HB 731

1
A bill to be entitled
2An act relating to residency restrictions for persons
3convicted of certain sex offenses and required to
4register as a sexual offender or sexual predator;
5creating s. 775.2155, F.S.; defining the terms
6"convicted," "permanently reside," and "unrelated
7child"; prohibiting a person who is required to
8register as a sexual offender or sexual predator and
9who has been convicted of committing certain specified
10offenses in which the victim of the offense was
11younger than 12 years of age from permanently residing
12with an unrelated child; providing that a person who
13resides with such a child in violation of the act
14commits a felony of the third degree or a misdemeanor
15of the first degree, depending upon the classification
16of the underlying felony conviction; providing for the
17applicability of the act; amending ss. 775.21,
18943.0435, and 944.607, F.S.; requiring a sexual
19predator or sexual offender subject to the act to
20report to the sheriff's office, the Department of Law
21Enforcement, or the Department of Corrections, as
22appropriate, the name and age of any child permanently
23residing with the predator or offender; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Section 775.2155, Florida Statutes, is created
29to read:
30     775.2155  Residency restriction for persons convicted of
31certain sex offenses and required to register as a sexual
32offender or sexual predator; application date.-
33     (1)  As used in this section, the term:
34     (a)  "Convicted" has the same meaning as provided in s.
35943.0435.
36     (b)  "Permanently reside" means to dwell or reside in a
37place for 5 or more consecutive days.
38     (c)  "Unrelated child" means a child younger than 12 years
39of age who is not related by blood to the offender within the
40third degree of consanguinity and is not a stepchild of the
41offender.
42     (2)(a)  A person who has been convicted of a violation of
43s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
44847.0145 in which the victim of the offense was younger than 12
45years of age, and who is required to register as a sexual
46offender or a sexual predator, may not permanently reside with
47an unrelated child.
48     (b)  A person who violates this subsection whose conviction
49under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
50847.0145 was classified as a felony of the first degree or
51higher and who is required to register as a sexual offender or a
52sexual predator commits a felony of the third degree, punishable
53as provided in s. 775.082 or s. 775.083. A person who violates
54this subsection whose conviction under s. 794.011, s. 800.04, s.
55827.071, s. 847.0135(5), or s. 847.0145 was classified as a
56felony of the second or third degree and who is required to
57register as a sexual offender or a sexual predator commits a
58misdemeanor of the first degree, punishable as provided in s.
59775.082 or s. 775.083.
60     (c)  This subsection applies to a person convicted of a
61violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),
62or s. 847.0145 for an offense that occurs on or after October 1,
632012, and who is required to register as a sexual offender or a
64sexual predator on or after October 1, 2012.
65     Section 2.  Paragraph (a) of subsection (6) of section
66775.21, Florida Statutes, is amended to read:
67     775.21  The Florida Sexual Predators Act.-
68     (6)  REGISTRATION.-
69     (a)  A sexual predator must register with the department
70through the sheriff's office by providing the following
71information to the department:
72     1.  Name; social security number; age; race; sex; date of
73birth; height; weight; hair and eye color; photograph; the name
74and age of any child permanently residing with the sexual
75predator; address of legal residence and address of any current
76temporary residence, within the state or out of state, including
77a rural route address and a post office box; if no permanent or
78temporary address, any transient residence within the state;
79address, location or description, and dates of any current or
80known future temporary residence within the state or out of
81state; any electronic mail address and any instant message name
82required to be provided pursuant to subparagraph (g)4.; home
83telephone number and any cellular telephone number; date and
84place of any employment; date and place of each conviction;
85fingerprints; and a brief description of the crime or crimes
86committed by the offender. A post office box may shall not be
87provided in lieu of a physical residential address.
88     a.  If the sexual predator's place of residence is a motor
89vehicle, trailer, mobile home, or manufactured home, as defined
90in chapter 320, the sexual predator shall also provide to the
91department written notice of the vehicle identification number;
92the license tag number; the registration number; and a
93description, including color scheme, of the motor vehicle,
94trailer, mobile home, or manufactured home. If a sexual
95predator's place of residence is a vessel, live-aboard vessel,
96or houseboat, as defined in chapter 327, the sexual predator
97shall also provide to the department written notice of the hull
98identification number; the manufacturer's serial number; the
99name of the vessel, live-aboard vessel, or houseboat; the
100registration number; and a description, including color scheme,
101of the vessel, live-aboard vessel, or houseboat.
