Florida Senate - 2012                                    SB 1800
       
       
       
       By Senator Altman
       
       
       
       
       24-01342-12                                           20121800__
    1                        A bill to be entitled                      
    2         An act relating to criminal offenders; amending s.
    3         775.21, F.S.; replacing the definition of the term
    4         “instant message name” with the definition of the term
    5         “Internet identifier”; providing that voluntary
    6         disclosure of specified information waives a
    7         disclosure exemption for such information; conforming
    8         provisions; requiring disclosure of passport and
    9         immigration status information; requiring that a
   10         sexual predator who is unable to secure or update a
   11         driver license or identification card within a
   12         specified period must report specified information to
   13         the local sheriff’s office within a specified period
   14         after such change with confirmation that he or she
   15         also reported such information to the Department of
   16         Highway Safety and Motor Vehicles; requiring a sexual
   17         predator released in a homeless or transient status to
   18         report in person to the sheriff’s office in the county
   19         in which he or she is located within a specified
   20         period; revising reporting requirements if a sexual
   21         predator plans to leave the United States for more
   22         than a specified period; amending s. 943.0435, F.S.;
   23         replacing the definition of the term “instant message
   24         name” with the definition of the term “Internet
   25         identifier”; conforming provisions; requiring
   26         disclosure of passport and immigration status
   27         information; requiring that a sexual predator who is
   28         unable to secure or update a driver license or
   29         identification card within a specified period must
   30         report specified information to the local sheriff’s
   31         office within a specified period of such change with
   32         confirmation that he or she also reported such
   33         information to the Department of Highway Safety and
   34         Motor Vehicles; providing additional requirements for
   35         sexual offenders intending to reside outside of the
   36         United States; amending s. 943.04351, F.S.; requiring
   37         a specified national search of registration
   38         information regarding sexual predators and sexual
   39         offenders prior to appointment or employment of
   40         persons by state agencies and governmental
   41         subdivisions; amending s. 943.04354, F.S.; revising
   42         the age range applicable to provisions allowing
   43         removal of the requirement to register as a sexual
   44         offender or sexual predator in certain circumstances;
   45         revising eligibility requirements for removal of the
   46         requirement to register as a sexual offender or sexual
   47         predator; amending s. 943.0437, F.S.; replacing the
   48         definition of the term “instant message name” with the
   49         definition of the term “Internet identifier”;
   50         conforming provisions; amending ss. 944.606 and
   51         944.607, F.S.; replacing the definition of the term
   52         “instant message name” with the definition of the term
   53         “Internet identifier”; conforming provisions;
   54         requiring disclosure of passport and immigration
   55         status information; amending s. 947.005, F.S.;
   56         revising the definition of the term “risk assessment”;
   57         amending s. 947.1405, F.S.; requiring that certain
   58         conditional releasees be subject to electronic
   59         monitoring; amending s. 948.30, F.S.; providing
   60         restrictions for certain persons who receive a
   61         designation equivalent to sexual predator in another
   62         jurisdiction or who are convicted of certain offenses
   63         in another jurisdiction; providing for electronic
   64         monitoring of certain persons; subjecting persons
   65         convicted of specified offenses to additional
   66         restrictions; amending s. 948.31, F.S.; providing that
   67         conditions imposed under that section do not require
   68         oral pronouncement at the time of sentencing and shall
   69         be considered standard conditions of probation or
   70         community control for certain offenders; revising
   71         provisions relating to evaluation of persons subject
   72         to registration as sexual offenders or sexual
   73         predators; authorizing a court to require treatment
   74         from a qualified practitioner in certain
   75         circumstances; authorizing a court to restrict the
   76         probationer or community controllee from having
   77         unsupervised contact with a minor or prohibit him or
   78         her from residing with a minor in certain
   79         circumstances; amending ss. 985.481 and 985.4815,
   80         F.S.; requiring disclosure of passport and immigration
   81         status information by certain sexual offenders
   82         adjudicated delinquent and certain juvenile sexual
   83         offenders; amending s. 903.046, F.S.; requiring a
   84         court considering whether to release a defendant on
   85         bail to determine whether the defendant is subject to
   86         registration as a sexual offender or sexual predator
   87         and, if so, to hold the defendant without bail until
   88         the first appearance on the case; providing an
   89         exception; amending s. 948.012, F.S.; revising
   90         language concerning commencement of the period of
   91         probation or community control; amending s. 948.039,
   92         F.S.; providing that a probation or community control
   93         period commences immediately upon the release of the
   94         offender from incarceration; providing severability;
   95         providing effective dates.
   96  
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Paragraph (i) of subsection (2), paragraphs (a),
  100  (e), (g), (i), and (j) of subsection (6), paragraph (a) of
  101  subsection (8), and paragraph (a) of subsection (10) of section
  102  775.21, Florida Statutes, are amended to read:
  103         775.21 The Florida Sexual Predators Act.—
  104         (2) DEFINITIONS.—As used in this section, the term:
  105         (i) “Internet identifier Instant message name” means all
  106  electronic mail, chat, instant messenger, social networking, or
  107  similar names used for Internet communication, but does not
  108  include a date of birth, social security number, or personal
  109  identification number (PIN) an identifier that allows a person
  110  to communicate in real time with another person using the
  111  Internet. Voluntary disclosure by the sexual predator of his or
  112  her date of birth, social security number, or personal
  113  identification number (PIN) as an Internet identifier waives the
  114  disclosure exemption in this paragraph for such personal
  115  information.
  116         (6) REGISTRATION.—
  117         (a) A sexual predator must register with the department
  118  through the sheriff’s office by providing the following
  119  information to the department:
  120         1. Name; social security number; age; race; sex; date of
  121  birth; height; weight; hair and eye color; photograph; address
  122  of legal residence and address of any current temporary
  123  residence, within the state or out of state, including a rural
  124  route address and a post office box; if no permanent or
  125  temporary address, any transient residence within the state;
  126  address, location or description, and dates of any current or
  127  known future temporary residence within the state or out of
  128  state; all any electronic mail addresses address and all
  129  Internet identifiers any instant message name required to be
  130  provided pursuant to subparagraph (g)4.; all home telephone
  131  numbers number and any cellular telephone numbers number; date
  132  and place of any employment; date and place of each conviction;
  133  fingerprints; and a brief description of the crime or crimes
  134  committed by the offender. A post office box shall not be
  135  provided in lieu of a physical residential address. The sexual
  136  predator must also produce or provide information about his or
  137  her passport, if he or she has a passport, and, if he or she is
  138  an alien, must produce or provide information about documents
  139  establishing his or her immigration status.
  140         a. If the sexual predator’s place of residence is a motor
  141  vehicle, trailer, mobile home, or manufactured home, as defined
  142  in chapter 320, the sexual predator shall also provide to the
  143  department written notice of the vehicle identification number;
  144  the license tag number; the registration number; and a
  145  description, including color scheme, of the motor vehicle,
  146  trailer, mobile home, or manufactured home. If a sexual
  147  predator’s place of residence is a vessel, live-aboard vessel,
  148  or houseboat, as defined in chapter 327, the sexual predator
  149  shall also provide to the department written notice of the hull
  150  identification number; the manufacturer’s serial number; the
  151  name of the vessel, live-aboard vessel, or houseboat; the
  152  registration number; and a description, including color scheme,
  153  of the vessel, live-aboard vessel, or houseboat.
  154         b. If the sexual predator is enrolled, employed, or
  155  carrying on a vocation at an institution of higher education in
  156  this state, the sexual predator shall also provide to the
  157  department the name, address, and county of each institution,
  158  including each campus attended, and the sexual predator’s
  159  enrollment or employment status. Each change in enrollment or
  160  employment status shall be reported in person at the sheriff’s
  161  office, or the Department of Corrections if the sexual predator
  162  is in the custody or control of or under the supervision of the
  163  Department of Corrections, within 48 hours after any change in
  164  status. The sheriff or the Department of Corrections shall
  165  promptly notify each institution of the sexual predator’s
  166  presence and any change in the sexual predator’s enrollment or
  167  employment status.
  168         2. Any other information determined necessary by the
  169  department, including criminal and corrections records;
  170  nonprivileged personnel and treatment records; and evidentiary
  171  genetic markers when available.
