Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 954
       
       
       
       
       
       
                                Ì228972FÎ228972                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/11/2016           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraphs (g) through (n) of subsection
    6  (2) of section 775.21, Florida Statutes, are redesignated as
    7  paragraphs (h) through (o), respectively, a new paragraph (g) is
    8  added to that subsection, and paragraphs (a), (e), (g), (i), and
    9  (j) of subsection (6) and paragraph (a) of subsection (8) of
   10  that section are amended, to read:
   11         775.21 The Florida Sexual Predators Act.—
   12         (2) DEFINITIONS.—As used in this section, the term:
   13         (g) “Electronic reporting devicemeans a device through
   14  which a person securely reports and communicates by audio and
   15  visual means with a law enforcement agency and which:
   16         1. Is administered through an agency or through a third
   17  party monitoring system;
   18         2. Uses global positioning satellites to verify the
   19  location of the person reporting;
   20         3. Provides facial recognition;
   21         4. Records communications in high-definition audio and
   22  video;
   23         5. Is tamperproof; and
   24         6.Reports tampering attempts to the administering entity.
   25         (6) REGISTRATION.—
   26         (a) A sexual predator shall register with the department
   27  through the sheriff’s office by providing the following
   28  information to the department:
   29         1. Name; social security number; age; race; sex; date of
   30  birth; height; weight; tattoos or other identifying marks; hair
   31  and eye color; photograph; address of legal residence and
   32  address of any current temporary residence, within the state or
   33  out of state, including a rural route address and a post office
   34  box; if no permanent or temporary address, any transient
   35  residence within the state; address, location or description,
   36  and dates of any current or known future temporary residence
   37  within the state or out of state; all electronic mail addresses
   38  and all Internet identifiers required to be provided pursuant to
   39  subparagraph (g)5.; all home telephone numbers and cellular
   40  telephone numbers; date and place of any employment; the make,
   41  model, color, vehicle identification number (VIN), and license
   42  tag number of all vehicles owned; date and place of each
   43  conviction; fingerprints; palm prints; and a brief description
   44  of the crime or crimes committed by the offender. A post office
   45  box may not be provided in lieu of a physical residential
   46  address. The sexual predator shall produce his or her passport,
   47  if he or she has a passport, and, if he or she is an alien,
   48  shall produce or provide information about documents
   49  establishing his or her immigration status. The sexual predator
   50  shall also provide information about any professional licenses
   51  he or she has.
   52         a. If the sexual predator’s place of residence is a motor
   53  vehicle, trailer, mobile home, or manufactured home, as defined
   54  in chapter 320, the sexual predator shall also provide to the
   55  department written notice of the vehicle identification number;
   56  the license tag number; the registration number; and a
   57  description, including color scheme, of the motor vehicle,
   58  trailer, mobile home, or manufactured home. If a sexual
   59  predator’s place of residence is a vessel, live-aboard vessel,
   60  or houseboat, as defined in chapter 327, the sexual predator
   61  shall also provide to the department written notice of the hull
   62  identification number; the manufacturer’s serial number; the
   63  name of the vessel, live-aboard vessel, or houseboat; the
   64  registration number; and a description, including color scheme,
   65  of the vessel, live-aboard vessel, or houseboat.
   66         b. If the sexual predator is enrolled, employed,
   67  volunteering, or carrying on a vocation at an institution of
   68  higher education in this state, the sexual predator shall also
   69  provide to the department the name, address, and county of each
   70  institution, including each campus attended, and the sexual
   71  predator’s enrollment, volunteer, or employment status. Each
   72  change in enrollment, volunteer, or employment status must be
   73  reported through an electronic reporting device, in person at
   74  the sheriff’s office, or to the Department of Corrections if the
   75  sexual predator is in the custody or control of or under the
   76  supervision of the Department of Corrections, within 48 hours
   77  after any change in status. The sheriff or the Department of
   78  Corrections shall promptly notify each institution of the sexual
   79  predator’s presence and any change in the sexual predator’s
   80  enrollment, volunteer, or employment status.
