Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1890
       
       
       
       
       
       
                                Barcode 412196                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/25/2011           .                                
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       The Committee on Judiciary (Richter) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (i) of subsection (2), paragraphs (a),
    6  (e), (g), (i), and (j) of subsection (6), paragraph (a) of
    7  subsection (8), and paragraph (a) of subsection (10) of section
    8  775.21, Florida Statutes, are amended to read:
    9         775.21 The Florida Sexual Predators Act.—
   10         (2) DEFINITIONS.—As used in this section, the term:
   11         (i) “Internet identifier Instant message name” means all
   12  electronic mail, chat, instant messenger, social networking, or
   13  similar name used for Internet communication, but does not
   14  include a date of birth, social security number, or personal
   15  identification number (PIN) an identifier that allows a person
   16  to communicate in real time with another person using the
   17  Internet. Voluntary disclosure by the sexual predator of his or
   18  her date of birth, social security number, or personal
   19  identification number (PIN) as an Internet identifier waives the
   20  disclosure exemption in this paragraph for such personal
   21  information.
   22         (6) REGISTRATION.—
   23         (a) A sexual predator must register with the department
   24  through the sheriff’s office by providing the following
   25  information to the department:
   26         1. Name; social security number; age; race; sex; date of
   27  birth; height; weight; hair and eye color; photograph; address
   28  of legal residence and address of any current temporary
   29  residence, within the state or out of state, including a rural
   30  route address and a post office box; if no permanent or
   31  temporary address, any transient residence within the state;
   32  address, location or description, and dates of any current or
   33  known future temporary residence within the state or out of
   34  state; all any electronic mail addresses address and all
   35  Internet identifiers any instant message name required to be
   36  provided pursuant to subparagraph (g)4.; all home telephone
   37  numbers number and any cellular telephone numbers number; date
   38  and place of any employment; date and place of each conviction;
   39  fingerprints; and a brief description of the crime or crimes
   40  committed by the offender. A post office box shall not be
   41  provided in lieu of a physical residential address. The sexual
   42  predator must also produce or provide information about his or
   43  her passport, if he or she has a passport, and, if he or she is
   44  an alien, must produce or provide information about documents
   45  establishing his or her immigration status.
   46         a. If the sexual predator’s place of residence is a motor
   47  vehicle, trailer, mobile home, or manufactured home, as defined
   48  in chapter 320, the sexual predator shall also provide to the
   49  department written notice of the vehicle identification number;
   50  the license tag number; the registration number; and a
   51  description, including color scheme, of the motor vehicle,
   52  trailer, mobile home, or manufactured home. If a sexual
   53  predator’s place of residence is a vessel, live-aboard vessel,
   54  or houseboat, as defined in chapter 327, the sexual predator
   55  shall also provide to the department written notice of the hull
   56  identification number; the manufacturer’s serial number; the
   57  name of the vessel, live-aboard vessel, or houseboat; the
   58  registration number; and a description, including color scheme,
   59  of the vessel, live-aboard vessel, or houseboat.
   60         b. If the sexual predator is enrolled, employed, or
   61  carrying on a vocation at an institution of higher education in
   62  this state, the sexual predator shall also provide to the
   63  department the name, address, and county of each institution,
   64  including each campus attended, and the sexual predator’s
   65  enrollment or employment status. Each change in enrollment or
   66  employment status shall be reported in person at the sheriff’s
   67  office, or the Department of Corrections if the sexual predator
   68  is in the custody or control of or under the supervision of the
   69  Department of Corrections, within 48 hours after any change in
   70  status. The sheriff or the Department of Corrections shall
   71  promptly notify each institution of the sexual predator’s
   72  presence and any change in the sexual predator’s enrollment or
   73  employment status.
   74         2. Any other information determined necessary by the
   75  department, including criminal and corrections records;
   76  nonprivileged personnel and treatment records; and evidentiary
   77  genetic markers when available.
   78         (e)1. If the sexual predator is not in the custody or
   79  control of, or under the supervision of, the Department of
   80  Corrections or is not in the custody of a private correctional
   81  facility, the sexual predator shall register in person:
   82         a. At the sheriff’s office in the county where he or she
   83  establishes or maintains a residence within 48 hours after
   84  establishing or maintaining a residence in this state; and
   85         b. At the sheriff’s office in the county where he or she
   86  was designated a sexual predator by the court within 48 hours
   87  after such finding is made.
   88         2. Any change in the sexual predator’s permanent or
   89  temporary residence, name, or all any electronic mail addresses
   90  address and all Internet identifiers any instant message name
   91  required to be provided pursuant to subparagraph (g)4., after
   92  the sexual predator registers in person at the sheriff’s office
   93  as provided in subparagraph 1., shall be accomplished in the
   94  manner provided in paragraphs (g), (i), and (j). When a sexual
   95  predator registers with the sheriff’s office, the sheriff shall
   96  take a photograph and a set of fingerprints of the predator and
   97  forward the photographs and fingerprints to the department,
   98  along with the information that the predator is required to
   99  provide pursuant to this section.
  100         (g)1. Each time a sexual predator’s driver’s license or
  101  identification card is subject to renewal, and, without regard
  102  to the status of the predator’s driver’s license or
  103  identification card, within 48 hours after any change of the
  104  predator’s residence or change in the predator’s name by reason
  105  of marriage or other legal process, the predator shall report in
  106  person to a driver’s license office and shall be subject to the
  107  requirements specified in paragraph (f). The Department of
  108  Highway Safety and Motor Vehicles shall forward to the
  109  department and to the Department of Corrections all photographs
  110  and information provided by sexual predators. Notwithstanding
  111  the restrictions set forth in s. 322.142, the Department of
  112  Highway Safety and Motor Vehicles is authorized to release a
  113  reproduction of a color-photograph or digital-image license to
  114  the Department of Law Enforcement for purposes of public
  115  notification of sexual predators as provided in this section. A
  116  sexual predator who is unable to secure or update a driver’s
  117  license or identification card with the Department of Highway
  118  Safety and Motor Vehicles as provided in paragraph (f) and this
  119  paragraph must also report any change of the predator’s
  120  residence or change in the predator’s name by reason of marriage
  121  or other legal process within 48 hours after the change to the
  122  sheriff’s office in the county where the predator resides or is
  123  located and provide confirmation that he or she reported such
  124  information to the Department of Highway Safety and Motor
  125  Vehicles.
  126         2. A sexual predator who vacates a permanent, temporary, or
  127  transient residence and fails to establish or maintain another
  128  permanent, temporary, or transient residence shall, within 48
  129  hours after vacating the permanent, temporary, or transient
  130  residence, report in person to the sheriff’s office of the
  131  county in which he or she is located. The sexual predator shall
  132  specify the date upon which he or she intends to or did vacate
  133  such residence. The sexual predator must provide or update all
  134  of the registration information required under paragraph (a).
  135  The sexual predator must provide an address for the residence or
  136  other place that he or she is or will be located during the time
  137  in which he or she fails to establish or maintain a permanent or
  138  temporary residence.
  139         3. A sexual predator who remains at a permanent, temporary,
  140  or transient residence after reporting his or her intent to
  141  vacate such residence shall, within 48 hours after the date upon
  142  which the predator indicated he or she would or did vacate such
  143  residence, report in person to the sheriff’s office to which he
  144  or she reported pursuant to subparagraph 2. for the purpose of
  145  reporting his or her address at such residence. When the sheriff
  146  receives the report, the sheriff shall promptly convey the
  147  information to the department. An offender who makes a report as
  148  required under subparagraph 2. but fails to make a report as
  149  required under this subparagraph commits a felony of the second
  150  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  151  775.084.
  152         4. A sexual predator must register all any electronic mail
  153  addresses and Internet identifiers address or instant message
  154  name with the department prior to using such electronic mail
  155  addresses and Internet identifiers address or instant message
  156  name on or after October 1, 2007. The department shall establish
  157  an online system through which sexual predators may securely
  158  access and update all electronic mail address and Internet
  159  identifier instant message name information.