  172         (e)1. If the sexual predator is not in the custody or
  173  control of, or under the supervision of, the Department of
  174  Corrections or is not in the custody of a private correctional
  175  facility, the sexual predator shall register in person:
  176         a. At the sheriff’s office in the county where he or she
  177  establishes or maintains a residence within 48 hours after
  178  establishing or maintaining a residence in this state; and
  179         b. At the sheriff’s office in the county where he or she
  180  was designated a sexual predator by the court within 48 hours
  181  after such finding is made.
  182         2. Any change in the sexual predator’s permanent or
  183  temporary residence, name, or all any electronic mail addresses
  184  address and all Internet identifiers any instant message name
  185  required to be provided pursuant to subparagraph (g)4., after
  186  the sexual predator registers in person at the sheriff’s office
  187  as provided in subparagraph 1., shall be accomplished in the
  188  manner provided in paragraphs (g), (i), and (j). When a sexual
  189  predator registers with the sheriff’s office, the sheriff shall
  190  take a photograph and a set of fingerprints of the predator and
  191  forward the photographs and fingerprints to the department,
  192  along with the information that the predator is required to
  193  provide pursuant to this section.
  194         (g)1. Each time a sexual predator’s driver driver’s license
  195  or identification card is subject to renewal, and, without
  196  regard to the status of the predator’s driver driver’s license
  197  or identification card, within 48 hours after any change of the
  198  predator’s residence or change in the predator’s name by reason
  199  of marriage or other legal process, the predator shall report in
  200  person to a driver driver’s license office and shall be subject
  201  to the requirements specified in paragraph (f). The Department
  202  of Highway Safety and Motor Vehicles shall forward to the
  203  department and to the Department of Corrections all photographs
  204  and information provided by sexual predators. Notwithstanding
  205  the restrictions set forth in s. 322.142, the Department of
  206  Highway Safety and Motor Vehicles is authorized to release a
  207  reproduction of a color-photograph or digital-image license to
  208  the Department of Law Enforcement for purposes of public
  209  notification of sexual predators as provided in this section. A
  210  sexual predator who is unable to secure or update a driver
  211  license or identification card with the Department of Highway
  212  Safety and Motor Vehicles as provided in paragraph (f) and this
  213  paragraph must also report any change of the predator’s
  214  residence or change in the predator’s name by reason of marriage
  215  or other legal process within 48 hours after the change to the
  216  sheriff’s office in the county where the predator resides or is
  217  located and provide confirmation that he or she reported such
  218  information to the Department of Highway Safety and Motor
  219  Vehicles.
  220         2. A sexual predator who vacates a permanent, temporary, or
  221  transient residence and fails to establish or maintain another
  222  permanent, temporary, or transient residence shall, within 48
  223  hours after vacating the permanent, temporary, or transient
  224  residence, report in person to the sheriff’s office of the
  225  county in which he or she is located. The sexual predator shall
  226  specify the date upon which he or she intends to or did vacate
  227  such residence. If the sexual predator is released from custody
  228  in a homeless or transient status, he or she must report in
  229  person to the sheriff’s office in the county in which he or she
  230  is located within 24 hours. The sexual predator must provide or
  231  update all of the registration information required under
  232  paragraph (a). The sexual predator must provide an address for
  233  the residence or other place that he or she is or will be
  234  located during the time in which he or she fails to establish or
  235  maintain a permanent or temporary residence.
  236         3. A sexual predator who remains at a permanent, temporary,
  237  or transient residence after reporting his or her intent to
  238  vacate such residence shall, within 48 hours after the date upon
  239  which the predator indicated he or she would or did vacate such
  240  residence, report in person to the sheriff’s office to which he
  241  or she reported pursuant to subparagraph 2. for the purpose of
  242  reporting his or her address at such residence. When the sheriff
  243  receives the report, the sheriff shall promptly convey the
  244  information to the department. An offender who makes a report as
  245  required under subparagraph 2. but fails to make a report as
  246  required under this subparagraph commits a felony of the second
  247  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  248  775.084.
  249         4. A sexual predator must register all any electronic mail
  250  addresses and Internet identifiers address or instant message
  251  name with the department prior to using such electronic mail
  252  addresses and Internet identifiers address or instant message
  253  name on or after October 1, 2007. The department shall establish
  254  an online system through which sexual predators may securely
  255  access and update all electronic mail address and Internet
  256  identifier instant message name information.
  257         (i) A sexual predator who intends to establish a permanent,
  258  temporary, or transient residence in another state or
  259  jurisdiction other than the State of Florida shall report in
  260  person to the sheriff of the county of current residence within
  261  48 hours before the date he or she intends to leave this state
  262  to establish residence in another state or jurisdiction or
  263  within 21 days before his or her planned departure date if the
  264  intended residence of 7 days or more is outside of the United
  265  States. The sexual predator must provide to the sheriff the
  266  address, municipality, county, and state, and country of
  267  intended residence. The sheriff shall promptly provide to the
  268  department the information received from the sexual predator.
  269  The department shall notify the statewide law enforcement
  270  agency, or a comparable agency, in the intended state, or
  271  jurisdiction, or country of residence of the sexual predator’s
  272  intended residence. The failure of a sexual predator to provide
  273  his or her intended place of residence is punishable as provided
  274  in subsection (10).
  275         (j) A sexual predator who indicates his or her intent to
  276  establish a permanent, temporary, or transient residence in
  277  another state, a or jurisdiction other than the State of
  278  Florida, or another country and later decides to remain in this
  279  state shall, within 48 hours after the date upon which the
  280  sexual predator indicated he or she would leave this state,
  281  report in person to the sheriff to which the sexual predator
  282  reported the intended change of residence, and report his or her
  283  intent to remain in this state. If the sheriff is notified by
  284  the sexual predator that he or she intends to remain in this
  285  state, the sheriff shall promptly report this information to the
  286  department. A sexual predator who reports his or her intent to
  287  establish a permanent, temporary, or transient residence in
  288  another state, a or jurisdiction other than the State of
  289  Florida, or another country, but who remains in this state
  290  without reporting to the sheriff in the manner required by this
  291  paragraph, commits a felony of the second degree, punishable as
  292  provided in s. 775.082, s. 775.083, or s. 775.084.
  293         (8) VERIFICATION.—The department and the Department of
  294  Corrections shall implement a system for verifying the addresses
  295  of sexual predators. The system must be consistent with the
  296  provisions of the federal Adam Walsh Child Protection and Safety
  297  Act of 2006 and any other federal standards applicable to such
  298  verification or required to be met as a condition for the
  299  receipt of federal funds by the state. The Department of
  300  Corrections shall verify the addresses of sexual predators who
  301  are not incarcerated but who reside in the community under the
  302  supervision of the Department of Corrections and shall report to
  303  the department any failure by a sexual predator to comply with
  304  registration requirements. County and local law enforcement
  305  agencies, in conjunction with the department, shall verify the
  306  addresses of sexual predators who are not under the care,
  307  custody, control, or supervision of the Department of
  308  Corrections. Local law enforcement agencies shall report to the
  309  department any failure by a sexual predator to comply with
  310  registration requirements.
  311         (a) A sexual predator must report in person each year
  312  during the month of the sexual predator’s birthday and during
  313  every third month thereafter to the sheriff’s office in the
  314  county in which he or she resides or is otherwise located to
  315  reregister. The sheriff’s office may determine the appropriate
  316  times and days for reporting by the sexual predator, which shall
  317  be consistent with the reporting requirements of this paragraph.
  318  Reregistration shall include any changes to the following
  319  information:
  320         1. Name; social security number; age; race; sex; date of
  321  birth; height; weight; hair and eye color; address of any
  322  permanent residence and address of any current temporary
  323  residence, within the state or out of state, including a rural
  324  route address and a post office box; if no permanent or
  325  temporary address, any transient residence within the state;
  326  address, location or description, and dates of any current or
  327  known future temporary residence within the state or out of
  328  state; all any electronic mail addresses address and all
  329  Internet identifiers any instant message name required to be
  330  provided pursuant to subparagraph (6)(g)4.; all home telephone
  331  numbers number and any cellular telephone numbers number; date
  332  and place of any employment; vehicle make, model, color, and
  333  license tag number; fingerprints; and photograph. A post office
  334  box shall not be provided in lieu of a physical residential
  335  address. The sexual predator must also produce or provide
  336  information about his or her passport, if he or she has a
  337  passport, and, if he or she is an alien, must produce or provide
  338  information about documents establishing his or her immigration
  339  status.
