Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1800
       
       
       
       
       
       
                                Barcode 247798                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2012           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Criminal Justice (Dean) 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), paragraph (a)
    6  of subsection (4), subsections (6) and (8), and paragraph (a) of
    7  subsection (10) of section 775.21, Florida Statutes, are amended
    8  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). Voluntary disclosure by the sexual
   16  predator of his or her date of birth, social security number, or
   17  personal identification number (PIN) as an Internet identifier
   18  waives the disclosure exemption in this paragraph for such
   19  personal information an identifier that allows a person to
   20  communicate in real time with another person using the Internet.
   21         (4) SEXUAL PREDATOR CRITERIA.—
   22         (a) For a current offense committed on or after October 1,
   23  1993, upon conviction, an offender shall be designated as a
   24  “sexual predator” under subsection (5), and subject to
   25  registration under subsection (6) and community and public
   26  notification under subsection (7) if:
   27         1. The felony is:
   28         a. A capital, life, or first-degree felony violation, or
   29  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
   30  is a minor and the defendant is not the victim’s parent or
   31  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
   32  violation of a similar law of another jurisdiction; or
   33         b. Any felony violation, or any attempt thereof, of s.
   34  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
   35  787.025(2)(c), where the victim is a minor and the defendant is
   36  not the victim’s parent or guardian; s. 794.011, excluding s.
   37  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 796.045; s.
   38  800.04; s. 825.1025 825.1025(2)(b); s. 827.071; s. 847.0135(5);
   39  s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of
   40  a similar law of another jurisdiction, and the offender has
   41  previously been convicted of or found to have committed, or has
   42  pled nolo contendere or guilty to, regardless of adjudication,
   43  any violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
   44  787.02, or s. 787.025(2)(c), where the victim is a minor and the
   45  defendant is not the victim’s parent or guardian; s. 794.011,
   46  excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
   47  796.045; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
   48  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2);
   49  or s. 985.701(1); or a violation of a similar law of another
   50  jurisdiction;
   51         2. The offender has not received a pardon for any felony or
   52  similar law of another jurisdiction that is necessary for the
   53  operation of this paragraph; and
   54         3. A conviction of a felony or similar law of another
   55  jurisdiction necessary to the operation of this paragraph has
   56  not been set aside in any postconviction proceeding.
   57         (6) REGISTRATION.—
   58         (a) A sexual predator must register with the department
   59  through the sheriff’s office by providing the following
   60  information to the department:
   61         1. Name; social security number; age; race; sex; date of
   62  birth; height; weight; tattoos or other identifying marks; hair
   63  and eye color; photograph; address of legal residence and
   64  address of any current temporary residence, within the state or
   65  out of state, including a rural route address and a post office
   66  box; if no permanent or temporary address, any transient
   67  residence within the state; address, location or description,
   68  and dates of any current or known future temporary residence
   69  within the state or out of state; all any electronic mail
   70  addresses address and all Internet identifiers any instant
   71  message name required to be provided pursuant to subparagraph
   72  (g)4.; all home telephone numbers number and any cellular
   73  telephone numbers number; date and place of any employment; the
   74  make, model, color, registration number, and license tag number
   75  of all vehicles owned; date and place of each conviction;
   76  fingerprints; palm prints; and a brief description of the crime
   77  or crimes committed by the offender. A post office box shall not
   78  be provided in lieu of a physical residential address. The
   79  sexual predator must also produce his or her passport, if he or
   80  she has a passport, and, if he or she is an alien, must produce
   81  or provide information about documents establishing his or her
   82  immigration status. The sexual predator must also provide
   83  information about any professional licenses he or she may have.
   84         a. If the sexual predator’s place of residence is a motor
   85  vehicle, trailer, mobile home, or manufactured home, as defined
   86  in chapter 320, the sexual predator shall also provide to the
   87  department written notice of the vehicle identification number;
   88  the license tag number; the registration number; and a
   89  description, including color scheme, of the motor vehicle,
   90  trailer, mobile home, or manufactured home. If a sexual
   91  predator’s place of residence is a vessel, live-aboard vessel,
   92  or houseboat, as defined in chapter 327, the sexual predator
   93  shall also provide to the department written notice of the hull
   94  identification number; the manufacturer’s serial number; the
   95  name of the vessel, live-aboard vessel, or houseboat; the
   96  registration number; and a description, including color scheme,
   97  of the vessel, live-aboard vessel, or houseboat.
   98         b. If the sexual predator is enrolled, employed,
   99  volunteering, or carrying on a vocation at an institution of
  100  higher education in this state, the sexual predator shall also
  101  provide to the department the name, address, and county of each
  102  institution, including each campus attended, and the sexual
  103  predator’s enrollment, volunteer, or employment status. Each
  104  change in enrollment or employment status shall be reported in
  105  person at the sheriff’s office, or the Department of Corrections
  106  if the sexual predator is in the custody or control of or under
  107  the supervision of the Department of Corrections, within 48
  108  hours after any change in status. The sheriff or the Department
  109  of Corrections shall promptly notify each institution of the
  110  sexual predator’s presence and any change in the sexual
  111  predator’s enrollment, volunteer, or employment status.
  112         2. Any other information determined necessary by the
  113  department, including criminal and corrections records;
  114  nonprivileged personnel and treatment records; and evidentiary
  115  genetic markers when available.
  116         (b) If the sexual predator is in the custody or control of,
  117  or under the supervision of, the Department of Corrections, or
  118  is in the custody of a private correctional facility, the sexual
  119  predator must register with the Department of Corrections. A
  120  sexual predator who is under the supervision of the Department
  121  of Corrections but who is not incarcerated must register with
  122  the Department of Corrections within 3 business days after the
  123  court finds the offender to be a sexual predator. The Department
  124  of Corrections shall provide to the department registration
  125  information and the location of, and local telephone number for,
  126  any Department of Corrections office that is responsible for
  127  supervising the sexual predator. In addition, the Department of
  128  Corrections shall notify the department if the sexual predator
  129  escapes or absconds from custody or supervision or if the sexual
  130  predator dies.
  131         (c) If the sexual predator is in the custody of a local
  132  jail, the custodian of the local jail shall register the sexual
  133  predator within 3 business days after intake of the sexual
  134  predator for any reason and upon release, and shall forward the
  135  registration information to the department. The custodian of the
  136  local jail shall also take a digitized photograph of the sexual
  137  predator while the sexual predator remains in custody and shall
  138  provide the digitized photograph to the department. The
  139  custodian shall notify the department if the sexual predator
  140  escapes from custody or dies.
  141         (d) If the sexual predator is under federal supervision,
  142  the federal agency responsible for supervising the sexual
  143  predator may forward to the department any information regarding
  144  the sexual predator which is consistent with the information
  145  provided by the Department of Corrections under this section,
  146  and may indicate whether use of the information is restricted to
  147  law enforcement purposes only or may be used by the department
  148  for purposes of public notification.
  149         (e)1. If the sexual predator is not in the custody or
  150  control of, or under the supervision of, the Department of
  151  Corrections or is not in the custody of a private correctional
  152  facility, the sexual predator shall register in person:
  153         a. At the sheriff’s office in the county where he or she
  154  establishes or maintains a residence within 48 hours after
  155  establishing or maintaining a residence in this state; and
  156         b. At the sheriff’s office in the county where he or she
  157  was designated a sexual predator by the court within 48 hours
  158  after such finding is made.
  159         2. Any change in the sexual predator’s permanent or
  160  temporary residence, name, or all any electronic mail addresses
  161  address and all Internet identifiers any instant message name
  162  required to be provided pursuant to subparagraph (g)4., after
  163  the sexual predator registers in person at the sheriff’s office
  164  as provided in subparagraph 1., shall be accomplished in the
  165  manner provided in paragraphs (g), (i), and (j). When a sexual
  166  predator registers with the sheriff’s office, the sheriff shall
  167  take a photograph, and a set of fingerprints, and palm prints of
  168  the predator and forward the photographs, palm prints, and
  169  fingerprints to the department, along with the information that
  170  the predator is required to provide pursuant to this section.
  171         (f) Within 48 hours after the registration required under
  172  paragraph (a) or paragraph (e), a sexual predator who is not
  173  incarcerated and who resides in the community, including a
  174  sexual predator under the supervision of the Department of
  175  Corrections, shall register in person at a driver driver’s
  176  license office of the Department of Highway Safety and Motor
  177  Vehicles and shall present proof of registration. At the driver
  178  driver’s license office the sexual predator shall:
  179         1. If otherwise qualified, secure a Florida driver driver’s
  180  license, renew a Florida driver driver’s license, or secure an
  181  identification card. The sexual predator shall identify himself
  182  or herself as a sexual predator who is required to comply with
  183  this section, provide his or her place of permanent, temporary,
  184  or transient residence, including a rural route address and a
  185  post office box, and submit to the taking of a photograph for
  186  use in issuing a driver driver’s license, renewed license, or
  187  identification card, and for use by the department in
  188  maintaining current records of sexual predators. A post office
  189  box shall not be provided in lieu of a physical residential
  190  address. If the sexual predator’s place of residence is a motor
  191  vehicle, trailer, mobile home, or manufactured home, as defined
  192  in chapter 320, the sexual predator shall also provide to the
  193  Department of Highway Safety and Motor Vehicles the vehicle
  194  identification number; the license tag number; the registration
  195  number; and a description, including color scheme, of the motor
  196  vehicle, trailer, mobile home, or manufactured home. If a sexual
  197  predator’s place of residence is a vessel, live-aboard vessel,
  198  or houseboat, as defined in chapter 327, the sexual predator
  199  shall also provide to the Department of Highway Safety and Motor
  200  Vehicles the hull identification number; the manufacturer’s
  201  serial number; the name of the vessel, live-aboard vessel, or
  202  houseboat; the registration number; and a description, including
  203  color scheme, of the vessel, live-aboard vessel, or houseboat.
  204         2. Pay the costs assessed by the Department of Highway
  205  Safety and Motor Vehicles for issuing or renewing a driver
  206  driver’s license or identification card as required by this
  207  section. The driver driver’s license or identification card
  208  issued to the sexual predator must be in compliance with s.
  209  322.141(3).
  210         3. Provide, upon request, any additional information
  211  necessary to confirm the identity of the sexual predator,
  212  including a set of fingerprints.