  160         (i) A sexual predator who intends to establish a permanent,
  161  temporary, or transient residence in another state or
  162  jurisdiction other than the State of Florida shall report in
  163  person to the sheriff of the county of current residence within
  164  48 hours before the date he or she intends to leave this state
  165  to establish residence in another state or jurisdiction or
  166  within 21 days before his or her planned departure date if the
  167  intended residence of 7 days or more is outside of the United
  168  States. The sexual predator must provide to the sheriff the
  169  address, municipality, county, and state, and country of
  170  intended residence. The sheriff shall promptly provide to the
  171  department the information received from the sexual predator.
  172  The department shall notify the statewide law enforcement
  173  agency, or a comparable agency, in the intended state, or
  174  jurisdiction, or country of residence of the sexual predator’s
  175  intended residence. The failure of a sexual predator to provide
  176  his or her intended place of residence is punishable as provided
  177  in subsection (10).
  178         (j) A sexual predator who indicates his or her intent to
  179  establish a permanent, temporary, or transient residence in
  180  another state, a or jurisdiction other than the State of
  181  Florida, or another country and later decides to remain in this
  182  state shall, within 48 hours after the date upon which the
  183  sexual predator indicated he or she would leave this state,
  184  report in person to the sheriff to which the sexual predator
  185  reported the intended change of residence, and report his or her
  186  intent to remain in this state. If the sheriff is notified by
  187  the sexual predator that he or she intends to remain in this
  188  state, the sheriff shall promptly report this information to the
  189  department. A sexual predator who reports his or her intent to
  190  establish a permanent, temporary, or transient residence in
  191  another state, a or jurisdiction other than the State of
  192  Florida, or another country, but who remains in this state
  193  without reporting to the sheriff in the manner required by this
  194  paragraph, commits a felony of the second degree, punishable as
  195  provided in s. 775.082, s. 775.083, or s. 775.084.
  196         (8) VERIFICATION.—The department and the Department of
  197  Corrections shall implement a system for verifying the addresses
  198  of sexual predators. The system must be consistent with the
  199  provisions of the federal Adam Walsh Child Protection and Safety
  200  Act of 2006 and any other federal standards applicable to such
  201  verification or required to be met as a condition for the
  202  receipt of federal funds by the state. The Department of
  203  Corrections shall verify the addresses of sexual predators who
  204  are not incarcerated but who reside in the community under the
  205  supervision of the Department of Corrections and shall report to
  206  the department any failure by a sexual predator to comply with
  207  registration requirements. County and local law enforcement
  208  agencies, in conjunction with the department, shall verify the
  209  addresses of sexual predators who are not under the care,
  210  custody, control, or supervision of the Department of
  211  Corrections. Local law enforcement agencies shall report to the
  212  department any failure by a sexual predator to comply with
  213  registration requirements.
  214         (a) A sexual predator must report in person each year
  215  during the month of the sexual predator’s birthday and during
  216  every third month thereafter to the sheriff’s office in the
  217  county in which he or she resides or is otherwise located to
  218  reregister. The sheriff’s office may determine the appropriate
  219  times and days for reporting by the sexual predator, which shall
  220  be consistent with the reporting requirements of this paragraph.
  221  Reregistration shall include any changes to the following
  222  information:
  223         1. Name; social security number; age; race; sex; date of
  224  birth; height; weight; hair and eye color; address of any
  225  permanent residence and address of any current temporary
  226  residence, within the state or out of state, including a rural
  227  route address and a post office box; if no permanent or
  228  temporary address, any transient residence within the state;
  229  address, location or description, and dates of any current or
  230  known future temporary residence within the state or out of
  231  state; all any electronic mail addresses address and all
  232  Internet identifiers any instant message name required to be
  233  provided pursuant to subparagraph (6)(g)4.; all home telephone
  234  numbers number and any cellular telephone numbers number; date
  235  and place of any employment; vehicle make, model, color, and
  236  license tag number; fingerprints; and photograph. A post office
  237  box shall not be provided in lieu of a physical residential
  238  address. The sexual predator must also produce or provide
  239  information about his or her passport, if he or she has a
  240  passport, and, if he or she is an alien, must produce or provide
  241  information about documents establishing his or her immigration
  242  status.
  243         2. If the sexual predator is enrolled, employed, or
  244  carrying on a vocation at an institution of higher education in
  245  this state, the sexual predator shall also provide to the
  246  department the name, address, and county of each institution,
  247  including each campus attended, and the sexual predator’s
  248  enrollment or employment status.
  249         3. If the sexual predator’s place of residence is a motor
  250  vehicle, trailer, mobile home, or manufactured home, as defined
  251  in chapter 320, the sexual predator shall also provide the
  252  vehicle identification number; the license tag number; the
  253  registration number; and a description, including color scheme,
  254  of the motor vehicle, trailer, mobile home, or manufactured
  255  home. If the sexual predator’s place of residence is a vessel,
  256  live-aboard vessel, or houseboat, as defined in chapter 327, the
  257  sexual predator shall also provide the hull identification
  258  number; the manufacturer’s serial number; the name of the
  259  vessel, live-aboard vessel, or houseboat; the registration
  260  number; and a description, including color scheme, of the
  261  vessel, live-aboard vessel, or houseboat.
  262         (10) PENALTIES.—
  263         (a) Except as otherwise specifically provided, a sexual
  264  predator who fails to register; who fails, after registration,
  265  to maintain, acquire, or renew a driver’s license or
  266  identification card; who fails to provide required location
  267  information, electronic mail address information, Internet
  268  identifier instant message name information, all home telephone
  269  numbers number and any cellular telephone numbers number, or
  270  change-of-name information; who fails to make a required report
  271  in connection with vacating a permanent residence; who fails to
  272  reregister as required; who fails to respond to any address
  273  verification correspondence from the department within 3 weeks
  274  of the date of the correspondence; or who otherwise fails, by
  275  act or omission, to comply with the requirements of this
  276  section, commits a felony of the third degree, punishable as
  277  provided in s. 775.082, s. 775.083, or s. 775.084.
  278         Section 2. Section 847.0141, Florida Statutes, is created
  279  to read:
  280         847.0141 Unlawful electronic communication between minors;
  281  possession of visual depiction of another minor.—
  282         (1) It is unlawful for a minor to intentionally or
  283  knowingly use an electronic communication device to transmit,
  284  distribute, or display a visual depiction of himself or herself
  285  that depicts nudity and is harmful to minors.
  286         (2)(a) It is unlawful for a minor to intentionally or
  287  knowingly posses a visual depiction of another minor that
  288  depicts nudity and is harmful to minors.
  289         (b) A minor does not violate paragraph (a) if all of the
  290  following apply:
  291         1. The minor did not solicit the visual depiction.
  292         2. The minor took reasonable steps to report the visual
  293  depiction to the minor’s legal guardian or to a school or law
  294  enforcement official.
  295         3. The minor did not transmit or distribute the visual
  296  depiction to a third party.
  297         (3) A minor who violates subsection (1) or subsection (2):
  298         (a) Commits a noncriminal violation for a first violation,
  299  punishable by 8 hours of community service or, if ordered by the
  300  court in lieu of community service, a $60 fine. The court may
  301  also order suitable training concerning such offenses and may
  302  prohibit the use or possession of electronic devices, which may
  303  include, but are not limited to, cellular telephones, cameras,
  304  computers, or other electronic media devices. The court shall
  305  order the confiscation of such unlawful material and authorize
  306  the law enforcement agency in which the material is held to
  307  destroy the unlawful material.