   81         c. A sexual predator shall report through an electronic
   82  reporting device or in person to the sheriff’s office within 48
   83  hours after any change in vehicles owned to report those vehicle
   84  information changes.
   85         2. Any other information determined necessary by the
   86  department, including criminal and corrections records;
   87  nonprivileged personnel and treatment records; and evidentiary
   88  genetic markers when available.
   89         (e)1. If the sexual predator is not in the custody or
   90  control of, or under the supervision of, the Department of
   91  Corrections or is not in the custody of a private correctional
   92  facility, the sexual predator shall register through an
   93  electronic reporting device or in person:
   94         a. At the sheriff’s office in the county where he or she
   95  establishes or maintains a residence within 48 hours after
   96  establishing or maintaining a residence in this state; and
   97         b. At the sheriff’s office in the county where he or she
   98  was designated a sexual predator by the court within 48 hours
   99  after such finding is made.
  100         2. Any change in the sexual predator’s permanent or
  101  temporary residence, name, vehicles owned, electronic mail
  102  addresses, or Internet identifiers required to be provided
  103  pursuant to subparagraph (g)5., after the sexual predator
  104  registers through an electronic reporting device or in person at
  105  the sheriff’s office as provided in subparagraph 1., must be
  106  accomplished in the manner provided in paragraphs (g), (i), and
  107  (j). When a sexual predator registers with the sheriff’s office,
  108  the sheriff shall take a photograph, a set of fingerprints, and
  109  palm prints of the predator and forward the photographs, palm
  110  prints, and fingerprints to the department, along with the
  111  information that the predator is required to provide pursuant to
  112  this section.
  113         (g)1. Each time a sexual predator’s driver license or
  114  identification card is subject to renewal, and, without regard
  115  to the status of the predator’s driver license or identification
  116  card, within 48 hours after any change of the predator’s
  117  residence or change in the predator’s name by reason of marriage
  118  or other legal process, the predator shall report in person to a
  119  driver license office and is subject to the requirements
  120  specified in paragraph (f). The Department of Highway Safety and
  121  Motor Vehicles shall forward to the department and to the
  122  Department of Corrections all photographs and information
  123  provided by sexual predators. Notwithstanding the restrictions
  124  set forth in s. 322.142, the Department of Highway Safety and
  125  Motor Vehicles may release a reproduction of a color-photograph
  126  or digital-image license to the Department of Law Enforcement
  127  for purposes of public notification of sexual predators as
  128  provided in this section. A sexual predator who is unable to
  129  secure or update a driver license or identification card with
  130  the Department of Highway Safety and Motor Vehicles as provided
  131  in paragraph (f) and this paragraph shall also report any change
  132  of the predator’s residence or change in the predator’s name by
  133  reason of marriage or other legal process within 48 hours after
  134  the change to the sheriff’s office in the county where the
  135  predator resides or is located and provide confirmation that he
  136  or she reported such information to the Department of Highway
  137  Safety and Motor Vehicles.
  138         2.a. A sexual predator who vacates a permanent, temporary,
  139  or transient residence and fails to establish or maintain
  140  another permanent, temporary, or transient residence shall,
  141  within 48 hours after vacating the permanent, temporary, or
  142  transient residence, report through an electronic reporting
  143  device or in person to the sheriff’s office of the county in
  144  which he or she is located. The sexual predator shall specify
  145  the date upon which he or she intends to or did vacate such
  146  residence. The sexual predator shall provide or update all of
  147  the registration information required under paragraph (a). The
  148  sexual predator shall provide an address for the residence or
  149  other place that he or she is or will be located during the time
  150  in which he or she fails to establish or maintain a permanent or
  151  temporary residence.