  213         (g)1. Each time a sexual predator’s driver driver’s license
  214  or identification card is subject to renewal, and, without
  215  regard to the status of the predator’s driver driver’s license
  216  or identification card, within 48 hours after any change of the
  217  predator’s residence or change in the predator’s name by reason
  218  of marriage or other legal process, the predator shall report in
  219  person to a driver driver’s license office and shall be subject
  220  to the requirements specified in paragraph (f). The Department
  221  of Highway Safety and Motor Vehicles shall forward to the
  222  department and to the Department of Corrections all photographs
  223  and information provided by sexual predators. Notwithstanding
  224  the restrictions set forth in s. 322.142, the Department of
  225  Highway Safety and Motor Vehicles is authorized to release a
  226  reproduction of a color-photograph or digital-image license to
  227  the Department of Law Enforcement for purposes of public
  228  notification of sexual predators as provided in this section. A
  229  sexual predator who is unable to secure or update a driver
  230  license or identification card with the Department of Highway
  231  Safety and Motor Vehicles as provided in paragraph (f) and this
  232  paragraph must also report any change of the predator’s
  233  residence or change in the predator’s name by reason of marriage
  234  or other legal process within 48 hours after the change to the
  235  sheriff’s office in the county where the predator resides or is
  236  located and provide confirmation that he or she reported such
  237  information to the Department of Highway Safety and Motor
  238  Vehicles.
  239         2. A sexual predator who vacates a permanent, temporary, or
  240  transient residence and fails to establish or maintain another
  241  permanent, temporary, or transient residence shall, within 48
  242  hours after vacating the permanent, temporary, or transient
  243  residence, report in person to the sheriff’s office of the
  244  county in which he or she is located. The sexual predator shall
  245  specify the date upon which he or she intends to or did vacate
  246  such residence. The sexual predator must provide or update all
  247  of the registration information required under paragraph (a).
  248  The sexual predator must provide an address for the residence or
  249  other place that he or she is or will be located during the time
  250  in which he or she fails to establish or maintain a permanent or
  251  temporary residence.
  252         3. A sexual predator who remains at a permanent, temporary,
  253  or transient residence after reporting his or her intent to
  254  vacate such residence shall, within 48 hours after the date upon
  255  which the predator indicated he or she would or did vacate such
  256  residence, report in person to the sheriff’s office to which he
  257  or she reported pursuant to subparagraph 2. for the purpose of
  258  reporting his or her address at such residence. When the sheriff
  259  receives the report, the sheriff shall promptly convey the
  260  information to the department. An offender who makes a report as
  261  required under subparagraph 2. but fails to make a report as
  262  required under this subparagraph commits a felony of the second
  263  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  264  775.084.
  265         4. A sexual predator must register all any electronic mail
  266  addresses and Internet identifiers address or instant message
  267  name with the department prior to using such electronic mail
  268  addresses and Internet identifiers address or instant message
  269  name on or after October 1, 2007. The department shall establish
  270  an online system through which sexual predators may securely
  271  access and update all electronic mail address and Internet
  272  identifier instant message name information.
  273         (h) The department must notify the sheriff and the state
  274  attorney of the county and, if applicable, the police chief of
  275  the municipality, where the sexual predator maintains a
  276  residence.
  277         (i) A sexual predator who intends to establish a permanent,
  278  temporary, or transient residence in another state or
  279  jurisdiction other than the State of Florida shall report in
  280  person to the sheriff of the county of current residence within
  281  48 hours before the date he or she intends to leave this state
  282  to establish residence in another state or jurisdiction or
  283  within 21 days before his or her planned departure date if the
  284  intended residence of 5 days or more is outside of the United
  285  States. The sexual predator must provide to the sheriff the
  286  address, municipality, county, and state, and country of
  287  intended residence. The sheriff shall promptly provide to the
  288  department the information received from the sexual predator.
  289  The department shall notify the statewide law enforcement
  290  agency, or a comparable agency, in the intended state, or
  291  jurisdiction, or country of residence of the sexual predator’s
  292  intended residence. The failure of a sexual predator to provide
  293  his or her intended place of residence is punishable as provided
  294  in subsection (10).
  295         (j) A sexual predator who indicates his or her intent to
  296  establish a permanent, temporary, or transient residence in
  297  another state, a or jurisdiction other than the State of
  298  Florida, or another country and later decides to remain in this
  299  state shall, within 48 hours after the date upon which the
  300  sexual predator indicated he or she would leave this state,
  301  report in person to the sheriff to which the sexual predator
  302  reported the intended change of residence, and report his or her
  303  intent to remain in this state. If the sheriff is notified by
  304  the sexual predator that he or she intends to remain in this
  305  state, the sheriff shall promptly report this information to the
  306  department. A sexual predator who reports his or her intent to
  307  establish a permanent, temporary, or transient residence in
  308  another state, a or jurisdiction other than the State of
  309  Florida, or another country, but who remains in this state
  310  without reporting to the sheriff in the manner required by this
  311  paragraph, commits a felony of the second degree, punishable as
  312  provided in s. 775.082, s. 775.083, or s. 775.084.
  313         (k)1. The department is responsible for the online
  314  maintenance of current information regarding each registered
  315  sexual predator. The department must maintain hotline access for
  316  state, local, and federal law enforcement agencies to obtain
  317  instantaneous locator file and offender characteristics
  318  information on all released registered sexual predators for
  319  purposes of monitoring, tracking, and prosecution. The
  320  photograph and fingerprints do not have to be stored in a
  321  computerized format.
  322         2. The department’s sexual predator registration list,
  323  containing the information described in subparagraph (a)1., is a
  324  public record. The department is authorized to disseminate this
  325  public information by any means deemed appropriate, including
  326  operating a toll-free telephone number for this purpose. When
  327  the department provides information regarding a registered
  328  sexual predator to the public, department personnel must advise
  329  the person making the inquiry that positive identification of a
  330  person believed to be a sexual predator cannot be established
  331  unless a fingerprint comparison is made, and that it is illegal
  332  to use public information regarding a registered sexual predator
  333  to facilitate the commission of a crime.
  334         3. The department shall adopt guidelines as necessary
  335  regarding the registration of sexual predators and the
  336  dissemination of information regarding sexual predators as
  337  required by this section.
  338         (l) A sexual predator must maintain registration with the
  339  department for the duration of his or her life, unless the
  340  sexual predator has received a full pardon or has had a
  341  conviction set aside in a postconviction proceeding for any
  342  offense that met the criteria for the sexual predator
  343  designation.
  344         (8) VERIFICATION.—The department and the Department of
  345  Corrections shall implement a system for verifying the addresses
  346  of sexual predators. The system must be consistent with the
  347  provisions of the federal Adam Walsh Child Protection and Safety
  348  Act of 2006 and any other federal standards applicable to such
  349  verification or required to be met as a condition for the
  350  receipt of federal funds by the state. The Department of
  351  Corrections shall verify the addresses of sexual predators who
  352  are not incarcerated but who reside in the community under the
  353  supervision of the Department of Corrections and shall report to
  354  the department any failure by a sexual predator to comply with
  355  registration requirements. County and local law enforcement
  356  agencies, in conjunction with the department, shall verify the
  357  addresses of sexual predators who are not under the care,
  358  custody, control, or supervision of the Department of
  359  Corrections. Local law enforcement agencies shall report to the
  360  department any failure by a sexual predator to comply with
  361  registration requirements.
  362         (a) A sexual predator must report in person each year
  363  during the month of the sexual predator’s birthday and during
  364  every third month thereafter to the sheriff’s office in the
  365  county in which he or she resides or is otherwise located to
  366  reregister. The sheriff’s office may determine the appropriate
  367  times and days for reporting by the sexual predator, which shall
  368  be consistent with the reporting requirements of this paragraph.
  369  Reregistration shall include any changes to the following
  370  information:
  371         1. Name; social security number; age; race; sex; date of
  372  birth; height; weight; tattoos or other identifying marks; hair
  373  and eye color; address of any permanent residence and address of
  374  any current temporary residence, within the state or out of
  375  state, including a rural route address and a post office box; if
  376  no permanent or temporary address, any transient residence
  377  within the state; address, location or description, and dates of
  378  any current or known future temporary residence within the state
  379  or out of state; all any electronic mail addresses address and
  380  all Internet identifiers any instant message name required to be
  381  provided pursuant to subparagraph (6)(g)4.; all home telephone
  382  numbers number and any cellular telephone numbers number; date
  383  and place of any employment; the vehicle make, model, color,
  384  registration number, and license tag number of all vehicles
  385  owned; fingerprints; palm prints; and photograph. A post office
  386  box shall not be provided in lieu of a physical residential
  387  address. The sexual predator must also produce his or her
  388  passport, if he or she has a passport, and, if he or she is an
  389  alien, must produce or provide information about documents
  390  establishing his or her immigration status. The sexual predator
  391  must also provide information about any professional licenses he
  392  or she may have.
  393         2. If the sexual predator is enrolled, employed,
  394  volunteering, or carrying on a vocation at an institution of
  395  higher education in this state, the sexual predator shall also
  396  provide to the department the name, address, and county of each
  397  institution, including each campus attended, and the sexual
  398  predator’s enrollment, volunteer, or employment status.
  399         3. If the sexual predator’s place of residence is a motor
  400  vehicle, trailer, mobile home, or manufactured home, as defined
  401  in chapter 320, the sexual predator shall also provide the
  402  vehicle identification number; the license tag number; the
  403  registration number; and a description, including color scheme,
  404  of the motor vehicle, trailer, mobile home, or manufactured
  405  home. If the sexual predator’s place of residence is a vessel,
  406  live-aboard vessel, or houseboat, as defined in chapter 327, the
  407  sexual predator shall also provide the hull identification
  408  number; the manufacturer’s serial number; the name of the
  409  vessel, live-aboard vessel, or houseboat; the registration
  410  number; and a description, including color scheme, of the
  411  vessel, live-aboard vessel, or houseboat.
  412         (b) The sheriff’s office shall, within 2 working days,
  413  electronically submit and update all information provided by the
  414  sexual predator to the department in a manner prescribed by the
  415  department.