  340         2. If the sexual predator is enrolled, employed, or
  341  carrying on a vocation at an institution of higher education in
  342  this state, the sexual predator shall also provide to the
  343  department the name, address, and county of each institution,
  344  including each campus attended, and the sexual predator’s
  345  enrollment or employment status.
  346         3. If the sexual predator’s place of residence is a motor
  347  vehicle, trailer, mobile home, or manufactured home, as defined
  348  in chapter 320, the sexual predator shall also provide the
  349  vehicle identification number; the license tag number; the
  350  registration number; and a description, including color scheme,
  351  of the motor vehicle, trailer, mobile home, or manufactured
  352  home. If the sexual predator’s place of residence is a vessel,
  353  live-aboard vessel, or houseboat, as defined in chapter 327, the
  354  sexual predator shall also provide the hull identification
  355  number; the manufacturer’s serial number; the name of the
  356  vessel, live-aboard vessel, or houseboat; the registration
  357  number; and a description, including color scheme, of the
  358  vessel, live-aboard vessel, or houseboat.
  359         (10) PENALTIES.—
  360         (a) Except as otherwise specifically provided, a sexual
  361  predator who fails to register; who fails, after registration,
  362  to maintain, acquire, or renew a driver driver’s license or
  363  identification card; who fails to provide required location
  364  information, electronic mail address information, Internet
  365  identifier instant message name information, all home telephone
  366  numbers number and any cellular telephone numbers number, or
  367  change-of-name information; who fails to make a required report
  368  in connection with vacating a permanent residence; who fails to
  369  reregister as required; who fails to respond to any address
  370  verification correspondence from the department within 3 weeks
  371  of the date of the correspondence; or who otherwise fails, by
  372  act or omission, to comply with the requirements of this
  373  section, commits a felony of the third degree, punishable as
  374  provided in s. 775.082, s. 775.083, or s. 775.084.
  375         Section 2. Paragraphs (a) and (g) of subsection (1),
  376  subsection (2), paragraphs (a) and (d) of subsection (4),
  377  subsections (7) and (8), and paragraph (c) of subsection (14) of
  378  section 943.0435, Florida Statutes, are amended to read:
  379         943.0435 Sexual offenders required to register with the
  380  department; penalty.—
  381         (1) As used in this section, the term:
  382         (a)1. “Sexual offender” means a person who meets the
  383  criteria in sub-subparagraph a., sub-subparagraph b., sub
  384  subparagraph c., or sub-subparagraph d., as follows:
  385         a.(I) Has been convicted of committing, or attempting,
  386  soliciting, or conspiring to commit, any of the criminal
  387  offenses proscribed in the following statutes in this state or
  388  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
  389  or s. 787.025(2)(c), where the victim is a minor and the
  390  defendant is not the victim’s parent or guardian; s. 794.011,
  391  excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
  392  800.04; s. 825.1025; s. 826.04 where the victim is a minor and
  393  the defendant is 18 years of age or older; s. 827.071; s.
  394  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
  395  847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
  396  committed in this state which has been redesignated from a
  397  former statute number to one of those listed in this sub-sub
  398  subparagraph; and
  399         (II) Has been released on or after October 1, 1997, from
  400  the sanction imposed for any conviction of an offense described
  401  in sub-sub-subparagraph (I). For purposes of sub-sub
  402  subparagraph (I), a sanction imposed in this state or in any
  403  other jurisdiction includes, but is not limited to, a fine,
  404  probation, community control, parole, conditional release,
  405  control release, or incarceration in a state prison, federal
  406  prison, private correctional facility, or local detention
  407  facility;
  408         b. Establishes or maintains a residence in this state and
  409  who has not been designated as a sexual predator by a court of
  410  this state but who has been designated as a sexual predator, as
  411  a sexually violent predator, or by another sexual offender
  412  designation in another state or jurisdiction and was, as a
  413  result of such designation, subjected to registration or
  414  community or public notification, or both, or would be if the
  415  person were a resident of that state or jurisdiction, without
  416  regard to whether the person otherwise meets the criteria for
  417  registration as a sexual offender;
  418         c. Establishes or maintains a residence in this state who
  419  is in the custody or control of, or under the supervision of,
  420  any other state or jurisdiction as a result of a conviction for
  421  committing, or attempting, soliciting, or conspiring to commit,
  422  any of the criminal offenses proscribed in the following
  423  statutes or similar offense in another jurisdiction: s. 787.01,
  424  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  425  the defendant is not the victim’s parent or guardian; s.
  426  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
  427  796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
  428  minor and the defendant is 18 years of age or older; s. 827.071;
  429  s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
  430  s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
  431  offense committed in this state which has been redesignated from
  432  a former statute number to one of those listed in this sub
  433  subparagraph; or
  434         d. On or after July 1, 2007, has been adjudicated
  435  delinquent for committing, or attempting, soliciting, or
  436  conspiring to commit, any of the criminal offenses proscribed in
  437  the following statutes in this state or similar offenses in
  438  another jurisdiction when the juvenile was 14 years of age or
  439  older at the time of the offense:
  440         (I) Section 794.011, excluding s. 794.011(10);
  441         (II) Section 800.04(4)(b) where the victim is under 12
  442  years of age or where the court finds sexual activity by the use
  443  of force or coercion;
  444         (III) Section 800.04(5)(c)1. where the court finds
  445  molestation involving unclothed genitals; or
  446         (IV) Section 800.04(5)(d) where the court finds the use of
  447  force or coercion and unclothed genitals.
  448         2. For all qualifying offenses listed in sub-subparagraph
  449  (1)(a)1.d., the court shall make a written finding of the age of
  450  the offender at the time of the offense.
  451  
  452  For each violation of a qualifying offense listed in this
  453  subsection, the court shall make a written finding of the age of
  454  the victim at the time of the offense. For a violation of s.
  455  800.04(4), the court shall additionally make a written finding
  456  indicating that the offense did or did not involve sexual
  457  activity and indicating that the offense did or did not involve
  458  force or coercion. For a violation of s. 800.04(5), the court
  459  shall additionally make a written finding that the offense did
  460  or did not involve unclothed genitals or genital area and that
  461  the offense did or did not involve the use of force or coercion.
  462         (g) “Internet identifier Instant message namehas the same
  463  meaning as provided in s. 775.21 means an identifier that allows
  464  a person to communicate in real time with another person using
  465  the Internet.
  466         (2) A sexual offender shall:
  467         (a) Report in person at the sheriff’s office:
  468         1. In the county in which the offender establishes or
  469  maintains a permanent, temporary, or transient residence within
  470  48 hours after:
  471         a. Establishing permanent, temporary, or transient
  472  residence in this state; or
  473         b. Being released from the custody, control, or supervision
  474  of the Department of Corrections or from the custody of a
  475  private correctional facility; or
  476         2. In the county where he or she was convicted within 48
  477  hours after being convicted for a qualifying offense for
  478  registration under this section if the offender is not in the
  479  custody or control of, or under the supervision of, the
  480  Department of Corrections, or is not in the custody of a private
  481  correctional facility.
  482  
  483  Any change in the information required to be provided pursuant
  484  to paragraph (b), including, but not limited to, any change in
  485  the sexual offender’s permanent, temporary, or transient
  486  residence, name, all any electronic mail addresses address and
  487  all Internet identifiers any instant message name required to be
  488  provided pursuant to paragraph (4)(d), after the sexual offender
  489  reports in person at the sheriff’s office, shall be accomplished
  490  in the manner provided in subsections (4), (7), and (8).
  491         (b) Provide his or her name; date of birth; social security
  492  number; race; sex; height; weight; hair and eye color; tattoos
  493  or other identifying marks; occupation and place of employment;
  494  address of permanent or legal residence or address of any
  495  current temporary residence, within the state or out of state,
  496  including a rural route address and a post office box; if no
  497  permanent or temporary address, any transient residence within
  498  the state, address, location or description, and dates of any
  499  current or known future temporary residence within the state or
  500  out of state; all home telephone numbers number and any cellular
  501  telephone numbers number; all any electronic mail addresses
  502  address and all Internet identifiers any instant message name
  503  required to be provided pursuant to paragraph (4)(d); date and
  504  place of each conviction; and a brief description of the crime
  505  or crimes committed by the offender. A post office box shall not
  506  be provided in lieu of a physical residential address. The
  507  sexual offender must also produce or provide information about
  508  his or her passport, if he or she has a passport, and, if he or
  509  she is an alien, must produce or provide information about
  510  documents establishing his or her immigration status.