  308         (b) Commits a misdemeanor of the second degree for a
  309  violation that occurs after being found to have committed a
  310  noncriminal violation under paragraph (a), punishable as
  311  provided in s. 775.082 or s. 775.083. The court must order
  312  suitable training concerning such offenses and prohibit the use
  313  or possession of electronic communication devices, which may
  314  include, but are not limited to, cellular telephones, cameras,
  315  computers, or other electronic media devices. The court shall
  316  order the confiscation of such unlawful material and authorize
  317  the law enforcement agency in which the material is held to
  318  destroy the unlawful material.
  319         (c) Commits a misdemeanor of the first degree for a
  320  violation that occurs after being found to have committed a
  321  misdemeanor of the second degree under paragraph (b), punishable
  322  as provided in s. 775.082 or s. 775.083. The court must order
  323  suitable training concerning such offenses or, if ordered by the
  324  court in lieu of training, counseling and prohibit the use or
  325  possession of electronic devices, which may include, but are not
  326  limited to, cellular telephones, cameras, computers, or other
  327  electronic media devices. The court shall order confiscation of
  328  such unlawful material and authorize the law enforcement agency
  329  in which the material is held to destroy the unlawful material.
  330         (d) Commits a felony of the third degree for a violation
  331  that occurs after being found to have committed a misdemeanor of
  332  the first degree under paragraph (c), punishable as provided in
  333  s. 775.082, s. 775.083, or s. 775.084. The court must order a
  334  mental health evaluation by a qualified practitioner, as defined
  335  in s. 948.001, and treatment, if recommended by the
  336  practitioner. The court shall order confiscation of such
  337  unlawful material and authorize the law enforcement agency in
  338  which the material is held to destroy the unlawful material.
  339         (4) Whenever any law enforcement officer arrests any person
  340  charged with any offense under this section, the officer shall
  341  seize the prohibited material and take the material into his or
  342  her custody to await the sentence of the court upon the trial of
  343  the offender.
  344         (5) This section does not prohibit the prosecution of a
  345  minor for a violation of any law of this state if the electronic
  346  communication includes the depiction of sexual conduct or sexual
  347  excitement and does not prohibit the prosecution of a minor for
  348  stalking under s. 784.048.
  349         Section 3. Paragraphs (a) and (g) of subsection (1),
  350  subsection (2), paragraphs (a) and (d) of subsection (4),
  351  subsections (7) and (8), and paragraph (c) of subsection (14) of
  352  section 943.0435, Florida Statutes, are amended to read:
  353         943.0435 Sexual offenders required to register with the
  354  department; penalty.—
  355         (1) As used in this section, the term:
  356         (a)1. “Sexual offender” means a person who meets the
  357  criteria in sub-subparagraph a., sub-subparagraph b., sub
  358  subparagraph c., or sub-subparagraph d., as follows:
  359         a.(I) Has been convicted of committing, or attempting,
  360  soliciting, or conspiring to commit, any of the criminal
  361  offenses proscribed in the following statutes in this state or
  362  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
  363  or s. 787.025(2)(c), where the victim is a minor and the
  364  defendant is not the victim’s parent or guardian; s. 794.011,
  365  excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
  366  800.04; s. 825.1025; s. 826.04 where the victim is a minor and
  367  the defendant is 18 years of age or older; s. 827.071; s.
  368  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
  369  847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
  370  committed in this state which has been redesignated from a
  371  former statute number to one of those listed in this sub-sub
  372  subparagraph; and
  373         (II) Has been released on or after October 1, 1997, from
  374  the sanction imposed for any conviction of an offense described
  375  in sub-sub-subparagraph (I). For purposes of sub-sub
  376  subparagraph (I), a sanction imposed in this state or in any
  377  other jurisdiction includes, but is not limited to, a fine,
  378  probation, community control, parole, conditional release,
  379  control release, or incarceration in a state prison, federal
  380  prison, private correctional facility, or local detention
  381  facility;
  382         b. Establishes or maintains a residence in this state and
  383  who has not been designated as a sexual predator by a court of
  384  this state but who has been designated as a sexual predator, as
  385  a sexually violent predator, or by another sexual offender
  386  designation in another state or jurisdiction and was, as a
  387  result of such designation, subjected to registration or
  388  community or public notification, or both, or would be if the
  389  person were a resident of that state or jurisdiction, without
  390  regard to whether the person otherwise meets the criteria for
  391  registration as a sexual offender;
  392         c. Establishes or maintains a residence in this state who
  393  is in the custody or control of, or under the supervision of,
  394  any other state or jurisdiction as a result of a conviction for
  395  committing, or attempting, soliciting, or conspiring to commit,
  396  any of the criminal offenses proscribed in the following
  397  statutes or similar offense in another jurisdiction: s. 787.01,
  398  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  399  the defendant is not the victim’s parent or guardian; s.
  400  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
  401  796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
  402  minor and the defendant is 18 years of age or older; s. 827.071;
  403  s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
  404  s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
  405  offense committed in this state which has been redesignated from
  406  a former statute number to one of those listed in this sub
  407  subparagraph; or
  408         d. On or after July 1, 2007, has been adjudicated
  409  delinquent for committing, or attempting, soliciting, or
  410  conspiring to commit, any of the criminal offenses proscribed in
  411  the following statutes in this state or similar offenses in
  412  another jurisdiction when the juvenile was 14 years of age or
  413  older at the time of the offense:
  414         (I) Section 794.011, excluding s. 794.011(10);
  415         (II) Section 800.04(4)(b) where the victim is under 12
  416  years of age or where the court finds sexual activity by the use
  417  of force or coercion;
  418         (III) Section 800.04(5)(c)1. where the court finds
  419  molestation involving unclothed genitals; or
  420         (IV) Section 800.04(5)(d) where the court finds the use of
  421  force or coercion and unclothed genitals.
  422         2. For all qualifying offenses listed in sub-subparagraph
  423  (1)(a)1.d., the court shall make a written finding of the age of
  424  the offender at the time of the offense.
  425  
  426  For each violation of a qualifying offense listed in this
  427  subsection, the court shall make a written finding of the age of
  428  the victim at the time of the offense. For a violation of s.
  429  800.04(4), the court shall additionally make a written finding
  430  indicating that the offense did or did not involve sexual
  431  activity and indicating that the offense did or did not involve
  432  force or coercion. For a violation of s. 800.04(5), the court
  433  shall additionally make a written finding that the offense did
  434  or did not involve unclothed genitals or genital area and that
  435  the offense did or did not involve the use of force or coercion.
  436         (g) “Internet identifier Instant message namehas the same
  437  meaning as provided in s. 775.21 means an identifier that allows
  438  a person to communicate in real time with another person using
  439  the Internet.
  440         (2) A sexual offender shall:
  441         (a) Report in person at the sheriff’s office:
  442         1. In the county in which the offender establishes or
  443  maintains a permanent, temporary, or transient residence within
  444  48 hours after:
  445         a. Establishing permanent, temporary, or transient
  446  residence in this state; or
  447         b. Being released from the custody, control, or supervision
  448  of the Department of Corrections or from the custody of a
  449  private correctional facility; or
  450         2. In the county where he or she was convicted within 48
  451  hours after being convicted for a qualifying offense for
  452  registration under this section if the offender is not in the
  453  custody or control of, or under the supervision of, the
  454  Department of Corrections, or is not in the custody of a private
  455  correctional facility.
  456  
  457  Any change in the information required to be provided pursuant
  458  to paragraph (b), including, but not limited to, any change in
  459  the sexual offender’s permanent, temporary, or transient
  460  residence, name, all any electronic mail addresses address and
  461  all Internet identifiers any instant message name required to be
  462  provided pursuant to paragraph (4)(d), after the sexual offender
  463  reports in person at the sheriff’s office, shall be accomplished
  464  in the manner provided in subsections (4), (7), and (8).