  416         (10) PENALTIES.—
  417         (a) Except as otherwise specifically provided, a sexual
  418  predator who fails to register; who fails, after registration,
  419  to maintain, acquire, or renew a driver driver’s license or
  420  identification card; who fails to provide required location
  421  information, electronic mail address information, Internet
  422  identifier instant message name information, all home telephone
  423  numbers number and any cellular telephone numbers number, or
  424  change-of-name information; who fails to make a required report
  425  in connection with vacating a permanent residence; who fails to
  426  reregister as required; who fails to respond to any address
  427  verification correspondence from the department within 3 weeks
  428  of the date of the correspondence; who knowingly provides false
  429  registration information by act or omission; or who otherwise
  430  fails, by act or omission, to comply with the requirements of
  431  this section, commits a felony of the third degree, punishable
  432  as provided in s. 775.082, s. 775.083, or s. 775.084.
  433         Section 2. Section 800.03, Florida Statutes, is amended to
  434  read:
  435         800.03 Exposure of sexual organs.—
  436         (1) It is unlawful to expose or exhibit one’s sexual organs
  437  in public or on the private premises of another, or so near
  438  thereto as to be seen from such private premises, in a vulgar or
  439  indecent manner, or to be naked in public except in any place
  440  provided or set apart for that purpose.
  441         (2)(a) Except as provided in paragraph (b), a violation of
  442  this section is a misdemeanor of the first degree, punishable as
  443  provided in s. 775.082 or s. 775.083.
  444         (b) A third or subsequent violation of this section is a
  445  felony of the third degree, punishable as provided in s.
  446  775.082, s. 775.083, or s. 775.084.
  447         (3) A mother’s breastfeeding of her baby does not under any
  448  circumstance violate this section.
  449         Section 3. Paragraph (m) is added to subsection (2) of
  450  section 903.046, Florida Statutes, to read:
  451         903.046 Purpose of and criteria for bail determination.—
  452         (2) When determining whether to release a defendant on bail
  453  or other conditions, and what that bail or those conditions may
  454  be, the court shall consider:
  455         (m) Whether the defendant, other than a defendant whose
  456  only criminal charge is a misdemeanor offense under chapter 316,
  457  is required to register as a sexual offender under s. 943.0435
  458  or a sexual predator under s. 775.21; and, if so, he or she is
  459  not eligible for release on bail or surety bond until the first
  460  appearance on the case in order to ensure the full participation
  461  of the prosecutor and the protection of the public.
  462         Section 4. Paragraphs (a) and (g) of subsection (1),
  463  subsection (2), paragraphs (a) and (d) of subsection (4),
  464  subsections (7), (8), and (11), and paragraph (c) of subsection
  465  (14) of section 943.0435, Florida Statutes, are amended to read:
  466         943.0435 Sexual offenders required to register with the
  467  department; penalty.—
  468         (1) As used in this section, the term:
  469         (a)1. “Sexual offender” means a person who meets the
  470  criteria in sub-subparagraph a., sub-subparagraph b., sub
  471  subparagraph c., or sub-subparagraph d., as follows:
  472         a.(I) Has been convicted of committing, or attempting,
  473  soliciting, or conspiring to commit, any of the criminal
  474  offenses proscribed in the following statutes in this state or
  475  similar offenses in another jurisdiction: s. 393.135(2); s.
  476  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  477  the victim is a minor and the defendant is not the victim’s
  478  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  479  794.05; s. 796.03; s. 796.035; s. 796.045; s. 800.04; s.
  480  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  481  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  482  916.1075(2); or s. 985.701(1); or any similar offense committed
  483  in this state which has been redesignated from a former statute
  484  number to one of those listed in this sub-sub-subparagraph; and
  485         (II) Has been released on or after October 1, 1997, from
  486  the sanction imposed for any conviction of an offense described
  487  in sub-sub-subparagraph (I). For purposes of sub-sub
  488  subparagraph (I), a sanction imposed in this state or in any
  489  other jurisdiction includes, but is not limited to, a fine,
  490  probation, community control, parole, conditional release,
  491  control release, or incarceration in a state prison, federal
  492  prison, private correctional facility, or local detention
  493  facility;
  494         b. Establishes or maintains a residence in this state and
  495  who has not been designated as a sexual predator by a court of
  496  this state but who has been designated as a sexual predator, as
  497  a sexually violent predator, or by another sexual offender
  498  designation in another state or jurisdiction and was, as a
  499  result of such designation, subjected to registration or
  500  community or public notification, or both, or would be if the
  501  person were a resident of that state or jurisdiction, without
  502  regard to whether the person otherwise meets the criteria for
  503  registration as a sexual offender;
  504         c. Establishes or maintains a residence in this state who
  505  is in the custody or control of, or under the supervision of,
  506  any other state or jurisdiction as a result of a conviction for
  507  committing, or attempting, soliciting, or conspiring to commit,
  508  any of the criminal offenses proscribed in the following
  509  statutes or similar offense in another jurisdiction: s.
  510  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  511  787.025(2)(c), where the victim is a minor and the defendant is
  512  not the victim’s parent or guardian; s. 794.011, excluding s.
  513  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 796.045; s.
  514  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  515  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  516  s. 916.1075(2); or s. 985.701(1); or any similar offense
  517  committed in this state which has been redesignated from a
  518  former statute number to one of those listed in this sub
  519  subparagraph; or
  520         d. On or after July 1, 2007, has been adjudicated
  521  delinquent for committing, or attempting, soliciting, or
  522  conspiring to commit, any of the criminal offenses proscribed in
  523  the following statutes in this state or similar offenses in
  524  another jurisdiction when the juvenile was 14 years of age or
  525  older at the time of the offense:
  526         (I) Section 794.011, excluding s. 794.011(10);
  527         (II) Section 800.04(4)(b) where the victim is under 12
  528  years of age or where the court finds sexual activity by the use
  529  of force or coercion;
  530         (III) Section 800.04(5)(c)1. where the court finds
  531  molestation involving unclothed genitals; or
  532         (IV) Section 800.04(5)(d) where the court finds the use of
  533  force or coercion and unclothed genitals.
  534         2. For all qualifying offenses listed in sub-subparagraph
  535  (1)(a)1.d., the court shall make a written finding of the age of
  536  the offender at the time of the offense.
  537  
  538  For each violation of a qualifying offense listed in this
  539  subsection, except for a violation of s. 794.011, the court
  540  shall make a written finding of the age of the victim at the
  541  time of the offense. For a violation of s. 800.04(4), the court
  542  shall additionally make a written finding indicating that the
  543  offense did or did not involve sexual activity and indicating
  544  that the offense did or did not involve force or coercion. For a
  545  violation of s. 800.04(5), the court shall additionally make a
  546  written finding that the offense did or did not involve
  547  unclothed genitals or genital area and that the offense did or
  548  did not involve the use of force or coercion.
  549         (g) “Internet identifier Instant message name” has the same
  550  meaning as provided in s. 775.21 means an identifier that allows
  551  a person to communicate in real time with another person using
  552  the Internet.
  553         (2) A sexual offender shall:
  554         (a) Report in person at the sheriff’s office:
  555         1. In the county in which the offender establishes or
  556  maintains a permanent, temporary, or transient residence within
  557  48 hours after:
  558         a. Establishing permanent, temporary, or transient
  559  residence in this state; or
  560         b. Being released from the custody, control, or supervision
  561  of the Department of Corrections or from the custody of a
  562  private correctional facility; or
  563         2. In the county where he or she was convicted within 48
  564  hours after being convicted for a qualifying offense for
  565  registration under this section if the offender is not in the
  566  custody or control of, or under the supervision of, the
  567  Department of Corrections, or is not in the custody of a private
  568  correctional facility.
  569  
  570  Any change in the information required to be provided pursuant
  571  to paragraph (b), including, but not limited to, any change in
  572  the sexual offender’s permanent, temporary, or transient
  573  residence, name, all any electronic mail addresses address and
  574  all Internet identifiers any instant message name required to be
  575  provided pursuant to paragraph (4)(d), after the sexual offender
  576  reports in person at the sheriff’s office, shall be accomplished
  577  in the manner provided in subsections (4), (7), and (8).
  578         (b) Provide his or her name; date of birth; social security
  579  number; race; sex; height; weight; hair and eye color; tattoos
  580  or other identifying marks; occupation and place of employment;
  581  address of permanent or legal residence or address of any
  582  current temporary residence, within the state or out of state,
  583  including a rural route address and a post office box; if no
  584  permanent or temporary address, any transient residence within
  585  the state, address, location or description, and dates of any
  586  current or known future temporary residence within the state or
  587  out of state; the make, model, color, registration number, and
  588  license tag number of all vehicles owned; all home telephone
  589  numbers number and any cellular telephone numbers number; all
  590  any electronic mail addresses address and all Internet
  591  identifiers any instant message name required to be provided
  592  pursuant to paragraph (4)(d); fingerprints; palm prints;
  593  photograph; date and place of each conviction; and a brief
  594  description of the crime or crimes committed by the offender. A
  595  post office box shall not be provided in lieu of a physical
  596  residential address. The sexual offender must also produce his
  597  or her passport, if he or she has a passport, and, if he or she
  598  is an alien, must produce or provide information about documents
  599  establishing his or her immigration status. The sexual offender
  600  must also provide information about any professional licenses he
  601  or she may have.
  602         1. If the sexual offender’s place of residence is a motor
  603  vehicle, trailer, mobile home, or manufactured home, as defined
  604  in chapter 320, the sexual offender shall also provide to the
  605  department through the sheriff’s office written notice of the
  606  vehicle identification number; the license tag number; the
  607  registration number; and a description, including color scheme,
  608  of the motor vehicle, trailer, mobile home, or manufactured
  609  home. If the sexual offender’s place of residence is a vessel,
  610  live-aboard vessel, or houseboat, as defined in chapter 327, the
  611  sexual offender shall also provide to the department written
  612  notice of the hull identification number; the manufacturer’s
  613  serial number; the name of the vessel, live-aboard vessel, or
  614  houseboat; the registration number; and a description, including
  615  color scheme, of the vessel, live-aboard vessel, or houseboat.