  152         b. A sexual predator shall report through an electronic
  153  reporting device or in person at the sheriff’s office in the
  154  county in which he or she is located within 48 hours after
  155  establishing a transient residence and thereafter must report
  156  through an electronic reporting device or in person every 30
  157  days to the sheriff’s office in the county in which he or she is
  158  located while maintaining a transient residence. The sexual
  159  predator must provide the addresses and locations where he or
  160  she maintains a transient residence. Each sheriff’s office shall
  161  establish procedures for reporting transient residence
  162  information and provide notice to transient registrants to
  163  report transient residence information as required in this sub
  164  subparagraph. Reporting to the sheriff’s office as required by
  165  this sub-subparagraph does not exempt registrants from any
  166  reregistration requirement. The sheriff may coordinate and enter
  167  into agreements with police departments and other governmental
  168  entities to facilitate additional reporting sites for transient
  169  residence registration required in this sub-subparagraph. The
  170  sheriff’s office shall, within 2 business days, electronically
  171  submit and update all information provided by the sexual
  172  predator to the department.
  173         3. A sexual predator who remains at a permanent, temporary,
  174  or transient residence after reporting his or her intent to
  175  vacate such residence shall, within 48 hours after the date upon
  176  which the predator indicated he or she would or did vacate such
  177  residence, report through an electronic reporting device or in
  178  person to the sheriff’s office to which he or she reported
  179  pursuant to subparagraph 2. for the purpose of reporting his or
  180  her address at such residence. When the sheriff receives the
  181  report, the sheriff shall promptly convey the information to the
  182  department. An offender who makes a report as required under
  183  subparagraph 2. but fails to make a report as required under
  184  this subparagraph commits a felony of the second degree,
  185  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  186         4. The failure of a sexual predator who maintains a
  187  transient residence to report through an electronic reporting
  188  device or in person to the sheriff’s office every 30 days as
  189  required by sub-subparagraph 2.b. is punishable as provided in
  190  subsection (10).
  191         5. A sexual predator shall register all electronic mail
  192  addresses and Internet identifiers with the department before
  193  using such electronic mail addresses and Internet identifiers.
  194  The department shall establish an online system through which
  195  sexual predators may securely access and update all electronic
  196  mail address and Internet identifier information.
  197         (i) A sexual predator who intends to establish a permanent,
  198  temporary, or transient residence in another state or
  199  jurisdiction other than the State of Florida shall report
  200  through an electronic reporting device or in person to the
  201  sheriff of the county of current residence within 48 hours
  202  before the date he or she intends to leave this state to
  203  establish residence in another state or jurisdiction or within
  204  21 days before his or her planned departure date if the intended
  205  residence of 5 days or more is outside of the United States. The
  206  sexual predator shall provide to the sheriff the address,
  207  municipality, county, state, and country of intended residence.
  208  The sheriff shall promptly provide to the department the
  209  information received from the sexual predator. The department
  210  shall notify the statewide law enforcement agency, or a
  211  comparable agency, in the intended state, jurisdiction, or
  212  country of residence of the sexual predator’s intended
  213  residence. The failure of a sexual predator to provide his or
  214  her intended place of residence is punishable as provided in
  215  subsection (10).
  216         (j) A sexual predator who indicates his or her intent to
  217  establish a permanent, temporary, or transient residence in
  218  another state, a jurisdiction other than the State of Florida,
  219  or another country and later decides to remain in this state
  220  shall, within 48 hours after the date upon which the sexual
  221  predator indicated he or she would leave this state, report
  222  through an electronic reporting device or in person to the
  223  sheriff to which the sexual predator reported the intended
  224  change of residence, and report his or her intent to remain in
  225  this state. If the sheriff is notified by the sexual predator
  226  that he or she intends to remain in this state, the sheriff
  227  shall promptly report this information to the department. A
  228  sexual predator who reports his or her intent to establish a
  229  permanent, temporary, or transient residence in another state, a
  230  jurisdiction other than the State of Florida, or another
  231  country, but who remains in this state without reporting to the
  232  sheriff in the manner required by this paragraph, commits a
  233  felony of the second degree, punishable as provided in s.
  234  775.082, s. 775.083, or s. 775.084.