  465         (b) Provide his or her name; date of birth; social security
  466  number; race; sex; height; weight; hair and eye color; tattoos
  467  or other identifying marks; occupation and place of employment;
  468  address of permanent or legal residence or address of any
  469  current temporary residence, within the state or out of state,
  470  including a rural route address and a post office box; if no
  471  permanent or temporary address, any transient residence within
  472  the state, address, location or description, and dates of any
  473  current or known future temporary residence within the state or
  474  out of state; all home telephone numbers number and any cellular
  475  telephone numbers number; all any electronic mail addresses
  476  address and all Internet identifiers any instant message name
  477  required to be provided pursuant to paragraph (4)(d); date and
  478  place of each conviction; and a brief description of the crime
  479  or crimes committed by the offender. A post office box shall not
  480  be provided in lieu of a physical residential address. The
  481  sexual offender must also produce or provide information about
  482  his or her passport, if he or she has a passport, and, if he or
  483  she is an alien, must produce or provide information about
  484  documents establishing his or her immigration status.
  485         1. If the sexual offender’s place of residence is a motor
  486  vehicle, trailer, mobile home, or manufactured home, as defined
  487  in chapter 320, the sexual offender shall also provide to the
  488  department through the sheriff’s office written notice of the
  489  vehicle identification number; the license tag number; the
  490  registration number; and a description, including color scheme,
  491  of the motor vehicle, trailer, mobile home, or manufactured
  492  home. If the sexual offender’s place of residence is a vessel,
  493  live-aboard vessel, or houseboat, as defined in chapter 327, the
  494  sexual offender shall also provide to the department written
  495  notice of the hull identification number; the manufacturer’s
  496  serial number; the name of the vessel, live-aboard vessel, or
  497  houseboat; the registration number; and a description, including
  498  color scheme, of the vessel, live-aboard vessel, or houseboat.
  499         2. If the sexual offender is enrolled, employed, or
  500  carrying on a vocation at an institution of higher education in
  501  this state, the sexual offender shall also provide to the
  502  department through the sheriff’s office the name, address, and
  503  county of each institution, including each campus attended, and
  504  the sexual offender’s enrollment or employment status. Each
  505  change in enrollment or employment status shall be reported in
  506  person at the sheriff’s office, within 48 hours after any change
  507  in status. The sheriff shall promptly notify each institution of
  508  the sexual offender’s presence and any change in the sexual
  509  offender’s enrollment or employment status.
  510  
  511  When a sexual offender reports at the sheriff’s office, the
  512  sheriff shall take a photograph and a set of fingerprints of the
  513  offender and forward the photographs and fingerprints to the
  514  department, along with the information provided by the sexual
  515  offender. The sheriff shall promptly provide to the department
  516  the information received from the sexual offender.
  517         (4)(a) Each time a sexual offender’s driver’s license or
  518  identification card is subject to renewal, and, without regard
  519  to the status of the offender’s driver’s license or
  520  identification card, within 48 hours after any change in the
  521  offender’s permanent, temporary, or transient residence or
  522  change in the offender’s name by reason of marriage or other
  523  legal process, the offender shall report in person to a driver’s
  524  license office, and shall be subject to the requirements
  525  specified in subsection (3). The Department of Highway Safety
  526  and Motor Vehicles shall forward to the department all
  527  photographs and information provided by sexual offenders.
  528  Notwithstanding the restrictions set forth in s. 322.142, the
  529  Department of Highway Safety and Motor Vehicles is authorized to
  530  release a reproduction of a color-photograph or digital-image
  531  license to the Department of Law Enforcement for purposes of
  532  public notification of sexual offenders as provided in this
  533  section and ss. 943.043 and 944.606. A sexual offender who is
  534  unable to secure or update a driver’s license or identification
  535  card with the Department of Highway Safety and Motor Vehicles as
  536  provided in subsection (3) and this subsection must also report
  537  any change in the sexual offender’s permanent, temporary, or
  538  transient residence or change in the offender’s name by reason
  539  of marriage or other legal process within 48 hours after the
  540  change to the sheriff’s office in the county where the offender
  541  resides or is located and provide confirmation that he or she
  542  reported such information to Department of Highway Safety and
  543  Motor Vehicles.
  544         (d) A sexual offender must register all any electronic mail
  545  addresses and Internet identifiers address or instant message
  546  name with the department prior to using such electronic mail
  547  addresses and Internet identifiers address or instant message
  548  name on or after October 1, 2007. The department shall establish
  549  an online system through which sexual offenders may securely
  550  access and update all electronic mail address and Internet
  551  identifier instant message name information.
  552         (7) A sexual offender who intends to establish a permanent,
  553  temporary, or transient residence in another state or
  554  jurisdiction other than the State of Florida shall report in
  555  person to the sheriff of the county of current residence within
  556  48 hours before the date he or she intends to leave this state
  557  to establish residence in another state or jurisdiction or
  558  within 21 days before his or her planned departure date if the
  559  intended residence of 7 days or more is outside of the United
  560  States. The notification must include the address, municipality,
  561  county, and state, and country of intended residence. The
  562  sheriff shall promptly provide to the department the information
  563  received from the sexual offender. The department shall notify
  564  the statewide law enforcement agency, or a comparable agency, in
  565  the intended state, or jurisdiction, or country of residence of
  566  the sexual offender’s intended residence. The failure of a
  567  sexual offender to provide his or her intended place of
  568  residence is punishable as provided in subsection (9).
  569         (8) A sexual offender who indicates his or her intent to
  570  establish a permanent, temporary, or transient residence in
  571  another state, a or jurisdiction other than the State of
  572  Florida, or another country and later decides to remain in this
  573  state shall, within 48 hours after the date upon which the
  574  sexual offender indicated he or she would leave this state,
  575  report in person to the sheriff to which the sexual offender
  576  reported the intended change of permanent, temporary, or
  577  transient residence, and report his or her intent to remain in
  578  this state. The sheriff shall promptly report this information
  579  to the department. A sexual offender who reports his or her
  580  intent to establish a permanent, temporary, or transient
  581  residence in another state, a or jurisdiction other than the
  582  State of Florida, or another country but who remains in this
  583  state without reporting to the sheriff in the manner required by
  584  this subsection commits a felony of the second degree,
  585  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  586         (14)
  587         (c) The sheriff’s office may determine the appropriate
  588  times and days for reporting by the sexual offender, which shall
  589  be consistent with the reporting requirements of this
  590  subsection. Reregistration shall include any changes to the
  591  following information:
  592         1. Name; social security number; age; race; sex; date of
  593  birth; height; weight; hair and eye color; address of any
  594  permanent residence and address of any current temporary
  595  residence, within the state or out of state, including a rural
  596  route address and a post office box; if no permanent or
  597  temporary address, any transient residence within the state;
  598  address, location or description, and dates of any current or
  599  known future temporary residence within the state or out of
  600  state; all any electronic mail addresses address and all
  601  Internet identifiers any instant message name required to be
  602  provided pursuant to paragraph (4)(d); all home telephone
  603  numbers number and all any cellular telephone numbers number;
  604  date and place of any employment; vehicle make, model, color,
  605  and license tag number; fingerprints; and photograph. A post
  606  office box shall not be provided in lieu of a physical
  607  residential address. The sexual offender must also produce or
  608  provide information about his or her passport, if he or she has
  609  a passport, and, if he or she is an alien, must produce or
  610  provide information about documents establishing his or her
  611  immigration status.
  612         2. If the sexual offender is enrolled, employed, or
  613  carrying on a vocation at an institution of higher education in
  614  this state, the sexual offender shall also provide to the
  615  department the name, address, and county of each institution,
  616  including each campus attended, and the sexual offender’s
  617  enrollment or employment status.
