, teacher, or other professional who has
1712	knowledge of the child and has worked with the child; and any
1713	other information concerning the availability and suitability of
1714	safe-house placement. If such placement is determined to be
1715	appropriate as a result of this procedure, the child must be
1716	placed in a safe house, if one is available. As used in this
1717	section, the term "available" as it relates to a placement means
1718	a placement that is located within the circuit or that is
1719	otherwise reasonably accessible.
1720	(2)  The results of the assessment described in subsection
1721	(1) and the actions taken as a result of the assessment must be
1722	included in the next judicial review of the child. At each
1723	subsequent judicial review, the court must be advised in writing
1724	of the status of the child's placement, with special reference
1725	regarding the stability of the placement and the permanency
1726	planning for the child.
1727	(3)  Any safe house that receives children under this
1728	section shall establish special permanency teams dedicated to
1729	overcoming the special permanency challenges presented by this
1730	population of children. Each facility shall report to the
1731	department its success in achieving permanency for children
1732	placed by the department in its care at intervals that allow the
1733	current information to be provided to the court at each judicial
1734	review for the child.
1735	(4)(a)  By December 1 of each year, the department shall
1736	report to the Legislature on the placement of children in safe
1737	houses during the year, including the criteria used to determine
1738	the placement of children, the number of children who were
1739	evaluated for placement, the number of children who were placed
1740	based upon the evaluation, and the number of children who were
1741	not placed.
1742	(b)  The department shall maintain data specifying the
1743	number of children who were referred to a safe house for whom
1744	placement was unavailable and the counties in which such
1745	placement was unavailable. The department shall include this
1746	data in its report under this subsection so that the Legislature
1747	may consider this information in developing the General
1748	Appropriations Act.
1749	Section 20.  Effective January 1, 2012, section 409.1678,
1750	Florida Statutes, is created to read:
1751	409.1678  Safe harbor for children who are victims of
1752	sexual exploitation.-
1753	(1)  As used in this section, the term:
1754	(a)  "Child advocate" means an employee of a short-term
1755	safe house who has been trained to work with and advocate for
1756	the needs of sexually exploited children. The advocate shall
1757	accompany the child to all court appearances, meetings with law
1758	enforcement, and the state attorney's office and shall serve as
1759	a liaison between the short-term safe house and the court.
1760	(b)  "Safe house" means a living environment that has set
1761	aside gender-specific, separate, and distinct living quarters
1762	for sexually exploited children who have been adjudicated
1763	dependent or delinquent and need to reside in a secure
1764	residential facility with staff members awake 24 hours a day. A
1765	safe house shall be operated by a licensed family foster home or
1766	residential child-caring agency as defined in s. 409.175,
1767	including a runaway youth center as defined in s. 409.441. Each
1768	facility must be appropriately licensed in this state as a
1769	residential child-caring agency as defined in s. 409.175 and
1770	must be accredited by July 1, 2012. A safe house serving
1771	children who have been sexually exploited must have available
1772	staff or contract personnel with the clinical expertise,
1773	credentials, and training to provide services identified in
1774	paragraph (2)(b).
1775	(c)  "Secure" means that a child is supervised 24 hours a
1776	day by staff members who are awake while on duty.
1777	(d)  "Sexually exploited child" means a dependent child who
1778	has suffered sexual exploitation as defined in s. 39.01(67)(g)
1779	and is ineligible for relief and benefits under the federal
1780	Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
1781	(e)  "Short-term safe house" means a shelter operated by a
1782	licensed residential child-caring agency as defined in s.
1783	409.175, including a runaway youth center as defined in s.
1784	409.441, that has set aside gender-specific, separate, and
1785	distinct living quarters for sexually exploited children. In
1786	addition to shelter, the house shall provide services and care
1787	to sexually exploited children, including food, clothing,
1788	medical care, counseling, and appropriate crisis intervention
1789	services at the time they are taken into custody by law
1790	enforcement or the department.
1791	(2)(a)  Notwithstanding any other provision of law,
1792	pursuant to regulations of the department, every circuit of the
1793	department shall address the child welfare service needs of
1794	sexually exploited children as a component of the circuit's
1795	master plan. This determination shall be made in consultation
1796	with local law enforcement, runaway and homeless youth program
1797	providers, local probation departments, local community-based
1798	care and social services, local guardians ad litem, public
1799	defenders, state attorney's offices, and child advocates and
1800	services providers who work directly with sexually exploited
1801	youth.
1802	(b)  The lead agency, not-for-profit agency, or local
1803	government entity providing safe-house services is responsible
1804	for security, crisis intervention services, general counseling
1805	and victim-witness counseling, a comprehensive assessment,
1806	residential care, transportation, access to behavioral health
1807	services, recreational activities, food, clothing, supplies,
1808	infant care, and miscellaneous expenses associated with caring
1809	for these children; for necessary arrangement for or provision
1810	of educational services, including life skills services and
1811	planning services to successfully transition residents back to
1812	the community; and for ensuring necessary and appropriate health
1813	and dental care.