  511         1. If the sexual offender’s place of residence is a motor
  512  vehicle, trailer, mobile home, or manufactured home, as defined
  513  in chapter 320, the sexual offender shall also provide to the
  514  department through the sheriff’s office written notice of the
  515  vehicle identification number; the license tag number; the
  516  registration number; and a description, including color scheme,
  517  of the motor vehicle, trailer, mobile home, or manufactured
  518  home. If the sexual offender’s place of residence is a vessel,
  519  live-aboard vessel, or houseboat, as defined in chapter 327, the
  520  sexual offender shall also provide to the department written
  521  notice of the hull identification number; the manufacturer’s
  522  serial number; the name of the vessel, live-aboard vessel, or
  523  houseboat; the registration number; and a description, including
  524  color scheme, of the vessel, live-aboard vessel, or houseboat.
  525         2. If the sexual offender is enrolled, employed, or
  526  carrying on a vocation at an institution of higher education in
  527  this state, the sexual offender shall also provide to the
  528  department through the sheriff’s office the name, address, and
  529  county of each institution, including each campus attended, and
  530  the sexual offender’s enrollment or employment status. Each
  531  change in enrollment or employment status shall be reported in
  532  person at the sheriff’s office, within 48 hours after any change
  533  in status. The sheriff shall promptly notify each institution of
  534  the sexual offender’s presence and any change in the sexual
  535  offender’s enrollment or employment status.
  536  
  537  When a sexual offender reports at the sheriff’s office, the
  538  sheriff shall take a photograph and a set of fingerprints of the
  539  offender and forward the photographs and fingerprints to the
  540  department, along with the information provided by the sexual
  541  offender. The sheriff shall promptly provide to the department
  542  the information received from the sexual offender.
  543         (4)(a) Each time a sexual offender’s driver driver’s
  544  license or identification card is subject to renewal, and,
  545  without regard to the status of the offender’s driver driver’s
  546  license or identification card, within 48 hours after any change
  547  in the offender’s permanent, temporary, or transient residence
  548  or change in the offender’s name by reason of marriage or other
  549  legal process, the offender shall report in person to a driver
  550  driver’s license office, and shall be subject to the
  551  requirements specified in subsection (3). The Department of
  552  Highway Safety and Motor Vehicles shall forward to the
  553  department all photographs and information provided by sexual
  554  offenders. Notwithstanding the restrictions set forth in s.
  555  322.142, the Department of Highway Safety and Motor Vehicles is
  556  authorized to release a reproduction of a color-photograph or
  557  digital-image license to the Department of Law Enforcement for
  558  purposes of public notification of sexual offenders as provided
  559  in this section and ss. 943.043 and 944.606. A sexual offender
  560  who is unable to secure or update a driver license or
  561  identification card with the Department of Highway Safety and
  562  Motor Vehicles as provided in subsection (3) and this subsection
  563  must also report any change in the sexual offender’s permanent,
  564  temporary, or transient residence or change in the offender’s
  565  name by reason of marriage or other legal process within 48
  566  hours after the change to the sheriff’s office in the county
  567  where the offender resides or is located and provide
  568  confirmation that he or she reported such information to
  569  Department of Highway Safety and Motor Vehicles.
  570         (d) A sexual offender must register all any electronic mail
  571  addresses and Internet identifiers address or instant message
  572  name with the department prior to using such electronic mail
  573  addresses and Internet identifiers address or instant message
  574  name on or after October 1, 2007. The department shall establish
  575  an online system through which sexual offenders may securely
  576  access and update all electronic mail address and Internet
  577  identifier instant message name information.
  578         (7) A sexual offender who intends to establish a permanent,
  579  temporary, or transient residence in another state or
  580  jurisdiction other than the State of Florida shall report in
  581  person to the sheriff of the county of current residence within
  582  48 hours before the date he or she intends to leave this state
  583  to establish residence in another state or jurisdiction or
  584  within 21 days before his or her planned departure date if the
  585  intended residence of 7 days or more is outside of the United
  586  States. The notification must include the address, municipality,
  587  county, and state, and country of intended residence. The
  588  sheriff shall promptly provide to the department the information
  589  received from the sexual offender. The department shall notify
  590  the statewide law enforcement agency, or a comparable agency, in
  591  the intended state, or jurisdiction, or country of residence of
  592  the sexual offender’s intended residence. The failure of a
  593  sexual offender to provide his or her intended place of
  594  residence is punishable as provided in subsection (9).
  595         (8) A sexual offender who indicates his or her intent to
  596  establish a permanent, temporary, or transient residence in
  597  another state, a or jurisdiction other than the State of
  598  Florida, or another country and later decides to remain in this
  599  state shall, within 48 hours after the date upon which the
  600  sexual offender indicated he or she would leave this state,
  601  report in person to the sheriff to which the sexual offender
  602  reported the intended change of permanent, temporary, or
  603  transient residence, and report his or her intent to remain in
  604  this state. The sheriff shall promptly report this information
  605  to the department. A sexual offender who reports his or her
  606  intent to establish a permanent, temporary, or transient
  607  residence in another state, a or jurisdiction other than the
  608  State of Florida, or another country but who remains in this
  609  state without reporting to the sheriff in the manner required by
  610  this subsection commits a felony of the second degree,
  611  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  612         (14)
  613         (c) The sheriff’s office may determine the appropriate
  614  times and days for reporting by the sexual offender, which shall
  615  be consistent with the reporting requirements of this
  616  subsection. Reregistration shall include any changes to the
  617  following information:
  618         1. Name; social security number; age; race; sex; date of
  619  birth; height; weight; hair and eye color; address of any
  620  permanent residence and address of any current temporary
  621  residence, within the state or out of state, including a rural
  622  route address and a post office box; if no permanent or
  623  temporary address, any transient residence within the state;
  624  address, location or description, and dates of any current or
  625  known future temporary residence within the state or out of
  626  state; all any electronic mail addresses address and all
  627  Internet identifiers any instant message name required to be
  628  provided pursuant to paragraph (4)(d); all home telephone
  629  numbers number and all any cellular telephone numbers number;
  630  date and place of any employment; vehicle make, model, color,
  631  and license tag number; fingerprints; and photograph. A post
  632  office box shall not be provided in lieu of a physical
  633  residential address. The sexual offender must also produce or
  634  provide information about his or her passport, if he or she has
  635  a passport, and, if he or she is an alien, must produce or
  636  provide information about documents establishing his or her
  637  immigration status.
  638         2. If the sexual offender is enrolled, employed, or
  639  carrying on a vocation at an institution of higher education in
  640  this state, the sexual offender shall also provide to the
  641  department the name, address, and county of each institution,
  642  including each campus attended, and the sexual offender’s
  643  enrollment or employment status.
  644         3. If the sexual offender’s place of residence is a motor
  645  vehicle, trailer, mobile home, or manufactured home, as defined
  646  in chapter 320, the sexual offender shall also provide the
  647  vehicle identification number; the license tag number; the
  648  registration number; and a description, including color scheme,
  649  of the motor vehicle, trailer, mobile home, or manufactured
  650  home. If the sexual offender’s place of residence is a vessel,
  651  live-aboard vessel, or houseboat, as defined in chapter 327, the
  652  sexual offender shall also provide the hull identification
  653  number; the manufacturer’s serial number; the name of the
  654  vessel, live-aboard vessel, or houseboat; the registration
  655  number; and a description, including color scheme, of the
  656  vessel, live-aboard vessel or houseboat.
  657         4. Any sexual offender who fails to report in person as
  658  required at the sheriff’s office, or who fails to respond to any
  659  address verification correspondence from the department within 3
  660  weeks of the date of the correspondence or who fails to report
  661  all electronic mail addresses and all Internet identifiers or
  662  instant message names, commits a felony of the third degree,
  663  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  664         Section 3. Section 943.04351, Florida Statutes, is amended
  665  to read:
  666         943.04351 Search of registration information regarding
  667  sexual predators and sexual offenders required prior to
  668  appointment or employment.—A state agency or governmental
  669  subdivision, prior to making any decision to appoint or employ a
  670  person to work, whether for compensation or as a volunteer, at
  671  any park, playground, day care center, or other place where
  672  children regularly congregate, must conduct a search of that
  673  person’s name or other identifying information against the
  674  registration information regarding sexual predators and sexual
  675  offenders maintained by the Department of Law Enforcement under
  676  s. 943.043. The agency or governmental subdivision may conduct
  677  the search using the Internet site maintained by the Department
  678  of Law Enforcement. Also, a national search must be conducted
  679  through the Dru Sjodin National Sex Offender Public Website
  680  maintained by the United States Department of Justice. This
  681  section does not apply to those positions or appointments within
  682  a state agency or governmental subdivision for which a state and
  683  national criminal history background check is conducted.