  235         (8) VERIFICATION.—The department and the Department of
  236  Corrections shall implement a system for verifying the addresses
  237  of sexual predators. The system must be consistent with the
  238  provisions of the federal Adam Walsh Child Protection and Safety
  239  Act of 2006 and any other federal standards applicable to such
  240  verification or required to be met as a condition for the
  241  receipt of federal funds by the state. The Department of
  242  Corrections shall verify the addresses of sexual predators who
  243  are not incarcerated but who reside in the community under the
  244  supervision of the Department of Corrections and shall report to
  245  the department any failure by a sexual predator to comply with
  246  registration requirements. County and local law enforcement
  247  agencies, in conjunction with the department, shall verify the
  248  addresses of sexual predators who are not under the care,
  249  custody, control, or supervision of the Department of
  250  Corrections, and may verify the addresses of sexual predators
  251  who are under the care, custody, control, or supervision of the
  252  Department of Corrections. Local law enforcement agencies shall
  253  report to the department any failure by a sexual predator to
  254  comply with registration requirements.
  255         (a) A sexual predator shall report through an electronic
  256  reporting device or in person each year during the month of the
  257  sexual predator’s birthday and during every third month
  258  thereafter to the sheriff’s office in the county in which he or
  259  she resides or is otherwise located to reregister. The sheriff’s
  260  office may determine the appropriate times and days for
  261  reporting by the sexual predator, which must be consistent with
  262  the reporting requirements of this paragraph. Reregistration
  263  must include any changes to the following information:
  264         1. Name; social security number; age; race; sex; date of
  265  birth; height; weight; tattoos or other identifying marks; hair
  266  and eye color; address of any permanent residence and address of
  267  any current temporary residence, within the state or out of
  268  state, including a rural route address and a post office box; if
  269  no permanent or temporary address, any transient residence
  270  within the state; address, location or description, and dates of
  271  any current or known future temporary residence within the state
  272  or out of state; all electronic mail addresses or Internet
  273  identifiers required to be provided pursuant to subparagraph
  274  (6)(g)5.; all home telephone numbers and cellular telephone
  275  numbers; date and place of any employment; the make, model,
  276  color, vehicle identification number (VIN), and license tag
  277  number of all vehicles owned; fingerprints; palm prints; and
  278  photograph. A post office box may not be provided in lieu of a
  279  physical residential address. The sexual predator shall also
  280  produce his or her passport, if he or she has a passport, and,
  281  if he or she is an alien, shall produce or provide information
  282  about documents establishing his or her immigration status. The
  283  sexual predator shall also provide information about any
  284  professional licenses he or she has.
  285         2. If the sexual predator is enrolled, employed,
  286  volunteering, or carrying on a vocation at an institution of
  287  higher education in this state, the sexual predator shall also
  288  provide to the department the name, address, and county of each
  289  institution, including each campus attended, and the sexual
  290  predator’s enrollment, volunteer, or employment status.
  291         3. If the sexual predator’s place of residence is a motor
  292  vehicle, trailer, mobile home, or manufactured home, as defined
  293  in chapter 320, the sexual predator shall also provide the
  294  vehicle identification number; the license tag number; the
  295  registration number; and a description, including color scheme,
  296  of the motor vehicle, trailer, mobile home, or manufactured
  297  home. If the sexual predator’s place of residence is a vessel,
  298  live-aboard vessel, or houseboat, as defined in chapter 327, the
  299  sexual predator shall also provide the hull identification
  300  number; the manufacturer’s serial number; the name of the
  301  vessel, live-aboard vessel, or houseboat; the registration
  302  number; and a description, including color scheme, of the
  303  vessel, live-aboard vessel, or houseboat.
  304         Section 2. Paragraph (i) is added to subsection (1) of
  305  section 943.0435, Florida Statutes, and paragraphs (a) and (b)
  306  of subsection (2), subsections (7) and (8), and paragraphs (a)
  307  and (c) of subsection (14) of that section are amended, to read:
  308         943.0435 Sexual offenders required to register with the
  309  department; penalty.—
  310         (1) As used in this section, the term:
  311         (i) “Electronic reporting device” has the same meaning as
  312  provided in s. 775.21.