1814	(c)  This section does not prohibit any provider of these
1815	services from appropriately billing Medicaid for services
1816	rendered, from contracting with a local school district for
1817	educational services, or from obtaining federal or local funding
1818	for services provided, as long as two or more funding sources do
1819	not pay for the same specific service that has been provided to
1820	a child.
1821	(d)  The lead agency, not-for-profit agency, or local
1822	government entity providing safe-house services has the legal
1823	authority for children served in a safe-house program, as
1824	provided in chapter 39 or this chapter, as appropriate, to
1825	enroll the child in school, to sign for a driver's license for
1826	the child, to cosign loans and insurance for the child, to sign
1827	for medical treatment of the child, and to authorize other such
1828	activities.
1829	(e)  All of the services created under this section may, to
1830	the extent possible provided by law, be available to all
1831	sexually exploited children whether they are accessed
1832	voluntarily, as a condition of probation, through a diversion
1833	program, through a proceeding under chapter 39, or through a
1834	referral from a local community-based care or social service
1835	agency.
1836	(3)  The local circuit administrator may, to the extent
1837	that funds are available, in conjunction with local law
1838	enforcement officials, contract with an appropriate not-for-
1839	profit agency having experience working with sexually exploited
1840	children to train law enforcement officials who are likely to
1841	encounter sexually exploited children in the course of their law
1842	enforcement duties on the provisions of this section and how to
1843	identify and obtain appropriate services for sexually exploited
1844	children. Circuits may work cooperatively to provide such
1845	training, and such training may be provided on a regional basis.
1846	The department shall assist circuits in obtaining any available
1847	funds for the purposes of conducting law enforcement training
1848	from the Office of Juvenile Justice and Delinquency Prevention
1849	of the United States Department of Justice.
1850	Section 21.  Effective January 1, 2012, paragraph (f) of
1851	subsection (2) of section 796.07, Florida Statutes, is
1852	republished, and subsection (6) of that section is amended, to
1853	read:
1854	796.07  Prohibiting prostitution and related acts, etc.;
1855	evidence; penalties; definitions.-
1856	(2)  It is unlawful:
1857	(f)  To solicit, induce, entice, or procure another to
1858	commit prostitution, lewdness, or assignation.
1859	(6)  A person who violates paragraph (2)(f) shall be
1860	assessed a civil penalty of $5,000 $500 if the violation results
1861	in any judicial disposition other than acquittal or dismissal.
1862	Of the proceeds from each penalty penalties assessed under this
1863	subsection, $500 shall be paid to the circuit court
1864	administrator for the sole purpose of paying the administrative
1865	costs of treatment-based drug court programs provided under s.
1866	397.334 and $4,500 shall be paid to the Department of Children
1867	and Family Services for the sole purpose of funding safe houses
1868	and short-term safe houses as provided in s. 409.1678.
1869	Section 22.  Effective January 1, 2012, section 960.065,
1870	Florida Statutes, is amended to read:
1871	960.065  Eligibility for awards.-
1872	(1)  Except as provided in subsection (2), the following
1873	persons shall be eligible for awards pursuant to this chapter:
1874	(a)  A victim.
1875	(b)  An intervenor.
1876	(c)  A surviving spouse, parent or guardian, sibling, or
1877	child of a deceased victim or intervenor.
1878	(d)  Any other person who is dependent for his or her
1879	principal support upon a deceased victim or intervenor.
1880	(2)  Any claim filed by or on behalf of a person who:
1881	(a)  Committed or aided in the commission of the crime upon
1882	which the claim for compensation was based;
1883	(b)  Was engaged in an unlawful activity at the time of the
1884	crime upon which the claim for compensation is based;
1885	(c)  Was in custody or confined, regardless of conviction,
1886	in a county or municipal detention facility, a state or federal
1887	correctional facility, or a juvenile detention or commitment
1888	facility at the time of the crime upon which the claim for
1889	compensation is based;
1890	(d)  Has been adjudicated as a habitual felony offender,
1891	habitual violent offender, or violent career criminal under s.
1892	775.084; or
1893	(e)  Has been adjudicated guilty of a forcible felony
1894	offense as described in s. 776.08,
1895
1896	is ineligible shall not be eligible for an award.
1897	(3)  Any claim filed by or on behalf of a person who was in
1898	custody or confined, regardless of adjudication, in a county or
1899	municipal facility, a state or federal correctional facility, or
1900	a juvenile detention, commitment, or assessment facility at the
1901	time of the crime upon which the claim is based, who has been
1902	adjudicated as a habitual felony offender under s. 775.084, or
1903	who has been adjudicated guilty of a forcible felony offense as
1904	described in s. 776.08, renders the person ineligible shall not
1905	be eligible for an award. Notwithstanding the foregoing, upon a
1906	finding by the Crime Victims' Services Office of the existence
1907	of mitigating or special circumstances that would render such a
1908	disqualification unjust, an award may be approved. A decision
1909	that mitigating or special circumstances do not exist in a case
1910	subject to this section does shall not constitute final agency
1911	action subject to review pursuant to ss. 120.569 and 120.57.