  684         Section 4. Section 943.04354, Florida Statutes, is amended
  685  to read:
  686         943.04354 Removal of the requirement to register as a
  687  sexual offender or sexual predator in special circumstances.—
  688         (1) For purposes of this section, a person shall be
  689  considered for removal of the requirement to register as a
  690  sexual offender or sexual predator only if the person:
  691         (a) Was or will be convicted or adjudicated delinquent of a
  692  violation of s. 794.011, s. 800.04, s. 827.071, or s.
  693  847.0135(5) or the person committed a violation of s. 794.011,
  694  s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
  695  of guilt was or will be withheld, and the person does not have
  696  any other conviction, adjudication of delinquency, or withhold
  697  of adjudication of guilt for a violation of s. 794.011, s.
  698  800.04, s. 827.071, or s. 847.0135(5);
  699         (b) Is required to register as a sexual offender or sexual
  700  predator solely on the basis of this violation; and
  701         (c) Is not more than 4 years older than the victim of this
  702  violation who was 13 14 years of age or older but not more than
  703  18 17 years of age at the time the person committed this
  704  violation.
  705         (2) If a person meets the criteria in subsection (1) and
  706  the violation of s. 794.011, s. 800.04, s. 827.071, or s.
  707  847.0135(5) was committed on or after July 1, 2007, the person
  708  may move the court that will sentence or dispose of this
  709  violation to remove the requirement that the person register as
  710  a sexual offender or sexual predator. The person must allege in
  711  the motion that he or she meets the criteria in subsection (1)
  712  and that removal of the registration requirement will not
  713  conflict with federal law. The state attorney must be given
  714  notice of the motion at least 21 days before the date of
  715  sentencing or disposition of this violation and may present
  716  evidence in opposition to the requested relief or may otherwise
  717  demonstrate why the motion should be denied. At sentencing or
  718  disposition of this violation, the court shall rule on this
  719  motion and, if the court determines the person meets the
  720  criteria in subsection (1) and the removal of the registration
  721  requirement will not conflict with federal law, it may grant the
  722  motion and order the removal of the registration requirement. If
  723  the court denies the motion, the person is not authorized under
  724  this section to petition for removal of the registration
  725  requirement.
  726         (3)(a) This subsection applies to a person who:
  727         1. Is not a person described in subsection (2) because the
  728  violation of s. 794.011, s. 800.04, or s. 827.071 was not
  729  committed on or after July 1, 2007;
  730         1.2. Is subject to registration as a sexual offender or
  731  sexual predator for a violation of s. 794.011, s. 800.04, or s.
  732  827.071; and
  733         2.3. Meets the criteria in subsection (1).
  734         (b) A person may petition the court in which the sentence
  735  or disposition for the violation of s. 794.011, s. 800.04, or s.
  736  827.071 occurred for removal of the requirement to register as a
  737  sexual offender or sexual predator. The person must allege in
  738  the petition that he or she meets the criteria in subsection (1)
  739  and removal of the registration requirement will not conflict
  740  with federal law. The state attorney must be given notice of the
  741  petition at least 21 days before the hearing on the petition and
  742  may present evidence in opposition to the requested relief or
  743  may otherwise demonstrate why the petition should be denied. The
  744  court shall rule on the petition and, if the court determines
  745  the person meets the criteria in subsection (1) and removal of
  746  the registration requirement will not conflict with federal law,
  747  it may grant the petition and order the removal of the
  748  registration requirement. If the court denies the petition, the
  749  person is not authorized under this section to file any further
  750  petition for removal of the registration requirement.
  751         (4) If a person provides to the Department of Law
  752  Enforcement a certified copy of the court’s order removing the
  753  requirement that the person register as a sexual offender or
  754  sexual predator for the violation of s. 794.011, s. 800.04, s.
  755  827.071, or s. 847.0135(5), the registration requirement will
  756  not apply to the person and the department shall remove all
  757  information about the person from the public registry of sexual
  758  offenders and sexual predators maintained by the department.
  759  However, the removal of this information from the public
  760  registry does not mean that the public is denied access to
  761  information about the person’s criminal history or record that
  762  is otherwise available as a public record.
  763         Section 5. Subsection (2) and paragraph (a) of subsection
  764  (3) of section 943.0437, Florida Statutes, are amended to read:
  765         943.0437 Commercial social networking websites.—
  766         (2) The department may provide information relating to
  767  electronic mail addresses and Internet identifiers instant
  768  message names maintained as part of the sexual offender registry
  769  to commercial social networking websites or third parties
  770  designated by commercial social networking websites. The
  771  commercial social networking website may use this information
  772  for the purpose of comparing registered users and screening
  773  potential users of the commercial social networking website
  774  against the list of electronic mail addresses and Internet
  775  identifiers instant message names provided by the department.
  776         (3) This section shall not be construed to impose any civil
  777  liability on a commercial social networking website for:
  778         (a) Any action voluntarily taken in good faith to remove or
  779  disable any profile of a registered user associated with an
  780  electronic mail address or Internet identifier instant message
  781  name contained in the sexual offender registry.
  782         Section 6. Paragraphs (b) and (d) of subsection (1) and
  783  paragraph (a) of subsection (3) of section 944.606, Florida
  784  Statutes, are amended to read:
  785         944.606 Sexual offenders; notification upon release.—
  786         (1) As used in this section:
  787         (b) “Sexual offender” means a person who has been convicted
  788  of committing, or attempting, soliciting, or conspiring to
  789  commit, any of the criminal offenses proscribed in the following
  790  statutes in this state or similar offenses in another
  791  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  792  the victim is a minor and the defendant is not the victim’s
  793  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  794  794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 826.04
  795  where the victim is a minor and the defendant is 18 years of age
  796  or older; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  797  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
  798  985.701(1); or any similar offense committed in this state which
  799  has been redesignated from a former statute number to one of
  800  those listed in this subsection, when the department has
  801  received verified information regarding such conviction; an
  802  offender’s computerized criminal history record is not, in and
  803  of itself, verified information.
  804         (d) “Internet identifier Instant message namehas the same
  805  meaning as provided in s. 775.21 means an identifier that allows
  806  a person to communicate in real time with another person using
  807  the Internet.
  808         (3)(a) The department must provide information regarding
  809  any sexual offender who is being released after serving a period
  810  of incarceration for any offense, as follows:
  811         1. The department must provide: the sexual offender’s name,
  812  any change in the offender’s name by reason of marriage or other
  813  legal process, and any alias, if known; the correctional
  814  facility from which the sexual offender is released; the sexual
  815  offender’s social security number, race, sex, date of birth,
  816  height, weight, and hair and eye color; address of any planned
  817  permanent residence or temporary residence, within the state or
  818  out of state, including a rural route address and a post office
  819  box; if no permanent or temporary address, any transient
  820  residence within the state; address, location or description,
  821  and dates of any known future temporary residence within the
  822  state or out of state; date and county of sentence and each
  823  crime for which the offender was sentenced; a copy of the
  824  offender’s fingerprints and a digitized photograph taken within
  825  60 days before release; the date of release of the sexual
  826  offender; all any electronic mail addresses address and all
  827  Internet identifiers any instant message name required to be
  828  provided pursuant to s. 943.0435(4)(d); all and home telephone
  829  numbers number and any cellular telephone numbers; and passport
  830  information, if he or she has a passport, and, if he or she is
  831  an alien, information about documents establishing his or her
  832  immigration status number. The department shall notify the
  833  Department of Law Enforcement if the sexual offender escapes,
  834  absconds, or dies. If the sexual offender is in the custody of a
  835  private correctional facility, the facility shall take the
  836  digitized photograph of the sexual offender within 60 days
  837  before the sexual offender’s release and provide this photograph
  838  to the Department of Corrections and also place it in the sexual
  839  offender’s file. If the sexual offender is in the custody of a
  840  local jail, the custodian of the local jail shall register the
  841  offender within 3 business days after intake of the offender for
  842  any reason and upon release, and shall notify the Department of
  843  Law Enforcement of the sexual offender’s release and provide to
  844  the Department of Law Enforcement the information specified in
  845  this paragraph and any information specified in subparagraph 2.