  618         3. If the sexual offender’s place of residence is a motor
  619  vehicle, trailer, mobile home, or manufactured home, as defined
  620  in chapter 320, the sexual offender shall also provide the
  621  vehicle identification number; the license tag number; the
  622  registration number; and a description, including color scheme,
  623  of the motor vehicle, trailer, mobile home, or manufactured
  624  home. If the sexual offender’s place of residence is a vessel,
  625  live-aboard vessel, or houseboat, as defined in chapter 327, the
  626  sexual offender shall also provide the hull identification
  627  number; the manufacturer’s serial number; the name of the
  628  vessel, live-aboard vessel, or houseboat; the registration
  629  number; and a description, including color scheme, of the
  630  vessel, live-aboard vessel or houseboat.
  631         4. Any sexual offender who fails to report in person as
  632  required at the sheriff’s office, or who fails to respond to any
  633  address verification correspondence from the department within 3
  634  weeks of the date of the correspondence or who fails to report
  635  all electronic mail addresses and all Internet identifiers or
  636  instant message names, commits a felony of the third degree,
  637  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  638         Section 4. Section 943.04351, Florida Statutes, is amended
  639  to read:
  640         943.04351 Search of registration information regarding
  641  sexual predators and sexual offenders required prior to
  642  appointment or employment.—A state agency or governmental
  643  subdivision, prior to making any decision to appoint or employ a
  644  person to work, whether for compensation or as a volunteer, at
  645  any park, playground, day care center, or other place where
  646  children regularly congregate, must conduct a search of that
  647  person’s name or other identifying information against the
  648  registration information regarding sexual predators and sexual
  649  offenders maintained by the Department of Law Enforcement under
  650  s. 943.043. The agency or governmental subdivision may conduct
  651  the search using the Internet site maintained by the Department
  652  of Law Enforcement. Also, a national search must be conducted
  653  through the Dru Sjodin National Sex Offender Public Website
  654  maintained by the United States Department of Justice. This
  655  section does not apply to those positions or appointments within
  656  a state agency or governmental subdivision for which a state and
  657  national criminal history background check is conducted.
  658         Section 5. Section 943.04354, Florida Statutes, is amended
  659  to read:
  660         943.04354 Removal of the requirement to register as a
  661  sexual offender or sexual predator in special circumstances.—
  662         (1) For purposes of this section, a person shall be
  663  considered for removal of the requirement to register as a
  664  sexual offender or sexual predator only if the person:
  665         (a) Was or will be convicted or adjudicated delinquent of a
  666  violation of s. 794.011, s. 800.04, s. 827.071, or s.
  667  847.0135(5) or the person committed a violation of s. 794.011,
  668  s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
  669  of guilt was or will be withheld, and the person does not have
  670  any other conviction, adjudication of delinquency, or withhold
  671  of adjudication of guilt for a violation of s. 794.011, s.
  672  800.04, s. 827.071, or s. 847.0135(5);
  673         (b) Is required to register as a sexual offender or sexual
  674  predator solely on the basis of this violation; and
  675         (c) Is not more than 4 years older than the victim of this
  676  violation who was 13 14 years of age or older but not more than
  677  18 17 years of age at the time the person committed this
  678  violation.
  679         (2) If a person meets the criteria in subsection (1) and
  680  the violation of s. 794.011, s. 800.04, s. 827.071, or s.
  681  847.0135(5) was committed on or after July 1, 2007, the person
  682  may move the court that will sentence or dispose of this
  683  violation to remove the requirement that the person register as
  684  a sexual offender or sexual predator. The person must allege in
  685  the motion that he or she meets the criteria in subsection (1)
  686  and that removal of the registration requirement will not
  687  conflict with federal law. The state attorney must be given
  688  notice of the motion at least 21 days before the date of
  689  sentencing or disposition of this violation and may present
  690  evidence in opposition to the requested relief or may otherwise
  691  demonstrate why the motion should be denied. At sentencing or
  692  disposition of this violation, the court shall rule on this
  693  motion and, if the court determines the person meets the
  694  criteria in subsection (1) and the removal of the registration
  695  requirement will not conflict with federal law, it may grant the
  696  motion and order the removal of the registration requirement. If
  697  the court denies the motion, the person is not authorized under
  698  this section to petition for removal of the registration
  699  requirement.
  700         (3)(a) This subsection applies to a person who:
  701         1. Is not a person described in subsection (2) because the
  702  violation of s. 794.011, s. 800.04, or s. 827.071 was not
  703  committed on or after July 1, 2007;
  704         1.2. Is subject to registration as a sexual offender or
  705  sexual predator for a violation of s. 794.011, s. 800.04, or s.
  706  827.071; and
  707         2.3. Meets the criteria in subsection (1).
  708         (b) A person may petition the court in which the sentence
  709  or disposition for the violation of s. 794.011, s. 800.04, or s.
  710  827.071 occurred for removal of the requirement to register as a
  711  sexual offender or sexual predator. The person must allege in
  712  the petition that he or she meets the criteria in subsection (1)
  713  and removal of the registration requirement will not conflict
  714  with federal law. The state attorney must be given notice of the
  715  petition at least 21 days before the hearing on the petition and
  716  may present evidence in opposition to the requested relief or
  717  may otherwise demonstrate why the petition should be denied. The
  718  court shall rule on the petition and, if the court determines
  719  the person meets the criteria in subsection (1) and removal of
  720  the registration requirement will not conflict with federal law,
  721  it may grant the petition and order the removal of the
  722  registration requirement. If the court denies the petition, the
  723  person is not authorized under this section to file any further
  724  petition for removal of the registration requirement.
  725         (4) If a person provides to the Department of Law
  726  Enforcement a certified copy of the court’s order removing the
  727  requirement that the person register as a sexual offender or
  728  sexual predator for the violation of s. 794.011, s. 800.04, s.
  729  827.071, or s. 847.0135(5), the registration requirement will
  730  not apply to the person and the department shall remove all
  731  information about the person from the public registry of sexual
  732  offenders and sexual predators maintained by the department.
  733  However, the removal of this information from the public
  734  registry does not mean that the public is denied access to
  735  information about the person’s criminal history or record that
  736  is otherwise available as a public record.
  737         Section 6. Subsection (2) and paragraph (a) of subsection
  738  (3) of section 943.0437, Florida Statutes, are amended to read:
  739         943.0437 Commercial social networking websites.—
  740         (2) The department may provide information relating to
  741  electronic mail addresses and Internet identifiers instant
  742  message names maintained as part of the sexual offender registry
  743  to commercial social networking websites or third parties
  744  designated by commercial social networking websites. The
  745  commercial social networking website may use this information
  746  for the purpose of comparing registered users and screening
  747  potential users of the commercial social networking website
  748  against the list of electronic mail addresses and Internet
  749  identifiers instant message names provided by the department.
  750         (3) This section shall not be construed to impose any civil
  751  liability on a commercial social networking website for:
  752         (a) Any action voluntarily taken in good faith to remove or
  753  disable any profile of a registered user associated with an
  754  electronic mail address or Internet identifier instant message
  755  name contained in the sexual offender registry.
  756         Section 7. Paragraphs (b) and (d) of subsection (1) and
  757  paragraph (a) of subsection (3) of section 944.606, Florida
  758  Statutes, are amended to read:
  759         944.606 Sexual offenders; notification upon release.—
  760         (1) As used in this section:
  761         (b) “Sexual offender” means a person who has been convicted
  762  of committing, or attempting, soliciting, or conspiring to
  763  commit, any of the criminal offenses proscribed in the following
  764  statutes in this state or similar offenses in another
  765  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  766  the victim is a minor and the defendant is not the victim’s
  767  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  768  794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 826.04
  769  where the victim is a minor and the defendant is 18 years of age
  770  or older; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  771  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
  772  985.701(1); or any similar offense committed in this state which
  773  has been redesignated from a former statute number to one of
  774  those listed in this subsection, when the department has
  775  received verified information regarding such conviction; an
  776  offender’s computerized criminal history record is not, in and
  777  of itself, verified information.