  616         2. If the sexual offender is enrolled, employed,
  617  volunteering, or carrying on a vocation at an institution of
  618  higher education in this state, the sexual offender shall also
  619  provide to the department through the sheriff’s office the name,
  620  address, and county of each institution, including each campus
  621  attended, and the sexual offender’s enrollment or employment
  622  status. Each change in enrollment, volunteer, or employment
  623  status shall be reported in person at the sheriff’s office,
  624  within 48 hours after any change in status. The sheriff shall
  625  promptly notify each institution of the sexual offender’s
  626  presence and any change in the sexual offender’s enrollment,
  627  volunteer, or employment status.
  628         (c) Provide any other information determined necessary by
  629  the department, including criminal and corrections records;
  630  nonprivileged personnel and treatment records; and evidentiary
  631  genetic markers, when available.
  632  
  633  When a sexual offender reports at the sheriff’s office, the
  634  sheriff shall take a photograph, and a set of fingerprints, and
  635  palm prints of the offender and forward the photographs, palm
  636  prints, and fingerprints to the department, along with the
  637  information provided by the sexual offender. The sheriff shall
  638  promptly provide to the department the information received from
  639  the sexual offender.
  640         (4)(a) Each time a sexual offender’s driver driver’s
  641  license or identification card is subject to renewal, and,
  642  without regard to the status of the offender’s driver driver’s
  643  license or identification card, within 48 hours after any change
  644  in the offender’s permanent, temporary, or transient residence
  645  or change in the offender’s name by reason of marriage or other
  646  legal process, the offender shall report in person to a driver
  647  driver’s license office, and shall be subject to the
  648  requirements specified in subsection (3). The Department of
  649  Highway Safety and Motor Vehicles shall forward to the
  650  department all photographs and information provided by sexual
  651  offenders. Notwithstanding the restrictions set forth in s.
  652  322.142, the Department of Highway Safety and Motor Vehicles is
  653  authorized to release a reproduction of a color-photograph or
  654  digital-image license to the Department of Law Enforcement for
  655  purposes of public notification of sexual offenders as provided
  656  in this section and ss. 943.043 and 944.606. A sexual offender
  657  who is unable to secure or update a driver license or
  658  identification card with the Department of Highway Safety and
  659  Motor Vehicles as provided in subsection (3) and this subsection
  660  must also report any change in the sexual offender’s permanent,
  661  temporary, or transient residence or change in the offender’s
  662  name by reason of marriage or other legal process within 48
  663  hours after the change to the sheriff’s office in the county
  664  where the offender resides or is located and provide
  665  confirmation that he or she reported such information to the
  666  Department of Highway Safety and Motor Vehicles.
  667         (d) A sexual offender must register all any electronic mail
  668  addresses and Internet identifiers address or instant message
  669  name with the department prior to using such electronic mail
  670  addresses and Internet identifiers address or instant message
  671  name on or after October 1, 2007. The department shall establish
  672  an online system through which sexual offenders may securely
  673  access and update all electronic mail address and Internet
  674  identifier instant message name information.
  675         (7) A sexual offender who intends to establish a permanent,
  676  temporary, or transient residence in another state or
  677  jurisdiction other than the State of Florida shall report in
  678  person to the sheriff of the county of current residence within
  679  48 hours before the date he or she intends to leave this state
  680  to establish residence in another state or jurisdiction or
  681  within 21 days before his or her planned departure date if the
  682  intended residence of 5 days or more is outside of the United
  683  States. The notification must include the address, municipality,
  684  county, and state, and country of intended residence. The
  685  sheriff shall promptly provide to the department the information
  686  received from the sexual offender. The department shall notify
  687  the statewide law enforcement agency, or a comparable agency, in
  688  the intended state, or jurisdiction, or country of residence of
  689  the sexual offender’s intended residence. The failure of a
  690  sexual offender to provide his or her intended place of
  691  residence is punishable as provided in subsection (9).
  692         (8) A sexual offender who indicates his or her intent to
  693  establish a permanent, temporary, or transient residence in
  694  another state, a or jurisdiction other than the State of
  695  Florida, or another country and later decides to remain in this
  696  state shall, within 48 hours after the date upon which the
  697  sexual offender indicated he or she would leave this state,
  698  report in person to the sheriff to which the sexual offender
  699  reported the intended change of permanent, temporary, or
  700  transient residence, and report his or her intent to remain in
  701  this state. The sheriff shall promptly report this information
  702  to the department. A sexual offender who reports his or her
  703  intent to establish a permanent, temporary, or transient
  704  residence in another state, a or jurisdiction other than the
  705  State of Florida, or another country but who remains in this
  706  state without reporting to the sheriff in the manner required by
  707  this subsection commits a felony of the second degree,
  708  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  709         (11) Except as provided in this subsection and s.
  710  943.04354, a sexual offender must maintain registration with the
  711  department for the duration of his or her life, unless the
  712  sexual offender has received a full pardon or has had a
  713  conviction set aside in a postconviction proceeding for any
  714  offense that meets the criteria for classifying the person as a
  715  sexual offender for purposes of registration. However, a sexual
  716  offender:
  717         (a)1. A sexual offender may petition the criminal division
  718  of the circuit court of the circuit in which the sexual offender
  719  resides for the purpose of removing the requirement for
  720  registration as a sexual offender if Who has been lawfully
  721  released from confinement, supervision, or sanction, whichever
  722  is later, for at least 25 years and has not been arrested for
  723  any felony or misdemeanor offense since release, provided that
  724  the sexual offender’s requirement to register was not based upon
  725  an adult conviction:
  726         a. Twenty-five years have elapsed since the sexual
  727  offender’s registration period for the most recent conviction
  728  that required the offender to register began;
  729         b. The sexual offender has not been convicted or
  730  adjudicated delinquent of any felony offense or of an offense
  731  punishable by more than 1 year of imprisonment during the 25
  732  years preceding the petition to the court;
  733         c. The sexual offender has successfully completed all
  734  sanctions imposed for all offenses that required the offender to
  735  register;
  736         d. The sexual offender’s requirement to register was not
  737  based upon an adult conviction for a violation of s. 787.01, s.
  738  794.011, excluding s. 794.011(10), s. 800.04(4)(b) where the
  739  court finds the offense involved a victim under 12 years of age
  740  or sexual activity by the use of force or coercion, s.
  741  800.04(5)(b), or s. 800.04(5)(c)2. where the court finds the
  742  offense involved unclothed genitals or genital area; for any
  743  attempt or conspiracy to commit any offense listed in this sub
  744  subparagraph; or for a violation of similar law of another
  745  jurisdiction; and
  746         e. For sexual offenders whose requirement to register is
  747  based upon a conviction in another state, the sexual offender is
  748  not required to register as a sexual offender pursuant to the
  749  laws of the state where the conviction occurred.
  750         a. For a violation of s. 787.01 or s. 787.02;
  751         b. For a violation of s. 794.011, excluding s. 794.011(10);
  752         c. For a violation of s. 800.04(4)(b) where the court finds
  753  the offense involved a victim under 12 years of age or sexual
  754  activity by the use of force or coercion;
  755         d. For a violation of s. 800.04(5)(b);
  756         e. For a violation of s. 800.04(5)c.2. where the court
  757  finds the offense involved unclothed genitals or genital area;
  758         f. For any attempt or conspiracy to commit any such
  759  offense; or
  760         g. For a violation of similar law of another jurisdiction,
  761  
  762  may petition the criminal division of the circuit court of the
  763  circuit in which the sexual offender resides for the purpose of
  764  removing the requirement for registration as a sexual offender.
  765         2. A sexual offender whose requirement to register was
  766  based upon an adult conviction for a violation of s. 787.02 or
  767  s. 827.071(5), for any attempt or conspiracy to commit any
  768  offense listed in this subparagraph, or for a violation of
  769  similar law of another jurisdiction may petition the criminal
  770  division of the circuit court of the circuit in which the sexual
  771  offender resides for the purpose of removing the requirement for
  772  registration as a sexual offender if:
  773         a. Fifteen years have elapsed since the sexual offender’s
  774  registration period for the most recent conviction that required
  775  the offender to register began;
  776         b. The sexual offender has not been convicted or
  777  adjudicated delinquent of any felony offense or of an offense
  778  punishable by more than 1 year of imprisonment during the 10
  779  years preceding the petition to the court;
  780         c. The sexual offender has successfully completed all
  781  sanctions imposed for all offenses that required the offender to
  782  register; and
  783         d. For sexual offenders whose requirement to register is
  784  based upon a conviction in another state, the sexual offender is
  785  not required to register as a sexual offender pursuant to the
  786  laws of the state where the conviction occurred.
  787         3. A sexual offender required to register under sub
  788  subparagraph (1)(a)1.d. may petition the criminal division of
  789  the circuit court of the circuit in which the sexual offender
  790  resides for the purpose of removing the requirement for
  791  registration as a sexual offender if:
  792         a. Twenty-five years have elapsed since the sexual
  793  offender’s registration period for the most recent adjudication
  794  that required the offender to register began;
  795         b. The sexual offender has not been convicted or
  796  adjudicated delinquent of any felony offense or of an offense
  797  punishable by more than 1 year of imprisonment during the 25
  798  years preceding the petition to the court; and
  799         c. The sexual offender has successfully completed all
  800  sanctions imposed for any offense that required the offender to
  801  register.
  802         4.2. The court may grant or deny relief if the offender
  803  demonstrates to the court that he or she has not been arrested
  804  for any crime since release; the requested relief complies with
  805  this paragraph, the provisions of the federal Adam Walsh Child
  806  Protection and Safety Act of 2006, and any other federal
  807  standards applicable to the removal of registration requirements
  808  for a sexual offender or required to be met as a condition for
  809  the receipt of federal funds by the state; and the court is
  810  otherwise satisfied that the offender is not a current or
  811  potential threat to public safety. The state attorney in the
  812  circuit in which the petition is filed and the department must
  813  be given notice of the petition at least 3 weeks before the
  814  hearing on the matter. The state attorney may present evidence
  815  in opposition to the requested relief or may otherwise
  816  demonstrate the reasons why the petition should be denied. If
  817  the court grants the petition, the court shall instruct the
  818  petitioner to provide the department with a certified copy of
  819  the order granting relief. If the court denies the petition, the
  820  court may set a future date at which the sexual offender may
  821  again petition the court for relief, subject to the standards
  822  for relief provided in this subsection.