  846  that the Department of Law Enforcement requests.
  847         2. The department may provide any other information deemed
  848  necessary, including criminal and corrections records,
  849  nonprivileged personnel and treatment records, when available.
  850         Section 7. Paragraphs (a) and (f) of subsection (1),
  851  paragraph (a) of subsection (4), paragraph (b) of subsection
  852  (6), and paragraph (c) of subsection (13) of section 944.607,
  853  Florida Statutes, are amended to read:
  854         944.607 Notification to Department of Law Enforcement of
  855  information on sexual offenders.—
  856         (1) As used in this section, the term:
  857         (a) “Sexual offender” means a person who is in the custody
  858  or control of, or under the supervision of, the department or is
  859  in the custody of a private correctional facility:
  860         1. On or after October 1, 1997, as a result of a conviction
  861  for committing, or attempting, soliciting, or conspiring to
  862  commit, any of the criminal offenses proscribed in the following
  863  statutes in this state or similar offenses in another
  864  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  865  the victim is a minor and the defendant is not the victim’s
  866  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  867  794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 826.04
  868  where the victim is a minor and the defendant is 18 years of age
  869  or older; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  870  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
  871  985.701(1); or any similar offense committed in this state which
  872  has been redesignated from a former statute number to one of
  873  those listed in this paragraph; or
  874         2. Who establishes or maintains a residence in this state
  875  and who has not been designated as a sexual predator by a court
  876  of this state but who has been designated as a sexual predator,
  877  as a sexually violent predator, or by another sexual offender
  878  designation in another state or jurisdiction and was, as a
  879  result of such designation, subjected to registration or
  880  community or public notification, or both, or would be if the
  881  person were a resident of that state or jurisdiction, without
  882  regard as to whether the person otherwise meets the criteria for
  883  registration as a sexual offender.
  884         (f) “Internet identifier Instant message namehas the same
  885  meaning as provided in s. 775.21 means an identifier that allows
  886  a person to communicate in real time with another person using
  887  the Internet.
  888         (4) A sexual offender, as described in this section, who is
  889  under the supervision of the Department of Corrections but is
  890  not incarcerated must register with the Department of
  891  Corrections within 3 business days after sentencing for a
  892  registrable offense and otherwise provide information as
  893  required by this subsection.
  894         (a) The sexual offender shall provide his or her name; date
  895  of birth; social security number; race; sex; height; weight;
  896  hair and eye color; tattoos or other identifying marks; all any
  897  electronic mail addresses address and all Internet identifiers
  898  any instant message name required to be provided pursuant to s.
  899  943.0435(4)(d); permanent or legal residence and address of
  900  temporary residence within the state or out of state while the
  901  sexual offender is under supervision in this state, including
  902  any rural route address or post office box; if no permanent or
  903  temporary address, any transient residence within the state; and
  904  address, location or description, and dates of any current or
  905  known future temporary residence within the state or out of
  906  state. The sexual offender must also produce or provide
  907  information about his or her passport, if he or she has a
  908  passport, and, if he or she is an alien, must produce or provide
  909  information about documents establishing his or her immigration
  910  status. The Department of Corrections shall verify the address
  911  of each sexual offender in the manner described in ss. 775.21
  912  and 943.0435. The department shall report to the Department of
  913  Law Enforcement any failure by a sexual predator or sexual
  914  offender to comply with registration requirements.
  915         (6) The information provided to the Department of Law
  916  Enforcement must include:
  917         (b) The sexual offender’s most current address, place of
  918  permanent, temporary, or transient residence within the state or
  919  out of state, and address, location or description, and dates of
  920  any current or known future temporary residence within the state
  921  or out of state, while the sexual offender is under supervision
  922  in this state, including the name of the county or municipality
  923  in which the offender permanently or temporarily resides, or has
  924  a transient residence, and address, location or description, and
  925  dates of any current or known future temporary residence within
  926  the state or out of state, and, if known, the intended place of
  927  permanent, temporary, or transient residence, and address,
  928  location or description, and dates of any current or known
  929  future temporary residence within the state or out of state upon
  930  satisfaction of all sanctions. The sexual offender must also
  931  produce or provide information about his or her passport, if he
  932  or she has a passport, and, if he or she is an alien, must
  933  produce or provide information about documents establishing his
  934  or her immigration status;
  935  
  936  If any information provided by the department changes during the
  937  time the sexual offender is under the department’s control,
  938  custody, or supervision, including any change in the offender’s
  939  name by reason of marriage or other legal process, the
  940  department shall, in a timely manner, update the information and
  941  provide it to the Department of Law Enforcement in the manner
  942  prescribed in subsection (2).
  943         (13)
  944         (c) The sheriff’s office may determine the appropriate
  945  times and days for reporting by the sexual offender, which shall
  946  be consistent with the reporting requirements of this
  947  subsection. Reregistration shall include any changes to the
  948  following information:
  949         1. Name; social security number; age; race; sex; date of
  950  birth; height; weight; hair and eye color; address of any
  951  permanent residence and address of any current temporary
  952  residence, within the state or out of state, including a rural
  953  route address and a post office box; if no permanent or
  954  temporary address, any transient residence; address, location or
  955  description, and dates of any current or known future temporary
  956  residence within the state or out of state; all any electronic
  957  mail addresses address and all Internet identifiers any instant
  958  message name required to be provided pursuant to s.
  959  943.0435(4)(d); date and place of any employment; vehicle make,
  960  model, color, and license tag number; fingerprints; and
  961  photograph. A post office box shall not be provided in lieu of a
  962  physical residential address. The sexual offender must also
  963  produce or provide information about his or her passport, if he
  964  or she has a passport, and, if he or she is an alien, must
  965  produce or provide information about documents establishing his
  966  or her immigration status.
  967         2. If the sexual offender is enrolled, employed, or
  968  carrying on a vocation at an institution of higher education in
  969  this state, the sexual offender shall also provide to the
  970  department the name, address, and county of each institution,
  971  including each campus attended, and the sexual offender’s
  972  enrollment or employment status.
  973         3. If the sexual offender’s place of residence is a motor
  974  vehicle, trailer, mobile home, or manufactured home, as defined
  975  in chapter 320, the sexual offender shall also provide the
  976  vehicle identification number; the license tag number; the
  977  registration number; and a description, including color scheme,
  978  of the motor vehicle, trailer, mobile home, or manufactured
  979  home. If the sexual offender’s place of residence is a vessel,
  980  live-aboard vessel, or houseboat, as defined in chapter 327, the
  981  sexual offender shall also provide the hull identification
  982  number; the manufacturer’s serial number; the name of the
  983  vessel, live-aboard vessel, or houseboat; the registration
  984  number; and a description, including color scheme, of the
  985  vessel, live-aboard vessel or houseboat.
  986         4. Any sexual offender who fails to report in person as
  987  required at the sheriff’s office, or who fails to respond to any
  988  address verification correspondence from the department within 3
  989  weeks of the date of the correspondence, or who fails to report
  990  all electronic mail addresses and all Internet identifiers or
  991  instant message names, commits a felony of the third degree,
  992  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  993         Section 8. Subsection (11) of section 947.005, Florida
  994  Statutes, is amended to read:
  995         947.005 Definitions.—As used in this chapter, unless the
  996  context clearly indicates otherwise:
  997         (11) “Risk assessment” means an assessment completed by a
  998  an independent qualified practitioner to evaluate the level of
  999  risk associated when a sex offender has contact with a child.
 1000         Section 9. Subsection (13) is added to section 947.1405,
 1001  Florida Statutes, to read:
 1002         947.1405 Conditional release program.—
 1003         (13) In addition to all other conditions imposed, for a
 1004  releasee who is subject to conditional release for a crime that
 1005  was committed on or after July 1, 2012, and who has been
 1006  convicted at any time of a violation of s. 800.04(7)(b) or s.