  778         (d) “Internet identifier Instant message namehas the same
  779  meaning as provided in s. 775.21 means an identifier that allows
  780  a person to communicate in real time with another person using
  781  the Internet.
  782         (3)(a) The department must provide information regarding
  783  any sexual offender who is being released after serving a period
  784  of incarceration for any offense, as follows:
  785         1. The department must provide: the sexual offender’s name,
  786  any change in the offender’s name by reason of marriage or other
  787  legal process, and any alias, if known; the correctional
  788  facility from which the sexual offender is released; the sexual
  789  offender’s social security number, race, sex, date of birth,
  790  height, weight, and hair and eye color; address of any planned
  791  permanent residence or temporary residence, within the state or
  792  out of state, including a rural route address and a post office
  793  box; if no permanent or temporary address, any transient
  794  residence within the state; address, location or description,
  795  and dates of any known future temporary residence within the
  796  state or out of state; date and county of sentence and each
  797  crime for which the offender was sentenced; a copy of the
  798  offender’s fingerprints and a digitized photograph taken within
  799  60 days before release; the date of release of the sexual
  800  offender; all any electronic mail addresses address and all
  801  Internet identifiers any instant message name required to be
  802  provided pursuant to s. 943.0435(4)(d); all and home telephone
  803  numbers number and any cellular telephone numbers; and passport
  804  information, if he or she has a passport, and, if he or she is
  805  an alien, information about documents establishing his or her
  806  immigration status number. The department shall notify the
  807  Department of Law Enforcement if the sexual offender escapes,
  808  absconds, or dies. If the sexual offender is in the custody of a
  809  private correctional facility, the facility shall take the
  810  digitized photograph of the sexual offender within 60 days
  811  before the sexual offender’s release and provide this photograph
  812  to the Department of Corrections and also place it in the sexual
  813  offender’s file. If the sexual offender is in the custody of a
  814  local jail, the custodian of the local jail shall register the
  815  offender within 3 business days after intake of the offender for
  816  any reason and upon release, and shall notify the Department of
  817  Law Enforcement of the sexual offender’s release and provide to
  818  the Department of Law Enforcement the information specified in
  819  this paragraph and any information specified in subparagraph 2.
  820  that the Department of Law Enforcement requests.
  821         2. The department may provide any other information deemed
  822  necessary, including criminal and corrections records,
  823  nonprivileged personnel and treatment records, when available.
  824         Section 8. Paragraphs (a) and (f) of subsection (1),
  825  paragraph (a) of subsection (4), paragraph (b) of subsection
  826  (6), and paragraph (c) of subsection (13) of section 944.607,
  827  Florida Statutes, are amended to read:
  828         944.607 Notification to Department of Law Enforcement of
  829  information on sexual offenders.—
  830         (1) As used in this section, the term:
  831         (a) “Sexual offender” means a person who is in the custody
  832  or control of, or under the supervision of, the department or is
  833  in the custody of a private correctional facility:
  834         1. On or after October 1, 1997, as a result of a conviction
  835  for committing, or attempting, soliciting, or conspiring to
  836  commit, any of the criminal offenses proscribed in the following
  837  statutes in this state or similar offenses in another
  838  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  839  the victim is a minor and the defendant is not the victim’s
  840  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  841  794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 826.04
  842  where the victim is a minor and the defendant is 18 years of age
  843  or older; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  844  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
  845  985.701(1); or any similar offense committed in this state which
  846  has been redesignated from a former statute number to one of
  847  those listed in this paragraph; or
  848         2. Who establishes or maintains a residence in this state
  849  and who has not been designated as a sexual predator by a court
  850  of this state but who has been designated as a sexual predator,
  851  as a sexually violent predator, or by another sexual offender
  852  designation in another state or jurisdiction and was, as a
  853  result of such designation, subjected to registration or
  854  community or public notification, or both, or would be if the
  855  person were a resident of that state or jurisdiction, without
  856  regard as to whether the person otherwise meets the criteria for
  857  registration as a sexual offender.
  858         (f) “Internet identifier Instant message namehas the same
  859  meaning as provided in s. 775.21 means an identifier that allows
  860  a person to communicate in real time with another person using
  861  the Internet.
  862         (4) A sexual offender, as described in this section, who is
  863  under the supervision of the Department of Corrections but is
  864  not incarcerated must register with the Department of
  865  Corrections within 3 business days after sentencing for a
  866  registrable offense and otherwise provide information as
  867  required by this subsection.
  868         (a) The sexual offender shall provide his or her name; date
  869  of birth; social security number; race; sex; height; weight;
  870  hair and eye color; tattoos or other identifying marks; all any
  871  electronic mail addresses address and all Internet identifiers
  872  any instant message name required to be provided pursuant to s.
  873  943.0435(4)(d); permanent or legal residence and address of
  874  temporary residence within the state or out of state while the
  875  sexual offender is under supervision in this state, including
  876  any rural route address or post office box; if no permanent or
  877  temporary address, any transient residence within the state; and
  878  address, location or description, and dates of any current or
  879  known future temporary residence within the state or out of
  880  state. The sexual offender must also produce or provide
  881  information about his or her passport, if he or she has a
  882  passport, and, if he or she is an alien, must produce or provide
  883  information about documents establishing his or her immigration
  884  status. The Department of Corrections shall verify the address
  885  of each sexual offender in the manner described in ss. 775.21
  886  and 943.0435. The department shall report to the Department of
  887  Law Enforcement any failure by a sexual predator or sexual
  888  offender to comply with registration requirements.
  889         (6) The information provided to the Department of Law
  890  Enforcement must include:
  891         (b) The sexual offender’s most current address, place of
  892  permanent, temporary, or transient residence within the state or
  893  out of state, and address, location or description, and dates of
  894  any current or known future temporary residence within the state
  895  or out of state, while the sexual offender is under supervision
  896  in this state, including the name of the county or municipality
  897  in which the offender permanently or temporarily resides, or has
  898  a transient residence, and address, location or description, and
  899  dates of any current or known future temporary residence within
  900  the state or out of state, and, if known, the intended place of
  901  permanent, temporary, or transient residence, and address,
  902  location or description, and dates of any current or known
  903  future temporary residence within the state or out of state upon
  904  satisfaction of all sanctions. The sexual offender must also
  905  produce or provide information about his or her passport, if he
  906  or she has a passport, and, if he or she is an alien, must
  907  produce or provide information about documents establishing his
  908  or her immigration status;
  909  
  910  If any information provided by the department changes during the
  911  time the sexual offender is under the department’s control,
  912  custody, or supervision, including any change in the offender’s
  913  name by reason of marriage or other legal process, the
  914  department shall, in a timely manner, update the information and
  915  provide it to the Department of Law Enforcement in the manner
  916  prescribed in subsection (2).
  917         (13)
  918         (c) The sheriff’s office may determine the appropriate
  919  times and days for reporting by the sexual offender, which shall
  920  be consistent with the reporting requirements of this
  921  subsection. Reregistration shall include any changes to the
  922  following information:
  923         1. Name; social security number; age; race; sex; date of
  924  birth; height; weight; hair and eye color; address of any
  925  permanent residence and address of any current temporary
  926  residence, within the state or out of state, including a rural
  927  route address and a post office box; if no permanent or
  928  temporary address, any transient residence; address, location or
  929  description, and dates of any current or known future temporary
  930  residence within the state or out of state; all any electronic
  931  mail addresses address and all Internet identifiers any instant
  932  message name required to be provided pursuant to s.
  933  943.0435(4)(d); date and place of any employment; vehicle make,
  934  model, color, and license tag number; fingerprints; and
  935  photograph. A post office box shall not be provided in lieu of a
  936  physical residential address. The sexual offender must also
  937  produce or provide information about his or her passport, if he
  938  or she has a passport, and, if he or she is an alien, must
  939  produce or provide information about documents establishing his
  940  or her immigration status.