  823         5.3. The department shall remove an offender from
  824  classification as a sexual offender for purposes of registration
  825  if the offender provides to the department a certified copy of
  826  the court’s written findings or order that indicates that the
  827  offender is no longer required to comply with the requirements
  828  for registration as a sexual offender.
  829         6. For purposes of this paragraph:
  830         a. The registration period of a sexual offender sentenced
  831  to a term of incarceration or committed to a residential program
  832  begins upon the offender’s release for the most recent
  833  conviction that required the offender to register.
  834         b. A sexual offender’s registration period is tolled during
  835  any period in which the offender is incarcerated, civilly
  836  committed, detained pursuant to chapter 985, or committed to a
  837  residential program.
  838         (b) A sexual offender as defined in sub-subparagraph
  839  (1)(a)1.b. must maintain registration with the department for
  840  the duration of his or her life until the person provides the
  841  department with an order issued by the court that designated the
  842  person as a sexual predator, as a sexually violent predator, or
  843  by another sexual offender designation in the state or
  844  jurisdiction in which the order was issued which states that
  845  such designation has been removed or demonstrates to the
  846  department that such designation, if not imposed by a court, has
  847  been removed by operation of law or court order in the state or
  848  jurisdiction in which the designation was made, and provided
  849  such person no longer meets the criteria for registration as a
  850  sexual offender under the laws of this state.
  851         (14)
  852         (c) The sheriff’s office may determine the appropriate
  853  times and days for reporting by the sexual offender, which shall
  854  be consistent with the reporting requirements of this
  855  subsection. Reregistration shall include any changes to the
  856  following information:
  857         1. Name; social security number; age; race; sex; date of
  858  birth; height; weight; hair and eye color; address of any
  859  permanent residence and address of any current temporary
  860  residence, within the state or out of state, including a rural
  861  route address and a post office box; if no permanent or
  862  temporary address, any transient residence within the state;
  863  address, location or description, and dates of any current or
  864  known future temporary residence within the state or out of
  865  state; all any electronic mail addresses address and all
  866  Internet identifiers any instant message name required to be
  867  provided pursuant to paragraph (4)(d); all home telephone
  868  numbers number and any cellular telephone numbers number; date
  869  and place of any employment; the vehicle make, model, color,
  870  registration number, and license tag number of all vehicles
  871  owned; fingerprints; palm prints; and photograph. A post office
  872  box may shall not be provided in lieu of a physical residential
  873  address. The sexual offender must also produce his or her
  874  passport, if he or she has a passport, and, if he or she is an
  875  alien, must produce or provide information about documents
  876  establishing his or her immigration status. The sexual offender
  877  must also provide information about any professional licenses he
  878  or she may have.
  879         2. If the sexual offender is enrolled, volunteering,
  880  employed, or carrying on a vocation at an institution of higher
  881  education in this state, the sexual offender shall also provide
  882  to the department the name, address, and county of each
  883  institution, including each campus attended, and the sexual
  884  offender’s enrollment, volunteer, or employment status.
  885         3. If the sexual offender’s place of residence is a motor
  886  vehicle, trailer, mobile home, or manufactured home, as defined
  887  in chapter 320, the sexual offender shall also provide the
  888  vehicle identification number; the license tag number; the
  889  registration number; and a description, including color scheme,
  890  of the motor vehicle, trailer, mobile home, or manufactured
  891  home. If the sexual offender’s place of residence is a vessel,
  892  live-aboard vessel, or houseboat, as defined in chapter 327, the
  893  sexual offender shall also provide the hull identification
  894  number; the manufacturer’s serial number; the name of the
  895  vessel, live-aboard vessel, or houseboat; the registration
  896  number; and a description, including color scheme, of the
  897  vessel, live-aboard vessel or houseboat.
  898         4. Any sexual offender who fails to report in person as
  899  required at the sheriff’s office, or who fails to respond to any
  900  address verification correspondence from the department within 3
  901  weeks of the date of the correspondence, or who fails to report
  902  all electronic mail addresses and all Internet identifiers or
  903  instant message names, or who knowingly provides false
  904  registration information by act or omission commits a felony of
  905  the third degree, punishable as provided in s. 775.082, s.
  906  775.083, or s. 775.084.
  907         Section 5. Section 943.04351, Florida Statutes, is amended
  908  to read:
  909         943.04351 Search of registration information regarding
  910  sexual predators and sexual offenders required prior to
  911  appointment or employment.—A state agency or governmental
  912  subdivision, prior to making any decision to appoint or employ a
  913  person to work, whether for compensation or as a volunteer, at
  914  any park, playground, day care center, or other place where
  915  children regularly congregate, must conduct a search of that
  916  person’s name or other identifying information against the
  917  registration information regarding sexual predators and sexual
  918  offenders maintained by the Department of Law Enforcement under
  919  s. 943.043. The agency or governmental subdivision may conduct
  920  the search using the Internet site maintained by the Department
  921  of Law Enforcement. Also, a national search must be conducted
  922  through the Dru Sjodin National Sex Offender Public Website
  923  maintained by the United States Department of Justice. This
  924  section does not apply to those positions or appointments within
  925  a state agency or governmental subdivision for which a state and
  926  national criminal history background check is conducted.
  927         Section 6. Section 943.04354, Florida Statutes, is amended
  928  to read:
  929         943.04354 Removal of the requirement to register as a
  930  sexual offender or sexual predator in special circumstances.—
  931         (1) For purposes of this section, a person shall be
  932  considered for removal of the requirement to register as a
  933  sexual offender or sexual predator only if the person:
  934         (a) Was or will be convicted, regardless of adjudication,
  935  or adjudicated delinquent of a violation of s. 794.011, s.
  936  800.04, s. 827.071, or s. 847.0135(5), or a similar offense in
  937  another jurisdiction, or the person committed a violation of s.
  938  794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
  939  adjudication of guilt was or will be withheld, and the person
  940  does not have any other conviction, regardless of adjudication,
  941  or adjudication of delinquency, or withhold of adjudication of
  942  guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
  943  s. 847.0135(5), or a similar offense in another jurisdiction;
  944         (b)1. Was convicted, regardless of adjudication, or
  945  adjudicated delinquent of an offense listed in paragraph (a) and
  946  is required to register as a sexual offender or sexual predator
  947  solely on the basis of this conviction or adjudication
  948  violation; or and
  949         2. Was convicted, regardless of adjudication, or
  950  adjudicated delinquent of an offense in another jurisdiction
  951  that is similar to an offense listed in paragraph (a) and no
  952  longer meets the criteria for registration as a sexual offender
  953  or sexual predator under the laws of the jurisdiction where the
  954  similar offense occurred; and
  955         (c) Is not more than 4 years older than the victim of this
  956  violation who was 13 14 years of age or older but less not more
  957  than 18 17 years of age at the time the person committed this
  958  violation.
  959         (2) If a person meets the criteria in subsection (1) and
  960  the violation of s. 794.011, s. 800.04, s. 827.071, or s.
  961  847.0135(5) was committed on or after July 1, 2007, the person
  962  may move the sentencing court or, for persons convicted or
  963  adjudicated delinquent of a qualifying offense in another
  964  jurisdiction, the criminal circuit court of the circuit in which
  965  the person resides that will sentence or dispose of this
  966  violation to remove the requirement that the person register as
  967  a sexual offender or sexual predator. The person must allege in
  968  the motion that he or she meets the criteria in subsection (1)
  969  and that removal of the registration requirement will not
  970  conflict with federal law. Persons convicted or adjudicated
  971  delinquent of an offense in another jurisdiction that is similar
  972  to an offense listed in paragraph (1)(a) must provide the court
  973  written confirmation that he or she is not required to register
  974  in the state where the conviction or adjudication occurred. The
  975  state attorney and the department must be given notice of the
  976  motion at least 21 days before the date of sentencing, or
  977  disposition of the this violation, or hearing on the motion and
  978  may present evidence in opposition to the requested relief or
  979  may otherwise demonstrate why the motion should be denied. At
  980  sentencing, or disposition of the this violation, or hearing on
  981  the motion, the court shall rule on this motion and, if the
  982  court determines the person meets the criteria in subsection (1)
  983  and the removal of the registration requirement will not
  984  conflict with federal law, it may grant the motion and order the
  985  removal of the registration requirement. The court shall
  986  instruct the person to provide the department a certified copy
  987  of the order granting relief. If the court denies the motion,
  988  the person is not authorized under this section to petition for
  989  removal of the registration requirement.
  990         (3)(a) This subsection applies to a person who:
  991         1. Is not a person described in subsection (2) because the
  992  violation of s. 794.011, s. 800.04, or s. 827.071 was not
  993  committed on or after July 1, 2007;
  994         2. Is subject to registration as a sexual offender or
  995  sexual predator for a violation of s. 794.011, s. 800.04, or s.
  996  827.071; and
  997         3. Meets the criteria in subsection (1).
  998         (b) A person may petition the court in which the sentence
  999  or disposition for the violation of s. 794.011, s. 800.04, or s.
 1000  827.071 occurred for removal of the requirement to register as a
 1001  sexual offender or sexual predator. The person must allege in
 1002  the petition that he or she meets the criteria in subsection (1)
 1003  and removal of the registration requirement will not conflict
 1004  with federal law. The state attorney must be given notice of the
 1005  petition at least 21 days before the hearing on the petition and
 1006  may present evidence in opposition to the requested relief or
 1007  may otherwise demonstrate why the petition should be denied. The
 1008  court shall rule on the petition and, if the court determines
 1009  the person meets the criteria in subsection (1) and removal of
 1010  the registration requirement will not conflict with federal law,
 1011  it may grant the petition and order the removal of the
 1012  registration requirement. If the court denies the petition, the
 1013  person is not authorized under this section to file any further
 1014  petition for removal of the registration requirement.
 1015         (3)(4) If a person provides to the Department of Law
 1016  Enforcement a certified copy of the court’s order removing the
 1017  requirement that the person register as a sexual offender or
 1018  sexual predator for the violation of s. 794.011, s. 800.04, s.
 1019  827.071, or s. 847.0135(5), or a similar offense in another
 1020  jurisdiction, the registration requirement will not apply to the
 1021  person and the department shall remove all information about the
 1022  person from the public registry of sexual offenders and sexual
 1023  predators maintained by the department. However, the removal of
 1024  this information from the public registry does not mean that the
 1025  public is denied access to information about the person’s
 1026  criminal history or record that is otherwise available as a
 1027  public record.