 1007  847.0135, or a similar offense in another jurisdiction, the
 1008  commission must order electronic monitoring for the duration of
 1009  the releasee’s supervision.
 1010         Section 10. Subsection (3) of section 948.30, Florida
 1011  Statutes, is amended, and subsection (5) is added to that
 1012  section, to read:
 1013         948.30 Additional terms and conditions of probation or
 1014  community control for certain sex offenses.—Conditions imposed
 1015  pursuant to this section do not require oral pronouncement at
 1016  the time of sentencing and shall be considered standard
 1017  conditions of probation or community control for offenders
 1018  specified in this section.
 1019         (3) Effective for a probationer or community controllee
 1020  whose crime was committed on or after September 1, 2005, and
 1021  who:
 1022         (a) Is placed on probation or community control for a
 1023  violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
 1024  or s. 847.0145 and the unlawful sexual activity involved a
 1025  victim 15 years of age or younger and the offender is 18 years
 1026  of age or older;
 1027         (b) Is designated a sexual predator pursuant to s. 775.21
 1028  or a similar designation in another jurisdiction; or
 1029         (c) Has previously been convicted of a violation of chapter
 1030  794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 or a
 1031  similar offense in another jurisdiction and the unlawful sexual
 1032  activity involved a victim 15 years of age or younger and the
 1033  offender is 18 years of age or older,
 1034  
 1035  the court must order, in addition to any other provision of this
 1036  section, mandatory electronic monitoring as a condition of the
 1037  probation or community control supervision.
 1038         (5) Effective for a probationer or community controllee
 1039  whose crime was committed on or after July 1, 2012, and who:
 1040         (a)1. Is placed on probation or community control for a
 1041  violation of s. 800.04(7)(b) or s. 847.0135; or
 1042         2. Has previously been convicted of a violation of s.
 1043  800.04(7)(b) or s. 847.0135, or a similar offense in another
 1044  jurisdiction,
 1045  
 1046  the court must order, in addition to any other requirements of
 1047  this section, mandatory electronic monitoring as a condition of
 1048  the probation or community control supervision.
 1049         (b) Is placed on probation or community control for a
 1050  violation of s. 847.0135(3) or (4), the court shall subject the
 1051  probationer or community controllee to the requirements of
 1052  subsections (1) and (2).
 1053         Section 11. Section 948.31, Florida Statutes, is amended to
 1054  read:
 1055         948.31 Evaluation and treatment of sexual predators and
 1056  offenders on probation or community control.—Conditions imposed
 1057  pursuant to this section do not require oral pronouncement at
 1058  the time of sentencing and shall be considered standard
 1059  conditions of probation or community control for offenders
 1060  specified in this section.
 1061         (1) The court shall require an evaluation by a qualified
 1062  practitioner to determine the need of a probationer or community
 1063  controllee for treatment. If the court determines that a need
 1064  therefor is established by the evaluation process, the court
 1065  shall require sexual offender treatment as a term or condition
 1066  of probation or community control for any person who is required
 1067  to register as a sexual predator under s. 775.21 or sexual
 1068  offender under s. 943.0435, s. 944.606, or s. 944.607 to
 1069  determine the need of the probationer or community controllee
 1070  for sex offender treatment while on probation or community
 1071  control. The evaluation and recommendations for any treatment of
 1072  the probationer or community controllee shall be provided to the
 1073  court for review. Such treatment shall be required to be
 1074  obtained from a qualified practitioner as defined in s. 948.001.
 1075         (2) If the court determines that a need for treatment is
 1076  established by the evaluation process, the treatment must be
 1077  obtained from a qualified practitioner. The community controllee
 1078  or probationer must actively participate in and successfully
 1079  complete any recommended treatment. The court shall also require
 1080  the community controllee or probationer to comply with the
 1081  treatment program rules, which can include, but are not limited
 1082  to, a safety plan and polygraph examinations for treatment
 1083  purposes.
 1084         (3) The court may, when it is recommended by a qualified
 1085  practitioner or the supervising probation officer, also restrict
 1086  the probationer or community controllee from having unsupervised
 1087  contact with a minor or prohibit him or her from residing with a
 1088  minor.
 1089         (4) Treatment may not be administered by a qualified
 1090  practitioner who has been convicted or adjudicated delinquent of
 1091  committing, or attempting, soliciting, or conspiring to commit,
 1092  any offense that is listed in s. 943.0435(1)(a)1.a.(I). The
 1093  court shall impose a restriction against contact with minors if
 1094  sexual offender treatment is recommended. The evaluation and
 1095  recommendations for treatment of the probationer or community
 1096  controllee shall be provided to the court for review.
 1097         Section 12. Paragraph (a) of subsection (3) of section
 1098  985.481, Florida Statutes, is amended to read:
 1099         985.481 Sexual offenders adjudicated delinquent;
 1100  notification upon release.—
 1101         (3)(a) The department must provide information regarding
 1102  any sexual offender who is being released after serving a period
 1103  of residential commitment under the department for any offense,
 1104  as follows:
 1105         1. The department must provide the sexual offender’s name,
 1106  any change in the offender’s name by reason of marriage or other
 1107  legal process, and any alias, if known; the correctional
 1108  facility from which the sexual offender is released; the sexual
 1109  offender’s social security number, race, sex, date of birth,
 1110  height, weight, and hair and eye color; address of any planned
 1111  permanent residence or temporary residence, within the state or
 1112  out of state, including a rural route address and a post office
 1113  box; if no permanent or temporary address, any transient
 1114  residence within the state; address, location or description,
 1115  and dates of any known future temporary residence within the
 1116  state or out of state; date and county of disposition and each
 1117  crime for which there was a disposition; a copy of the
 1118  offender’s fingerprints and a digitized photograph taken within
 1119  60 days before release; the date of release of the sexual
 1120  offender; all and home telephone numbers number and any cellular
 1121  telephone numbers; and passport information, if he or she has a
 1122  passport, and, if he or she is an alien, information about
 1123  documents establishing his or her immigration status number. The
 1124  department shall notify the Department of Law Enforcement if the
 1125  sexual offender escapes, absconds, or dies. If the sexual
 1126  offender is in the custody of a private correctional facility,
 1127  the facility shall take the digitized photograph of the sexual
 1128  offender within 60 days before the sexual offender’s release and
 1129  also place it in the sexual offender’s file. If the sexual
 1130  offender is in the custody of a local jail, the custodian of the
 1131  local jail shall register the offender within 3 business days
 1132  after intake of the offender for any reason and upon release,
 1133  and shall notify the Department of Law Enforcement of the sexual
 1134  offender’s release and provide to the Department of Law
 1135  Enforcement the information specified in this subparagraph and
 1136  any information specified in subparagraph 2. which the
 1137  Department of Law Enforcement requests.
 1138         2. The department may provide any other information
 1139  considered necessary, including criminal and delinquency
 1140  records, when available.
 1141         Section 13. Paragraph (a) of subsection (4), paragraph (a)
 1142  of subsection (6), and paragraph (b) of subsection (13) of
 1143  section 985.4815, Florida Statutes, are amended to read:
 1144         985.4815 Notification to Department of Law Enforcement of
 1145  information on juvenile sexual offenders.—
 1146         (4) A sexual offender, as described in this section, who is
 1147  under the supervision of the department but who is not committed
 1148  must register with the department within 3 business days after
 1149  adjudication and disposition for a registrable offense and
 1150  otherwise provide information as required by this subsection.
 1151         (a) The sexual offender shall provide his or her name; date
 1152  of birth; social security number; race; sex; height; weight;
 1153  hair and eye color; tattoos or other identifying marks;
 1154  permanent or legal residence and address of temporary residence
 1155  within the state or out of state while the sexual offender is in
 1156  the care or custody or under the jurisdiction or supervision of
 1157  the department in this state, including any rural route address
 1158  or post office box; if no permanent or temporary address, any
 1159  transient residence; address, location or description, and dates
 1160  of any current or known future temporary residence within the
 1161  state or out of state; passport information, if he or she has a
 1162  passport, and, if he or she is an alien, information about
 1163  documents establishing his or her immigration status; and the
 1164  name and address of each school attended. The department shall
 1165  verify the address of each sexual offender and shall report to
 1166  the Department of Law Enforcement any failure by a sexual
 1167  offender to comply with registration requirements.
 1168         (6)(a) The information provided to the Department of Law
 1169  Enforcement must include the following:
 1170         1. The information obtained from the sexual offender under
 1171  subsection (4).