  941         2. If the sexual offender is enrolled, employed, or
  942  carrying on a vocation at an institution of higher education in
  943  this state, the sexual offender shall also provide to the
  944  department the name, address, and county of each institution,
  945  including each campus attended, and the sexual offender’s
  946  enrollment or employment status.
  947         3. If the sexual offender’s place of residence is a motor
  948  vehicle, trailer, mobile home, or manufactured home, as defined
  949  in chapter 320, the sexual offender shall also provide the
  950  vehicle identification number; the license tag number; the
  951  registration number; and a description, including color scheme,
  952  of the motor vehicle, trailer, mobile home, or manufactured
  953  home. If the sexual offender’s place of residence is a vessel,
  954  live-aboard vessel, or houseboat, as defined in chapter 327, the
  955  sexual offender shall also provide the hull identification
  956  number; the manufacturer’s serial number; the name of the
  957  vessel, live-aboard vessel, or houseboat; the registration
  958  number; and a description, including color scheme, of the
  959  vessel, live-aboard vessel or houseboat.
  960         4. Any sexual offender who fails to report in person as
  961  required at the sheriff’s office, or who fails to respond to any
  962  address verification correspondence from the department within 3
  963  weeks of the date of the correspondence, or who fails to report
  964  all electronic mail addresses and all Internet identifiers or
  965  instant message names, commits a felony of the third degree,
  966  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  967         Section 9. Subsection (11) of section 947.005, Florida
  968  Statutes, is amended to read:
  969         947.005 Definitions.—As used in this chapter, unless the
  970  context clearly indicates otherwise:
  971         (11) “Risk assessment” means an assessment completed by a
  972  an independent qualified practitioner to evaluate the level of
  973  risk associated when a sex offender has contact with a child.
  974         Section 10. Section 948.31, Florida Statutes, is amended to
  975  read:
  976         948.31 Evaluation and treatment of sexual predators and
  977  offenders on probation or community control.—Conditions imposed
  978  pursuant to this section do not require oral pronouncement at
  979  the time of sentencing and shall be considered standard
  980  conditions of probation or community control for offenders
  981  specified in this section. The court shall require an evaluation
  982  by a qualified practitioner to determine the need of a
  983  probationer or community controllee for treatment. If the court
  984  determines that a need therefor is established by the evaluation
  985  process, the court shall require sexual offender treatment as a
  986  term or condition of probation or community control for any
  987  person who is required to register as a sexual predator under s.
  988  775.21 or sexual offender under s. 943.0435, s. 944.606, or s.
  989  944.607. Such treatment shall be required to be obtained from a
  990  qualified practitioner as defined in s. 948.001. Treatment may
  991  not be administered by a qualified practitioner who has been
  992  convicted or adjudicated delinquent of committing, or
  993  attempting, soliciting, or conspiring to commit, any offense
  994  that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
  995  impose a restriction against contact with minors if sexual
  996  offender treatment is recommended. The evaluation and
  997  recommendations for treatment of the probationer or community
  998  controllee shall be provided to the court for review.
  999         Section 11. Paragraph (a) of subsection (3) of section
 1000  985.481, Florida Statutes, is amended to read:
 1001         985.481 Sexual offenders adjudicated delinquent;
 1002  notification upon release.—
 1003         (3)(a) The department must provide information regarding
 1004  any sexual offender who is being released after serving a period
 1005  of residential commitment under the department for any offense,
 1006  as follows:
 1007         1. The department must provide the sexual offender’s name,
 1008  any change in the offender’s name by reason of marriage or other
 1009  legal process, and any alias, if known; the correctional
 1010  facility from which the sexual offender is released; the sexual
 1011  offender’s social security number, race, sex, date of birth,
 1012  height, weight, and hair and eye color; address of any planned
 1013  permanent residence or temporary residence, within the state or
 1014  out of state, including a rural route address and a post office
 1015  box; if no permanent or temporary address, any transient
 1016  residence within the state; address, location or description,
 1017  and dates of any known future temporary residence within the
 1018  state or out of state; date and county of disposition and each
 1019  crime for which there was a disposition; a copy of the
 1020  offender’s fingerprints and a digitized photograph taken within
 1021  60 days before release; the date of release of the sexual
 1022  offender; all and home telephone numbers number and any cellular
 1023  telephone numbers; and passport information, if he or she has a
 1024  passport, and, if he or she is an alien, information about
 1025  documents establishing his or her immigration status number. The
 1026  department shall notify the Department of Law Enforcement if the
 1027  sexual offender escapes, absconds, or dies. If the sexual
 1028  offender is in the custody of a private correctional facility,
 1029  the facility shall take the digitized photograph of the sexual
 1030  offender within 60 days before the sexual offender’s release and
 1031  also place it in the sexual offender’s file. If the sexual
 1032  offender is in the custody of a local jail, the custodian of the
 1033  local jail shall register the offender within 3 business days
 1034  after intake of the offender for any reason and upon release,
 1035  and shall notify the Department of Law Enforcement of the sexual
 1036  offender’s release and provide to the Department of Law
 1037  Enforcement the information specified in this subparagraph and
 1038  any information specified in subparagraph 2. which the
 1039  Department of Law Enforcement requests.
 1040         2. The department may provide any other information
 1041  considered necessary, including criminal and delinquency
 1042  records, when available.
 1043         Section 12. Paragraph (a) of subsection (4), paragraph (a)
 1044  of subsection (6), and paragraph (b) of subsection (13) of
 1045  section 985.4815, Florida Statutes, are amended to read:
 1046         985.4815 Notification to Department of Law Enforcement of
 1047  information on juvenile sexual offenders.—
 1048         (4) A sexual offender, as described in this section, who is
 1049  under the supervision of the department but who is not committed
 1050  must register with the department within 3 business days after
 1051  adjudication and disposition for a registrable offense and
 1052  otherwise provide information as required by this subsection.
 1053         (a) The sexual offender shall provide his or her name; date
 1054  of birth; social security number; race; sex; height; weight;
 1055  hair and eye color; tattoos or other identifying marks;
 1056  permanent or legal residence and address of temporary residence
 1057  within the state or out of state while the sexual offender is in
 1058  the care or custody or under the jurisdiction or supervision of
 1059  the department in this state, including any rural route address
 1060  or post office box; if no permanent or temporary address, any
 1061  transient residence; address, location or description, and dates
 1062  of any current or known future temporary residence within the
 1063  state or out of state; passport information, if he or she has a
 1064  passport, and, if he or she is an alien, information about
 1065  documents establishing his or her immigration status; and the
 1066  name and address of each school attended. The department shall
 1067  verify the address of each sexual offender and shall report to
 1068  the Department of Law Enforcement any failure by a sexual
 1069  offender to comply with registration requirements.
 1070         (6)(a) The information provided to the Department of Law
 1071  Enforcement must include the following:
 1072         1. The information obtained from the sexual offender under
 1073  subsection (4).
 1074         2. The sexual offender’s most current address and place of
 1075  permanent, temporary, or transient residence within the state or
 1076  out of state, and address, location or description, and dates of
 1077  any current or known future temporary residence within the state
 1078  or out of state, while the sexual offender is in the care or
 1079  custody or under the jurisdiction or supervision of the
 1080  department in this state, including the name of the county or
 1081  municipality in which the offender permanently or temporarily
 1082  resides, or has a transient residence, and address, location or
 1083  description, and dates of any current or known future temporary
 1084  residence within the state or out of state; and, if known, the
 1085  intended place of permanent, temporary, or transient residence,
 1086  and address, location or description, and dates of any current
 1087  or known future temporary residence within the state or out of
 1088  state upon satisfaction of all sanctions. The sexual offender
 1089  must also produce or provide information about his or her
 1090  passport, if he or she has a passport, and, if he or she is an
 1091  alien, must produce or provide information about documents
 1092  establishing his or her immigration status.