1912	(4)  Payment may not be made under this chapter if the
1913	person who committed the crime upon which the claim is based
1914	will receive any direct or indirect financial benefit from such
1915	payment, unless such benefit is minimal or inconsequential.
1916	Payment may not be denied based on the victim's familial
1917	relationship to the offender or based upon the sharing of a
1918	residence by the victim and offender, except to prevent unjust
1919	enrichment of the offender.
1920	(5)  A person is not ineligible for an award pursuant to
1921	paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
1922	person is a victim of sexual exploitation of a child as defined
1923	in s. 39.01(67)(g).
1924	Section 23.  Effective January 1, 2012, paragraph (b) of
1925	subsection (2) of section 985.115, Florida Statutes, is amended
1926	to read:
1927	985.115  Release or delivery from custody.-
1928	(2)  Unless otherwise ordered by the court under s. 985.255
1929	or s. 985.26, and unless there is a need to hold the child, a
1930	person taking a child into custody shall attempt to release the
1931	child as follows:
1932	(b)  Contingent upon specific appropriation, to a shelter
1933	approved by the department or to an authorized agent or short-
1934	term safe house under s. 39.401(2)(b).
1935	Section 24.  Effective January 1, 2012, paragraph (i) of
1936	subsection (1) of section 985.145, Florida Statutes, is amended
1937	to read:
1938	985.145  Responsibilities of juvenile probation officer
1939	during intake; screenings and assessments.-
1940	(1)  The juvenile probation officer shall serve as the
1941	primary case manager for the purpose of managing, coordinating,
1942	and monitoring the services provided to the child. Each program
1943	administrator within the Department of Children and Family
1944	Services shall cooperate with the primary case manager in
1945	carrying out the duties and responsibilities described in this
1946	section. In addition to duties specified in other sections and
1947	through departmental rules, the assigned juvenile probation
1948	officer shall be responsible for the following:
1949	(i)  Recommendation concerning a petition.-Upon determining
1950	that the report, affidavit, or complaint complies with the
1951	standards of a probable cause affidavit and that the interests
1952	of the child and the public will be best served, the juvenile
1953	probation officer may recommend that a delinquency petition not
1954	be filed. If such a recommendation is made, the juvenile
1955	probation officer shall advise in writing the person or agency
1956	making the report, affidavit, or complaint, the victim, if any,
1957	and the law enforcement agency having investigative jurisdiction
1958	over the offense of the recommendation; the reasons therefor;
1959	and that the person or agency may submit, within 10 days after
1960	the receipt of such notice, the report, affidavit, or complaint
1961	to the state attorney for special review. In the case of a
1962	report, affidavit, or complaint alleging a violation of s.
1963	796.07(2)(f), there is a presumption that the juvenile probation
1964	officer recommend that a petition not be filed unless the child
1965	has previously been adjudicated delinquent. The state attorney,
1966	upon receiving a request for special review, shall consider the
1967	facts presented by the report, affidavit, or complaint, and by
1968	the juvenile probation officer who made the recommendation that
1969	no petition be filed, before making a final decision as to
1970	whether a petition or information should or should not be filed.
1971	Section 25.  Effective January 1, 2012, paragraph (c) of
1972	subsection (1) of section 985.15, Florida Statutes, is amended
1973	to read:
1974	985.15  Filing decisions.-
1975	(1)  The state attorney may in all cases take action
1976	independent of the action or lack of action of the juvenile
1977	probation officer and shall determine the action that is in the
1978	best interest of the public and the child. If the child meets
1979	the criteria requiring prosecution as an adult under s. 985.556,
1980	the state attorney shall request the court to transfer and
1981	certify the child for prosecution as an adult or shall provide
1982	written reasons to the court for not making such a request. In
1983	all other cases, the state attorney may:
1984	(c)  File a petition for delinquency. In the case of a
1985	report, affidavit, or complaint alleging a violation of s.
1986	796.07(2)(f), there is a presumption that a petition not be
1987	filed unless the child has previously been adjudicated
1988	delinquent;
1989	Section 26.  If any provision of this act or its
1990	application to any person or circumstance is held invalid, the
1991	invalidity does not affect other provisions or applications of
1992	this act which can be given effect without the invalid provision
1993	or application, and to this end the provisions of this act are
1994	severable. This section shall take effect upon this act becoming
1995	a law.
1996	Section 27.  Except as otherwise expressly provided in this
1997	act and except for this section, which shall take effect upon
1998	this act becoming a law, this act shall take effect April 30,
1999	2012.

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