 1028         Section 7. Subsection (2) and paragraph (a) of subsection
 1029  (3) of section 943.0437, Florida Statutes, are amended to read:
 1030         943.0437 Commercial social networking websites.—
 1031         (2) The department may provide information relating to
 1032  electronic mail addresses and Internet identifiers instant
 1033  message names maintained as part of the sexual offender registry
 1034  to commercial social networking websites or third parties
 1035  designated by commercial social networking websites. The
 1036  commercial social networking website may use this information
 1037  for the purpose of comparing registered users and screening
 1038  potential users of the commercial social networking website
 1039  against the list of electronic mail addresses and Internet
 1040  identifiers instant message names provided by the department.
 1041         (3) This section shall not be construed to impose any civil
 1042  liability on a commercial social networking website for:
 1043         (a) Any action voluntarily taken in good faith to remove or
 1044  disable any profile of a registered user associated with an
 1045  electronic mail address or Internet identifier instant message
 1046  name contained in the sexual offender registry.
 1047         Section 8. Paragraphs (b) and (d) of subsection (1) and
 1048  paragraph (a) of subsection (3) of section 944.606, Florida
 1049  Statutes, are amended to read:
 1050         944.606 Sexual offenders; notification upon release.—
 1051         (1) As used in this section:
 1052         (b) “Sexual offender” means a person who has been convicted
 1053  of committing, or attempting, soliciting, or conspiring to
 1054  commit, any of the criminal offenses proscribed in the following
 1055  statutes in this state or similar offenses in another
 1056  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1057  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1058  defendant is not the victim’s parent or guardian; s. 794.011,
 1059  excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.045; s.
 1060  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
 1061  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
 1062  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
 1063  offense committed in this state which has been redesignated from
 1064  a former statute number to one of those listed in this
 1065  subsection, when the department has received verified
 1066  information regarding such conviction; an offender’s
 1067  computerized criminal history record is not, in and of itself,
 1068  verified information.
 1069         (d) “Internet identifier Instant message name” has the same
 1070  meaning as provided in s. 775.21 means an identifier that allows
 1071  a person to communicate in real time with another person using
 1072  the Internet.
 1073         (3)(a) The department must provide information regarding
 1074  any sexual offender who is being released after serving a period
 1075  of incarceration for any offense, as follows:
 1076         1. The department must provide: the sexual offender’s name,
 1077  any change in the offender’s name by reason of marriage or other
 1078  legal process, and any alias, if known; the correctional
 1079  facility from which the sexual offender is released; the sexual
 1080  offender’s social security number, race, sex, date of birth,
 1081  height, weight, and hair and eye color; address of any planned
 1082  permanent residence or temporary residence, within the state or
 1083  out of state, including a rural route address and a post office
 1084  box; if no permanent or temporary address, any transient
 1085  residence within the state; address, location or description,
 1086  and dates of any known future temporary residence within the
 1087  state or out of state; date and county of sentence and each
 1088  crime for which the offender was sentenced; a copy of the
 1089  offender’s fingerprints, palm prints, and a digitized photograph
 1090  taken within 60 days before release; the date of release of the
 1091  sexual offender; all any electronic mail addresses address and
 1092  all Internet identifiers any instant message name required to be
 1093  provided pursuant to s. 943.0435(4)(d); all and home telephone
 1094  numbers number and any cellular telephone numbers; information
 1095  about any professional licenses the offender may have, if known;
 1096  and passport information, if he or she has a passport, and, if
 1097  he or she is an alien, information about documents establishing
 1098  his or her immigration status number. The department shall
 1099  notify the Department of Law Enforcement if the sexual offender
 1100  escapes, absconds, or dies. If the sexual offender is in the
 1101  custody of a private correctional facility, the facility shall
 1102  take the digitized photograph of the sexual offender within 60
 1103  days before the sexual offender’s release and provide this
 1104  photograph to the Department of Corrections and also place it in
 1105  the sexual offender’s file. If the sexual offender is in the
 1106  custody of a local jail, the custodian of the local jail shall
 1107  register the offender within 3 business days after intake of the
 1108  offender for any reason and upon release, and shall notify the
 1109  Department of Law Enforcement of the sexual offender’s release
 1110  and provide to the Department of Law Enforcement the information
 1111  specified in this paragraph and any information specified in
 1112  subparagraph 2. that the Department of Law Enforcement requests.
 1113         2. The department may provide any other information deemed
 1114  necessary, including criminal and corrections records,
 1115  nonprivileged personnel and treatment records, when available.
 1116         Section 9. Paragraphs (a) and (f) of subsection (1),
 1117  subsection (4), and paragraph (c) of subsection (13) of section
 1118  944.607, Florida Statutes, are amended to read:
 1119         944.607 Notification to Department of Law Enforcement of
 1120  information on sexual offenders.—
 1121         (1) As used in this section, the term:
 1122         (a) “Sexual offender” means a person who is in the custody
 1123  or control of, or under the supervision of, the department or is
 1124  in the custody of a private correctional facility:
 1125         1. On or after October 1, 1997, as a result of a conviction
 1126  for committing, or attempting, soliciting, or conspiring to
 1127  commit, any of the criminal offenses proscribed in the following
 1128  statutes in this state or similar offenses in another
 1129  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1130  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1131  defendant is not the victim’s parent or guardian; s. 794.011,
 1132  excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
 1133  796.045; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
 1134  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
 1135  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
 1136  offense committed in this state which has been redesignated from
 1137  a former statute number to one of those listed in this
 1138  paragraph; or
 1139         2. Who establishes or maintains a residence in this state
 1140  and who has not been designated as a sexual predator by a court
 1141  of this state but who has been designated as a sexual predator,
 1142  as a sexually violent predator, or by another sexual offender
 1143  designation in another state or jurisdiction and was, as a
 1144  result of such designation, subjected to registration or
 1145  community or public notification, or both, or would be if the
 1146  person were a resident of that state or jurisdiction, without
 1147  regard as to whether the person otherwise meets the criteria for
 1148  registration as a sexual offender.
 1149         (f) “Internet identifier Instant message name” has the same
 1150  meaning as provided in s. 775.21 means an identifier that allows
 1151  a person to communicate in real time with another person using
 1152  the Internet.
 1153         (4) A sexual offender, as described in this section, who is
 1154  under the supervision of the Department of Corrections but is
 1155  not incarcerated must register with the Department of
 1156  Corrections within 3 business days after sentencing for a
 1157  registrable offense and otherwise provide information as
 1158  required by this subsection.
 1159         (a) The sexual offender shall provide his or her name; date
 1160  of birth; social security number; race; sex; height; weight;
 1161  hair and eye color; tattoos or other identifying marks; all any
 1162  electronic mail addresses address and all Internet identifiers
 1163  any instant message name required to be provided pursuant to s.
 1164  943.0435(4)(d); the make, model, color, registration number, and
 1165  license tag number of all vehicles owned; permanent or legal
 1166  residence and address of temporary residence within the state or
 1167  out of state while the sexual offender is under supervision in
 1168  this state, including any rural route address or post office
 1169  box; if no permanent or temporary address, any transient
 1170  residence within the state; and address, location or
 1171  description, and dates of any current or known future temporary
 1172  residence within the state or out of state. The sexual offender
 1173  must also produce his or her passport, if he or she has a
 1174  passport, and, if he or she is an alien, must produce or provide
 1175  information about documents establishing his or her immigration
 1176  status. The sexual offender must also provide information about
 1177  any professional licenses he or she may have. The Department of
 1178  Corrections shall verify the address of each sexual offender in
 1179  the manner described in ss. 775.21 and 943.0435. The department
 1180  shall report to the Department of Law Enforcement any failure by
 1181  a sexual predator or sexual offender to comply with registration
 1182  requirements.
 1183         (b) If the sexual offender is enrolled, employed,
 1184  volunteering, or carrying on a vocation at an institution of
 1185  higher education in this state, the sexual offender shall
 1186  provide the name, address, and county of each institution,
 1187  including each campus attended, and the sexual offender’s
 1188  enrollment, volunteer, or employment status. Each change in
 1189  enrollment, volunteer, or employment status shall be reported to
 1190  the department within 48 hours after the change in status. The
 1191  Department of Corrections shall promptly notify each institution
 1192  of the sexual offender’s presence and any change in the sexual
 1193  offender’s enrollment, volunteer, or employment status.
 1194         (13)
 1195         (c) The sheriff’s office may determine the appropriate
 1196  times and days for reporting by the sexual offender, which shall
 1197  be consistent with the reporting requirements of this
 1198  subsection. Reregistration shall include any changes to the
 1199  following information:
 1200         1. Name; social security number; age; race; sex; date of
 1201  birth; height; weight; hair and eye color; address of any
 1202  permanent residence and address of any current temporary
 1203  residence, within the state or out of state, including a rural
 1204  route address and a post office box; if no permanent or
 1205  temporary address, any transient residence; address, location or
 1206  description, and dates of any current or known future temporary
 1207  residence within the state or out of state; all any electronic
 1208  mail addresses address and all Internet identifiers any instant
 1209  message name required to be provided pursuant to s.
 1210  943.0435(4)(d); date and place of any employment; the vehicle
 1211  make, model, color, registration number, and license tag number
 1212  of all vehicles owned; fingerprints; palm prints; and
 1213  photograph. A post office box shall not be provided in lieu of a
 1214  physical residential address. The sexual offender must also
 1215  produce his or her passport, if he or she has a passport, and,
 1216  if he or she is an alien, must produce or provide information
 1217  about documents establishing his or her immigration status. The
 1218  sexual offender must also provide information about any
 1219  professional licenses he or she may have.
 1220         2. If the sexual offender is enrolled, employed,
 1221  volunteering, or carrying on a vocation at an institution of
 1222  higher education in this state, the sexual offender shall also
 1223  provide to the department the name, address, and county of each
 1224  institution, including each campus attended, and the sexual
 1225  offender’s enrollment, volunteer, or employment status.