102     b.  If the sexual predator is enrolled, employed, or
103carrying on a vocation at an institution of higher education in
104this state, the sexual predator shall also provide to the
105department the name, address, and county of each institution,
106including each campus attended, and the sexual predator's
107enrollment or employment status. Each change in enrollment or
108employment status shall be reported in person at the sheriff's
109office, or the Department of Corrections if the sexual predator
110is in the custody or control of or under the supervision of the
111Department of Corrections, within 48 hours after any change in
112status. The sheriff or the Department of Corrections shall
113promptly notify each institution of the sexual predator's
114presence and any change in the sexual predator's enrollment or
115employment status.
116     2.  Any other information determined necessary by the
117department, including criminal and corrections records;
118nonprivileged personnel and treatment records; and evidentiary
119genetic markers when available.
120     Section 3.  Paragraph (b) of subsection (2) of section
121943.0435, Florida Statutes, is amended to read:
122     943.0435  Sexual offenders required to register with the
123department; penalty.-
124     (2)  A sexual offender shall:
125     (b)  Provide his or her name; date of birth; social
126security number; race; sex; height; weight; hair and eye color;
127tattoos or other identifying marks; occupation and place of
128employment; the name and age of any child permanently residing
129with the sexual offender; address of permanent or legal
130residence or address of any current temporary residence, within
131the state or out of state, including a rural route address and a
132post office box; if no permanent or temporary address, any
133transient residence within the state, address, location or
134description, and dates of any current or known future temporary
135residence within the state or out of state; home telephone
136number and any cellular telephone number; any electronic mail
137address and any instant message name required to be provided
138pursuant to paragraph (4)(d); date and place of each conviction;
139and a brief description of the crime or crimes committed by the
140offender. A post office box may shall not be provided in lieu of
141a physical residential address.
142     1.  If the sexual offender's place of residence is a motor
143vehicle, trailer, mobile home, or manufactured home, as defined
144in chapter 320, the sexual offender shall also provide to the
145department through the sheriff's office written notice of the
146vehicle identification number; the license tag number; the
147registration number; and a description, including color scheme,
148of the motor vehicle, trailer, mobile home, or manufactured
149home. If the sexual offender's place of residence is a vessel,
150live-aboard vessel, or houseboat, as defined in chapter 327, the
151sexual offender shall also provide to the department written
152notice of the hull identification number; the manufacturer's
153serial number; the name of the vessel, live-aboard vessel, or
154houseboat; the registration number; and a description, including
155color scheme, of the vessel, live-aboard vessel, or houseboat.
156     2.  If the sexual offender is enrolled, employed, or
157carrying on a vocation at an institution of higher education in
158this state, the sexual offender shall also provide to the
159department through the sheriff's office the name, address, and
160county of each institution, including each campus attended, and
161the sexual offender's enrollment or employment status. Each
162change in enrollment or employment status shall be reported in
163person at the sheriff's office, within 48 hours after any change
164in status. The sheriff shall promptly notify each institution of
165the sexual offender's presence and any change in the sexual
166offender's enrollment or employment status.
167
168When a sexual offender reports at the sheriff's office, the
169sheriff shall take a photograph and a set of fingerprints of the
170offender and forward the photographs and fingerprints to the
171department, along with the information provided by the sexual
172offender. The sheriff shall promptly provide to the department
173the information received from the sexual offender.
174     Section 4.  Paragraph (a) of subsection (4) of section
175944.607, Florida Statutes, is amended to read:
176     944.607  Notification to Department of Law Enforcement of
177information on sexual offenders.-
178     (4)  A sexual offender, as described in this section, who
179is under the supervision of the Department of Corrections but is
180not incarcerated must register with the Department of
181Corrections within 3 business days after sentencing for a
182registrable offense and otherwise provide information as
183required by this subsection.
184     (a)  The sexual offender shall provide his or her name;
185date of birth; social security number; race; sex; height;
186weight; hair and eye color; tattoos or other identifying marks;
187the name and age of any child permanently residing with the
188sexual offender; any electronic mail address and any instant
189message name required to be provided pursuant to s.
190943.0435(4)(d); permanent or legal residence and address of
191temporary residence within the state or out of state while the
192sexual offender is under supervision in this state, including
193any rural route address or post office box; if no permanent or
194temporary address, any transient residence within the state; and
195address, location or description, and dates of any current or
196known future temporary residence within the state or out of
197state. The Department of Corrections shall verify the address of
198each sexual offender in the manner described in ss. 775.21 and
199943.0435. The department shall report to the Department of Law
200Enforcement any failure by a sexual predator or sexual offender
201to comply with registration requirements.
202     Section 5.  This act shall take effect October 1, 2012.


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