 1172         2. The sexual offender’s most current address and place of
 1173  permanent, temporary, or transient residence within the state or
 1174  out of state, and address, location or description, and dates of
 1175  any current or known future temporary residence within the state
 1176  or out of state, while the sexual offender is in the care or
 1177  custody or under the jurisdiction or supervision of the
 1178  department in this state, including the name of the county or
 1179  municipality in which the offender permanently or temporarily
 1180  resides, or has a transient residence, and address, location or
 1181  description, and dates of any current or known future temporary
 1182  residence within the state or out of state; and, if known, the
 1183  intended place of permanent, temporary, or transient residence,
 1184  and address, location or description, and dates of any current
 1185  or known future temporary residence within the state or out of
 1186  state upon satisfaction of all sanctions. The sexual offender
 1187  must also produce or provide information about his or her
 1188  passport, if he or she has a passport, and, if he or she is an
 1189  alien, must produce or provide information about documents
 1190  establishing his or her immigration status.
 1191         3. The legal status of the sexual offender and the
 1192  scheduled termination date of that legal status.
 1193         4. The location of, and local telephone number for, any
 1194  department office that is responsible for supervising the sexual
 1195  offender.
 1196         5. An indication of whether the victim of the offense that
 1197  resulted in the offender’s status as a sexual offender was a
 1198  minor.
 1199         6. The offense or offenses at adjudication and disposition
 1200  that resulted in the determination of the offender’s status as a
 1201  sex offender.
 1202         7. A digitized photograph of the sexual offender, which
 1203  must have been taken within 60 days before the offender was
 1204  released from the custody of the department or a private
 1205  correctional facility by expiration of sentence under s.
 1206  944.275, or within 60 days after the onset of the department’s
 1207  supervision of any sexual offender who is on probation,
 1208  postcommitment probation, residential commitment, nonresidential
 1209  commitment, licensed child-caring commitment, community control,
 1210  conditional release, parole, provisional release, or control
 1211  release or who is supervised by the department under the
 1212  Interstate Compact Agreement for Probationers and Parolees. If
 1213  the sexual offender is in the custody of a private correctional
 1214  facility, the facility shall take a digitized photograph of the
 1215  sexual offender within the time period provided in this
 1216  subparagraph and shall provide the photograph to the department.
 1217         (13)
 1218         (b) The sheriff’s office may determine the appropriate
 1219  times and days for reporting by the sexual offender, which shall
 1220  be consistent with the reporting requirements of this
 1221  subsection. Reregistration shall include any changes to the
 1222  following information:
 1223         1. Name; social security number; age; race; sex; date of
 1224  birth; height; weight; hair and eye color; address of any
 1225  permanent residence and address of any current temporary
 1226  residence, within the state or out of state, including a rural
 1227  route address and a post office box; if no permanent or
 1228  temporary address, any transient residence; address, location or
 1229  description, and dates of any current or known future temporary
 1230  residence within the state or out of state; passport
 1231  information, if he or she has a passport, and, if he or she is
 1232  an alien, information about documents establishing his or her
 1233  immigration status; name and address of each school attended;
 1234  date and place of any employment; vehicle make, model, color,
 1235  and license tag number; fingerprints; and photograph. A post
 1236  office box shall not be provided in lieu of a physical
 1237  residential address.
 1238         2. If the sexual offender is enrolled, employed, or
 1239  carrying on a vocation at an institution of higher education in
 1240  this state, the sexual offender shall also provide to the
 1241  department the name, address, and county of each institution,
 1242  including each campus attended, and the sexual offender’s
 1243  enrollment or employment status.
 1244         3. If the sexual offender’s place of residence is a motor
 1245  vehicle, trailer, mobile home, or manufactured home, as defined
 1246  in chapter 320, the sexual offender shall also provide the
 1247  vehicle identification number; the license tag number; the
 1248  registration number; and a description, including color scheme,
 1249  of the motor vehicle, trailer, mobile home, or manufactured
 1250  home. If the sexual offender’s place of residence is a vessel,
 1251  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1252  sexual offender shall also provide the hull identification
 1253  number; the manufacturer’s serial number; the name of the
 1254  vessel, live-aboard vessel, or houseboat; the registration
 1255  number; and a description, including color scheme, of the
 1256  vessel, live-aboard vessel, or houseboat.
 1257         4. Any sexual offender who fails to report in person as
 1258  required at the sheriff’s office, or who fails to respond to any
 1259  address verification correspondence from the department within 3
 1260  weeks after the date of the correspondence, commits a felony of
 1261  the third degree, punishable as provided in ss. 775.082,
 1262  775.083, and 775.084.
 1263         Section 14. Effective July 1, 2012, paragraphs (m) and (n)
 1264  are added to subsection (2) of section 903.046, Florida
 1265  Statutes, to read:
 1266         903.046 Purpose of and criteria for bail determination.—
 1267         (2) When determining whether to release a defendant on bail
 1268  or other conditions, and what that bail or those conditions may
 1269  be, the court shall consider:
 1270         (m) Whether the defendant, other than a defendant whose
 1271  only criminal charge is a misdemeanor offense under chapter 316,
 1272  is required to register as a sexual offender under s. 943.0435;
 1273  and, if so, he or she is not eligible for release on bail or
 1274  surety bond until the first appearance on the case in order to
 1275  ensure the full participation of the prosecutor and the
 1276  protection of the public.
 1277         (n) Whether the defendant, other than a defendant whose
 1278  only criminal charge is a misdemeanor offense under chapter 316,
 1279  is required to register as a sexual predator under s. 775.21;
 1280  and, if so, he or she is not eligible for release on bail or
 1281  surety bond until the first appearance on the case in order to
 1282  ensure the full participation of the prosecutor and the
 1283  protection of the public.
 1284         Section 15. Subsection (1) of section 948.012, Florida
 1285  Statutes, is amended to read:
 1286         948.012 Split sentence of probation or community control
 1287  and imprisonment.—
 1288         (1) Whenever punishment by imprisonment for a misdemeanor
 1289  or a felony, except for a capital felony, is prescribed, the
 1290  court, in its discretion, may, at the time of sentencing, impose
 1291  a split sentence whereby the defendant is to be placed on
 1292  probation or, with respect to any such felony, into community
 1293  control upon completion of any specified period of such sentence
 1294  which may include a term of years or less. In such case, the
 1295  court shall stay and withhold the imposition of the remainder of
 1296  sentence imposed upon the defendant and direct that the
 1297  defendant be placed upon probation or into community control
 1298  after serving such period as may be imposed by the court. The
 1299  period of probation or community control shall commence
 1300  immediately upon the release of the defendant from
 1301  incarceration, whether by parole or gain-time allowances.
 1302         Section 16. Section 948.039, Florida Statutes, is amended
 1303  to read:
 1304         948.039 Special terms and conditions of probation or
 1305  community control imposed by court order.—The court may
 1306  determine any special terms and conditions of probation or
 1307  community control. The terms and conditions should be reasonably
 1308  related to the circumstances of the offense committed and
 1309  appropriate for the offender. The court shall impose the special
 1310  terms and conditions by oral pronouncement at sentencing and
 1311  include the terms and conditions in the written sentencing
 1312  order. The probation or community control period shall commence
 1313  immediately upon the release of the offender from incarceration.
 1314  Special terms and conditions may include, but are not limited
 1315  to, requirements that the offender:
 1316         (1) Attend an HIV/AIDS awareness program consisting of a
 1317  class of not less than 2 hours or more than 4 hours in length,
 1318  if such a program is available in the county of the offender’s
 1319  residence. The offender shall pay the cost of attending the
 1320  program.
 1321         (2) Pay not more than $1 per month during the term of
 1322  probation or community control to a nonprofit organization
 1323  established for the sole purpose of supplementing the
 1324  rehabilitative efforts of the Department of Corrections.
 1325         Section 17. If any provision of this act or its application
 1326  to any person or circumstance is held invalid, the invalidity
 1327  does not affect other provisions or applications of the act
 1328  which can be given effect without the invalid provision or
 1329  application, and to this end the provisions of this act are
 1330  declared severable.
 1331         Section 18. Except as otherwise expressly provided in this
 1332  act and except for this section, which shall take effect upon
 1333  this act becoming a law, this act shall take effect April 30,
 1334  2013.