 1226         3. If the sexual offender’s place of residence is a motor
 1227  vehicle, trailer, mobile home, or manufactured home, as defined
 1228  in chapter 320, the sexual offender shall also provide the
 1229  vehicle identification number; the license tag number; the
 1230  registration number; and a description, including color scheme,
 1231  of the motor vehicle, trailer, mobile home, or manufactured
 1232  home. If the sexual offender’s place of residence is a vessel,
 1233  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1234  sexual offender shall also provide the hull identification
 1235  number; the manufacturer’s serial number; the name of the
 1236  vessel, live-aboard vessel, or houseboat; the registration
 1237  number; and a description, including color scheme, of the
 1238  vessel, live-aboard vessel or houseboat.
 1239         4. Any sexual offender who fails to report in person as
 1240  required at the sheriff’s office, or who fails to respond to any
 1241  address verification correspondence from the department within 3
 1242  weeks of the date of the correspondence, or who fails to report
 1243  all electronic mail addresses and all Internet identifiers or
 1244  instant message names, or who knowingly provides false
 1245  registration information by act or omission commits a felony of
 1246  the third degree, punishable as provided in s. 775.082, s.
 1247  775.083, or s. 775.084.
 1248         Section 10. Subsection (11) of section 947.005, Florida
 1249  Statutes, is amended to read:
 1250         947.005 Definitions.—As used in this chapter, unless the
 1251  context clearly indicates otherwise:
 1252         (11) “Risk assessment” means an assessment completed by a
 1253  an independent qualified practitioner to evaluate the level of
 1254  risk associated when a sex offender has contact with a child.
 1255         Section 11. Section 948.31, Florida Statutes, is amended to
 1256  read:
 1257         948.31 Evaluation and treatment of sexual predators and
 1258  offenders on probation or community control.—The court may shall
 1259  require an evaluation by a qualified practitioner to determine
 1260  the need of a probationer or community controllee for treatment.
 1261  If the court determines that a need therefor is established by
 1262  the evaluation process, the court shall require sexual offender
 1263  treatment as a term or condition of probation or community
 1264  control for any probationer or community controllee person who
 1265  is required to register as a sexual predator under s. 775.21 or
 1266  sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to
 1267  undergo an evaluation, at the probationer or community
 1268  controllee’s expense, by a qualified practitioner to determine
 1269  whether such person needs sexual offender treatment. If the
 1270  qualified practitioner determines that sexual offender treatment
 1271  is needed and recommends treatment, the probationer or community
 1272  controllee must successfully complete and pay for the treatment.
 1273  Such treatment must shall be required to be obtained from a
 1274  qualified practitioner as defined in s. 948.001. Treatment may
 1275  not be administered by a qualified practitioner who has been
 1276  convicted or adjudicated delinquent of committing, or
 1277  attempting, soliciting, or conspiring to commit, any offense
 1278  that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
 1279  impose a restriction against contact with minors if sexual
 1280  offender treatment is recommended. The evaluation and
 1281  recommendations for treatment of the probationer or community
 1282  controllee shall be provided to the court for review.
 1283         Section 12. Paragraph (a) of subsection (3) of section
 1284  985.481, Florida Statutes, is amended to read:
 1285         985.481 Sexual offenders adjudicated delinquent;
 1286  notification upon release.—
 1287         (3)(a) The department must provide information regarding
 1288  any sexual offender who is being released after serving a period
 1289  of residential commitment under the department for any offense,
 1290  as follows:
 1291         1. The department must provide the sexual offender’s name,
 1292  any change in the offender’s name by reason of marriage or other
 1293  legal process, and any alias, if known; the correctional
 1294  facility from which the sexual offender is released; the sexual
 1295  offender’s social security number, race, sex, date of birth,
 1296  height, weight, and hair and eye color; the make, model, color,
 1297  registration number, and license tag number of all vehicles
 1298  owned, if known; address of any planned permanent residence or
 1299  temporary residence, within the state or out of state, including
 1300  a rural route address and a post office box; if no permanent or
 1301  temporary address, any transient residence within the state;
 1302  address, location or description, and dates of any known future
 1303  temporary residence within the state or out of state; date and
 1304  county of disposition and each crime for which there was a
 1305  disposition; a copy of the offender’s fingerprints and a
 1306  digitized photograph taken within 60 days before release; the
 1307  date of release of the sexual offender; all and home telephone
 1308  numbers number and any cellular telephone numbers; information
 1309  about any professional licenses the offender may have, if known;
 1310  and passport information, if he or she has a passport, and, if
 1311  he or she is an alien, information about documents establishing
 1312  his or her immigration status number. The department shall
 1313  notify the Department of Law Enforcement if the sexual offender
 1314  escapes, absconds, or dies. If the sexual offender is in the
 1315  custody of a private correctional facility, the facility shall
 1316  take the digitized photograph of the sexual offender within 60
 1317  days before the sexual offender’s release and also place it in
 1318  the sexual offender’s file. If the sexual offender is in the
 1319  custody of a local jail, the custodian of the local jail shall
 1320  register the offender within 3 business days after intake of the
 1321  offender for any reason and upon release, and shall notify the
 1322  Department of Law Enforcement of the sexual offender’s release
 1323  and provide to the Department of Law Enforcement the information
 1324  specified in this subparagraph and any information specified in
 1325  subparagraph 2. which the Department of Law Enforcement
 1326  requests.
 1327         2. The department may provide any other information
 1328  considered necessary, including criminal and delinquency
 1329  records, when available.
 1330         Section 13. Subsection (4) and paragraph (b) of subsection
 1331  (13) of section 985.4815, Florida Statutes, are amended to read:
 1332         985.4815 Notification to Department of Law Enforcement of
 1333  information on juvenile sexual offenders.—
 1334         (4) A sexual offender, as described in this section, who is
 1335  under the supervision of the department but who is not committed
 1336  must register with the department within 3 business days after
 1337  adjudication and disposition for a registrable offense and
 1338  otherwise provide information as required by this subsection.
 1339         (a) The sexual offender shall provide his or her name; date
 1340  of birth; social security number; race; sex; height; weight;
 1341  hair and eye color; tattoos or other identifying marks; the
 1342  make, model, color, registration number, and license tag number
 1343  of all vehicles owned; permanent or legal residence and address
 1344  of temporary residence within the state or out of state while
 1345  the sexual offender is in the care or custody or under the
 1346  jurisdiction or supervision of the department in this state,
 1347  including any rural route address or post office box; if no
 1348  permanent or temporary address, any transient residence;
 1349  address, location or description, and dates of any current or
 1350  known future temporary residence within the state or out of
 1351  state; and the name and address of each school attended. The
 1352  sexual offender must also produce his or her passport, if he or
 1353  she has a passport, and, if he or she is an alien, must produce
 1354  or provide information about documents establishing his or her
 1355  immigration status. The offender must also provide information
 1356  about any professional licenses he or she may have. The
 1357  department shall verify the address of each sexual offender and
 1358  shall report to the Department of Law Enforcement any failure by
 1359  a sexual offender to comply with registration requirements.
 1360         (b) If the sexual offender is enrolled, employed,
 1361  volunteering, or carrying on a vocation at an institution of
 1362  higher education in this state, the sexual offender shall
 1363  provide the name, address, and county of each institution,
 1364  including each campus attended, and the sexual offender’s
 1365  enrollment, volunteer, or employment status. Each change in
 1366  enrollment, volunteer, or employment status shall be reported to
 1367  the department within 48 hours after the change in status. The
 1368  department shall promptly notify each institution of the sexual
 1369  offender’s presence and any change in the sexual offender’s
 1370  enrollment, volunteer, or employment status.
 1371         (13)
 1372         (b) The sheriff’s office may determine the appropriate
 1373  times and days for reporting by the sexual offender, which shall
 1374  be consistent with the reporting requirements of this
 1375  subsection. Reregistration shall include any changes to the
 1376  following information:
 1377         1. Name; social security number; age; race; sex; date of
 1378  birth; height; weight; hair and eye color; fingerprints; palm
 1379  prints; address of any permanent residence and address of any
 1380  current temporary residence, within the state or out of state,
 1381  including a rural route address and a post office box; if no
 1382  permanent or temporary address, any transient residence;
 1383  address, location or description, and dates of any current or
 1384  known future temporary residence within the state or out of
 1385  state; passport information, if he or she has a passport, and,
 1386  if he or she is an alien, information about documents
 1387  establishing his or her immigration status; name and address of
 1388  each school attended; date and place of any employment; the
 1389  vehicle make, model, color, registration number, and license tag
 1390  number of all vehicles owned; fingerprints; and photograph. A
 1391  post office box shall not be provided in lieu of a physical
 1392  residential address. The offender must also provide information
 1393  about any professional licenses he or she may have.
 1394         2. If the sexual offender is enrolled, employed,
 1395  volunteering, or carrying on a vocation at an institution of
 1396  higher education in this state, the sexual offender shall also
 1397  provide to the department the name, address, and county of each
 1398  institution, including each campus attended, and the sexual
 1399  offender’s enrollment, volunteer, or employment status.
 1400         3. If the sexual offender’s place of residence is a motor
 1401  vehicle, trailer, mobile home, or manufactured home, as defined
 1402  in chapter 320, the sexual offender shall also provide the
 1403  vehicle identification number; the license tag number; the
 1404  registration number; and a description, including color scheme,
 1405  of the motor vehicle, trailer, mobile home, or manufactured
 1406  home. If the sexual offender’s place of residence is a vessel,
 1407  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1408  sexual offender shall also provide the hull identification
 1409  number; the manufacturer’s serial number; the name of the
 1410  vessel, live-aboard vessel, or houseboat; the registration
 1411  number; and a description, including color scheme, of the
 1412  vessel, live-aboard vessel, or houseboat.
 1413         4. Any sexual offender who fails to report in person as
 1414  required at the sheriff’s office, or who fails to respond to any
 1415  address verification correspondence from the department within 3
 1416  weeks after the date of the correspondence, or who knowingly
 1417  provides false registration information by act or omission
 1418  commits a felony of the third degree, punishable as provided in
 1419  ss. 775.082, 775.083, and 775.084.
 1420         Section 14. Subsection (13) is added to section 947.1405,
 1421  Florida Statutes, to read:
 1422         947.1405 Conditional release program.—
 1423         (13) In addition to all other conditions imposed, for a
 1424  releasee who is subject to conditional release for a crime that
 1425  was committed on or after October 1, 2012, and who has been
 1426  convicted at any time of a violation of s. 800.04(7)(b) or s.
