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