 1093         3. The legal status of the sexual offender and the
 1094  scheduled termination date of that legal status.
 1095         4. The location of, and local telephone number for, any
 1096  department office that is responsible for supervising the sexual
 1097  offender.
 1098         5. An indication of whether the victim of the offense that
 1099  resulted in the offender’s status as a sexual offender was a
 1100  minor.
 1101         6. The offense or offenses at adjudication and disposition
 1102  that resulted in the determination of the offender’s status as a
 1103  sex offender.
 1104         7. A digitized photograph of the sexual offender, which
 1105  must have been taken within 60 days before the offender was
 1106  released from the custody of the department or a private
 1107  correctional facility by expiration of sentence under s.
 1108  944.275, or within 60 days after the onset of the department’s
 1109  supervision of any sexual offender who is on probation,
 1110  postcommitment probation, residential commitment, nonresidential
 1111  commitment, licensed child-caring commitment, community control,
 1112  conditional release, parole, provisional release, or control
 1113  release or who is supervised by the department under the
 1114  Interstate Compact Agreement for Probationers and Parolees. If
 1115  the sexual offender is in the custody of a private correctional
 1116  facility, the facility shall take a digitized photograph of the
 1117  sexual offender within the time period provided in this
 1118  subparagraph and shall provide the photograph to the department.
 1119         (13)
 1120         (b) The sheriff’s office may determine the appropriate
 1121  times and days for reporting by the sexual offender, which shall
 1122  be consistent with the reporting requirements of this
 1123  subsection. Reregistration shall include any changes to the
 1124  following information:
 1125         1. Name; social security number; age; race; sex; date of
 1126  birth; height; weight; hair and eye color; address of any
 1127  permanent residence and address of any current temporary
 1128  residence, within the state or out of state, including a rural
 1129  route address and a post office box; if no permanent or
 1130  temporary address, any transient residence; address, location or
 1131  description, and dates of any current or known future temporary
 1132  residence within the state or out of state; passport
 1133  information, if he or she has a passport, and, if he or she is
 1134  an alien, information about documents establishing his or her
 1135  immigration status; name and address of each school attended;
 1136  date and place of any employment; vehicle make, model, color,
 1137  and license tag number; fingerprints; and photograph. A post
 1138  office box shall not be provided in lieu of a physical
 1139  residential address.
 1140         2. If the sexual offender is enrolled, employed, or
 1141  carrying on a vocation at an institution of higher education in
 1142  this state, the sexual offender shall also provide to the
 1143  department the name, address, and county of each institution,
 1144  including each campus attended, and the sexual offender’s
 1145  enrollment or employment status.
 1146         3. If the sexual offender’s place of residence is a motor
 1147  vehicle, trailer, mobile home, or manufactured home, as defined
 1148  in chapter 320, the sexual offender shall also provide the
 1149  vehicle identification number; the license tag number; the
 1150  registration number; and a description, including color scheme,
 1151  of the motor vehicle, trailer, mobile home, or manufactured
 1152  home. If the sexual offender’s place of residence is a vessel,
 1153  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1154  sexual offender shall also provide the hull identification
 1155  number; the manufacturer’s serial number; the name of the
 1156  vessel, live-aboard vessel, or houseboat; the registration
 1157  number; and a description, including color scheme, of the
 1158  vessel, live-aboard vessel, or houseboat.
 1159         4. Any sexual offender who fails to report in person as
 1160  required at the sheriff’s office, or who fails to respond to any
 1161  address verification correspondence from the department within 3
 1162  weeks after the date of the correspondence, commits a felony of
 1163  the third degree, punishable as provided in ss. 775.082,
 1164  775.083, and 775.084.
 1165         Section 13. If any provision of this act or its application
 1166  to any person or circumstance is held invalid, the invalidity
 1167  does not affect other provisions or applications of this act
 1168  which can be given effect without the invalid provision or
 1169  application, and to this end the provisions of this act are
 1170  severable.
 1171         Section 14. This act shall take effect April 20, 2012.
 1172  
 1173  ================= T I T L E  A M E N D M E N T ================
 1174         And the title is amended as follows:
 1175         Delete everything before the enacting clause
 1176  and insert:
 1177                        A bill to be entitled                      
 1178         An act relating to sexual offenders and predators;
 1179         amending s. 775.21, F.S.; replacing the definition of
 1180         the term “instant message name” with the definition of
 1181         the term “Internet identifier”; providing that
 1182         voluntary disclosure of specified information waives a
 1183         disclosure exemption for such information; conforming
 1184         provisions; requiring disclosure of passport and
 1185         immigration status information; requiring that a
 1186         sexual predator who is unable to secure or update a
 1187         driver’s license or identification card within a
 1188         specified period must report specified information to
 1189         the local sheriff’s office within a specified period
 1190         after such change with confirmation that he or she
 1191         also reported such information to the Department of
 1192         Highway Safety and Motor Vehicles; revising reporting
 1193         requirements if a sexual predator plans to leave the
 1194         United States for more than a specified period;
 1195         creating s. 847.0141, F.S.; prohibiting a minor’s
 1196         intentional or knowing use of an electronic
 1197         communication device to transmit, distribute, or
 1198         display a visual depiction of himself or herself that
 1199         depicts nudity and is harmful to minors; providing
 1200         penalties; prohibiting a minor’s intentional or
 1201         knowing possession of a visual depiction of another
 1202         minor that depicts nudity and is harmful to minors;
 1203         providing an exception; providing penalties; providing
 1204         duties for law enforcement officers; providing for
 1205         prosecution of a minor under other provisions;
 1206         amending s. 943.0435, F.S.; replacing the definition
 1207         of the term “instant message name” with the definition
 1208         of the term “Internet identifier”; conforming
 1209         provisions; requiring disclosure of passport and
 1210         immigration status information; requiring that a
 1211         sexual predator who is unable to secure or update a
 1212         driver’s license or identification card within a
 1213         specified period must report specified information to
 1214         the local sheriff’s office within a specified period
 1215         of such change with confirmation that he or she also
 1216         reported such information to the Department of Highway
 1217         Safety and Motor Vehicles; providing additional
 1218         requirements for sexual offenders intending to reside
 1219         outside of the United States; amending s. 943.04351,
 1220         F.S.; requiring a specified national search of
 1221         registration information regarding sexual predators
 1222         and sexual offenders prior to appointment or
 1223         employment of persons by state agencies and
 1224         governmental subdivisions; amending s. 943.04354,
 1225         F.S.; revising the age range applicable to provisions
 1226         allowing removal of the requirement to register as a
 1227         sexual offender or sexual predator in certain
 1228         circumstances; revising eligibility requirements for
 1229         removal of the requirement to register as a sexual
 1230         offender or sexual predator; amending s. 943.0437,
 1231         F.S.; replacing the definition of the term “instant
 1232         message name” with the definition of the term
 1233         “Internet identifier”; conforming provisions; amending
 1234         ss. 944.606 and 944.607, F.S.; replacing the
 1235         definition of the term “instant message name” with the
 1236         definition of the term “Internet identifier”;
 1237         conforming provisions; requiring disclosure of
 1238         passport and immigration status information; amending
 1239         s. 947.005, F.S.; revising the definition of the term
 1240         “risk assessment”; amending s. 948.31, F.S.; providing
 1241         that conditions imposed under that section do not
 1242         require oral pronouncement at the time of sentencing
 1243         and shall be considered standard conditions of
 1244         probation or community control for certain offenders;
 1245         removing a provision prohibiting contact with minors
 1246         if sexual offender treatment is recommended; amending
 1247         ss. 985.481 and 985.4815, F.S.; requiring disclosure
 1248         of passport and immigration status information by
 1249         certain sexual offenders adjudicated delinquent and
 1250         certain juvenile sexual offenders; providing
 1251         severability; providing an effective date.