 1427  847.0135(4), or a similar offense in another jurisdiction, the
 1428  commission must order electronic monitoring for the duration of
 1429  the releasee’s supervision.
 1430         Section 15. Subsection (5) is added to section 948.30,
 1431  Florida Statutes, to read:
 1432         948.30 Additional terms and conditions of probation or
 1433  community control for certain sex offenses.—Conditions imposed
 1434  pursuant to this section do not require oral pronouncement at
 1435  the time of sentencing and shall be considered standard
 1436  conditions of probation or community control for offenders
 1437  specified in this section.
 1438         (5) Effective for a probationer or community controllee
 1439  whose crime was committed on or after October 1, 2012, and who:
 1440         (a) Is placed on probation or community control for a
 1441  violation of s. 800.04(7)(b) or s. 847.0135(4); or
 1442         (b) Has previously been convicted of a violation of s.
 1443  800.04(7)(b) or s. 847.0135(4), or a similar offense in another
 1444  jurisdiction,
 1445  
 1446  the court must order, in addition to any other requirements of
 1447  this section, mandatory electronic monitoring as a condition of
 1448  the probation or community control supervision.
 1449         Section 16. Paragraphs (g) and (i) of subsection (3) of
 1450  section 921.0022, Florida Statutes, are amended to read:
 1451         921.0022 Criminal Punishment Code; offense severity ranking
 1452  chart.—
 1453         (3) OFFENSE SEVERITY RANKING CHART
 1454         (g) LEVEL 7
 1455  FloridaStatute   FelonyDegree                Description                
 1456  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
 1457  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
 1458  316.1935(3)(b)      1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1459  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
 1460  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1461  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
 1462  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
 1463  456.065(2)          3rd   Practicing a health care profession without a license.
 1464  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
 1465  458.327(1)          3rd   Practicing medicine without a license.     
 1466  459.013(1)          3rd   Practicing osteopathic medicine without a license.
 1467  460.411(1)          3rd   Practicing chiropractic medicine without a license.
 1468  461.012(1)          3rd   Practicing podiatric medicine without a license.
 1469  462.17              3rd   Practicing naturopathy without a license.  
 1470  463.015(1)          3rd   Practicing optometry without a license.    
 1471  464.016(1)          3rd   Practicing nursing without a license.      
 1472  465.015(2)          3rd   Practicing pharmacy without a license.     
 1473  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
 1474  467.201             3rd   Practicing midwifery without a license.    
 1475  468.366             3rd   Delivering respiratory care services without a license.
 1476  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
 1477  483.901(9)          3rd   Practicing medical physics without a license.
 1478  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
 1479  484.053             3rd   Dispensing hearing aids without a license. 
 1480  494.0018(2)         1st   Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 1481  560.123(8)(b)1.     3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 1482  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1483  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1484  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
 1485  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
 1486  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1487  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1488  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1489  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1490  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1491  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1492  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
 1493  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
 1494  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
 1495  784.048(7)          3rd   Aggravated stalking; violation of court order.
 1496  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
 1497  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
 1498  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
 1499  784.081(1)          1st   Aggravated battery on specified official or employee.
 1500  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
 1501  784.083(1)          1st   Aggravated battery on code inspector.      
 1502  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1503  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
 1504  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
 1505  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1506  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1507  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1508  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1509  794.08(4)           3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 1510  796.03              2nd   Procuring any person under 18 16 years for prostitution.
 1511  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
 1512  800.04(5)(c)2.      2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
 1513  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
 1514  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
 1515  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1516  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
 1517  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
 1518  812.014(2)(a)1.     1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 1519  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1520  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
 1521  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
 1522  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
 1523  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1524  812.131(2)(a)       2nd   Robbery by sudden snatching.               
 1525  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
 1526  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
 1527  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
 1528  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
 1529  817.2341 (2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 1530  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1531  825.103(2)(b)       2nd   Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
 1532  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
 1533  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
 1534  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
 1535  838.015             2nd   Bribery.                                   
 1536  838.016             2nd   Unlawful compensation or reward for official behavior.
 1537  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
 1538  838.22              2nd   Bid tampering.                             
 1539  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1540  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
 1541  872.06              2nd   Abuse of a dead human body.                
 1542  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1543  893.13(1)(c)1.      1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1544  893.13(1)(e)1.      1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 1545  893.13(4)(a)        1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 1546  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1547  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1548  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1549  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 1550  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 1551  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 1552  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1553  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1554  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1555  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1556  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
 1557  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
 1558  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1559  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1560  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1561  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
 1562  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1563  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
 1564  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
 1565  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1566  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1567  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
 1568  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1569  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1570  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
 1571         (i) LEVEL 9
 1572  FloridaStatute    FelonyDegree               Description                
 1573  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
 1574  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
 1575  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
 1576  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 1577  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 1578  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 1579  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 1580  775.0844             1st   Aggravated white collar crime.            
 1581  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
 1582  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
 1583  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 1584  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
 1585  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
 1586  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
 1587  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
 1588  787.02(3)(a)       1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 1589  790.161              1st   Attempted capital destructive device offense.
 1590  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
 1591  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
 1592  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 1593  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
 1594  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 1595  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
 1596  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 1597  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
 1598  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
 1599  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
 1600  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 1601  827.03(2)            1st   Aggravated child abuse.                   
 1602  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
 1603  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
 1604  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 1605  893.135              1st   Attempted capital trafficking offense.    
 1606  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
 1607  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 1608  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 1609  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
 1610  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
 1611  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
 1612  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 1613  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
 1614  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
 1615  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
 1616  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 1617         Section 17. This act shall take effect October 1, 2012.
 1618  
 1619  ================= T I T L E  A M E N D M E N T ================
 1620         And the title is amended as follows:
 1621         Delete everything before the enacting clause
 1622  and insert:
 1623                        A bill to be entitled                      
 1624         An act relating to sex offenses; amending s. 775.21,
 1625         F.S.; replacing the definition of the term “instant
 1626         message name” with the definition of the term
 1627         “Internet identifier”; providing that voluntary
 1628         disclosure of specified information waives a
 1629         disclosure exemption for such information; conforming
 1630         provisions; adding additional offenses to the list of
 1631         sexual predator qualifying offenses; requiring
 1632         disclosure of additional information during the sexual
 1633         predator registration process; requiring that a sexual
 1634         predator who is unable to secure or update a driver
 1635         license or identification card within a specified
 1636         period must report specified information to the local
 1637         sheriff’s office within a specified period after such
 1638         change with confirmation that he or she also reported
 1639         such information to the Department of Highway Safety
 1640         and Motor Vehicles; revising reporting requirements if
 1641         a sexual predator plans to leave the United States for
 1642         more than a specified period; providing criminal
 1643         penalties for knowingly providing false registration
 1644         information by act or omission; amending s. 800.03,
 1645         F.S.; providing enhanced penalties for third or
 1646         subsequent indecent exposure violations; amending s.
 1647         903.046, F.S.; requiring a court considering whether
 1648         to release a defendant on bail to determine whether
 1649         the defendant is subject to registration as a sexual
 1650         offender or sexual predator and, if so, to hold the
 1651         defendant without bail until the first appearance on
 1652         the case; providing an exception; amending s.
 1653         943.0435, F.S.; adding additional offenses to the list
 1654         of sexual offender qualifying offenses; replacing the
 1655         definition of the term “instant message name” with the
 1656         definition of the term “Internet identifier”;
 1657         conforming provisions; requiring disclosure of
 1658         additional sexual offender registration information;
 1659         requiring that a sexual offender who is unable to
 1660         secure or update a driver license or identification
 1661         card within a specified period must report specified
 1662         information to the local sheriff’s office within a
 1663         specified period of such change with confirmation that
 1664         he or she also reported such information to the
 1665         Department of Highway Safety and Motor Vehicles;
 1666         providing additional requirements for sexual offenders
 1667         intending to reside outside of the United States;
 1668         revising criteria applicable to provisions allowing
 1669         removal from the requirement to register as a sexual
 1670         offender; providing criminal penalties for knowingly
 1671         providing false registration information by act or
 1672         omission; amending s. 943.04351, F.S.; requiring a
 1673         specified national search of registration information
 1674         regarding sexual predators and sexual offenders prior
 1675         to appointment or employment of persons by state
 1676         agencies and governmental subdivisions; amending s.
 1677         943.04354, F.S.; revising the criteria applicable to
 1678         provisions allowing removal of the requirement to
 1679         register as a sexual offender or sexual predator;
 1680         amending s. 943.0437, F.S.; replacing the term
 1681         “instant message name” with the term “Internet
 1682         identifier”; amending ss. 944.606 and 944.607, F.S.;
 1683         adding additional offenses to the list of sexual
 1684         offender qualifying offenses; replacing the definition
 1685         of the term “instant message name” with the definition
 1686         of the term “Internet identifier”; conforming
 1687         provisions; requiring disclosure of additional
 1688         registration information; providing criminal penalties
 1689         for knowingly providing false registration information
 1690         by act or omission; amending s. 947.005, F.S.;
 1691         revising the definition of the term “risk assessment”;
 1692         amending s. 948.31, F.S.; authorizing the court to
 1693         require sexual offenders and sexual predators who are
 1694         on probation or community control to undergo an
 1695         evaluation to determine whether the offender or
 1696         predator needs sexual offender treatment; requiring
 1697         the probationer or community controllee to pay for the
 1698         treatment; removing a provision prohibiting contact
 1699         with minors if sexual offender treatment is
 1700         recommended; amending ss. 985.481 and 985.4815, F.S.;
 1701         requiring disclosure of additional registration
 1702         information by certain sexual offenders adjudicated
 1703         delinquent and certain juvenile sexual offenders;
 1704         providing criminal penalties for knowingly providing
 1705         false registration information by act or omission;
 1706         amending s. 947.1405, F.S.; requiring the commission
 1707         to order electronic monitoring for certain conditional
 1708         releasees; amending s. 948.30, F.S.; requiring the
 1709         court to order electronic monitoring for certain
 1710         offenders; amending s. 921.0022, F.S.; correcting
 1711         references; providing an effective date.