  313         (2) A sexual offender shall:
  314         (a) Report through an electronic reporting device or in
  315  person at the sheriff’s office:
  316         1. In the county in which the offender establishes or
  317  maintains a permanent, temporary, or transient residence within
  318  48 hours after:
  319         a. Establishing permanent, temporary, or transient
  320  residence in this state; or
  321         b. Being released from the custody, control, or supervision
  322  of the Department of Corrections or from the custody of a
  323  private correctional facility; or
  324         2. In the county where he or she was convicted within 48
  325  hours after being convicted for a qualifying offense for
  326  registration under this section if the offender is not in the
  327  custody or control of, or under the supervision of, the
  328  Department of Corrections, or is not in the custody of a private
  329  correctional facility.
  330  
  331  Any change in the information required to be provided pursuant
  332  to paragraph (b), including, but not limited to, any change in
  333  the sexual offender’s permanent, temporary, or transient
  334  residence, name, electronic mail addresses, or Internet
  335  identifiers required to be provided pursuant to paragraph
  336  (4)(e), after the sexual offender reports through an electronic
  337  reporting device or in person at the sheriff’s office, must be
  338  accomplished in the manner provided in subsections (4), (7), and
  339  (8).
  340         (b) Provide his or her name; date of birth; social security
  341  number; race; sex; height; weight; hair and eye color; tattoos
  342  or other identifying marks; fingerprints; palm prints;
  343  photograph; occupation and place of employment; address of
  344  permanent or legal residence or address of any current temporary
  345  residence, within the state or out of state, including a rural
  346  route address and a post office box; if no permanent or
  347  temporary address, any transient residence within the state,
  348  address, location or description, and dates of any current or
  349  known future temporary residence within the state or out of
  350  state; the make, model, color, vehicle identification number
  351  (VIN), and license tag number of all vehicles owned; all home
  352  telephone numbers and cellular telephone numbers; all electronic
  353  mail addresses and all Internet identifiers required to be
  354  provided pursuant to paragraph (4)(e); date and place of each
  355  conviction; and a brief description of the crime or crimes
  356  committed by the offender. A post office box may not be provided
  357  in lieu of a physical residential address. The sexual offender
  358  shall also produce his or her passport, if he or she has a
  359  passport, and, if he or she is an alien, shall produce or
  360  provide information about documents establishing his or her
  361  immigration status. The sexual offender shall also provide
  362  information about any professional licenses he or she has.
  363         1. If the sexual offender’s place of residence is a motor
  364  vehicle, trailer, mobile home, or manufactured home, as defined
  365  in chapter 320, the sexual offender shall also provide to the
  366  department through the sheriff’s office written notice of the
  367  vehicle identification number; the license tag number; the
  368  registration number; and a description, including color scheme,
  369  of the motor vehicle, trailer, mobile home, or manufactured
  370  home. If the sexual offender’s place of residence is a vessel,
  371  live-aboard vessel, or houseboat, as defined in chapter 327, the
  372  sexual offender shall also provide to the department written
  373  notice of the hull identification number; the manufacturer’s
  374  serial number; the name of the vessel, live-aboard vessel, or
  375  houseboat; the registration number; and a description, including
  376  color scheme, of the vessel, live-aboard vessel, or houseboat.
  377         2. If the sexual offender is enrolled, employed,
  378  volunteering, or carrying on a vocation at an institution of
  379  higher education in this state, the sexual offender shall also
  380  provide to the department through the sheriff’s office the name,
  381  address, and county of each institution, including each campus
  382  attended, and the sexual offender’s enrollment, volunteer, or
  383  employment status. Each change in enrollment, volunteer, or
  384  employment status must be reported through an electronic
  385  reporting device or in person at the sheriff’s office, within 48
  386  hours after any change in status. The sheriff shall promptly
  387  notify each institution of the sexual offender’s presence and
  388  any change in the sexual offender’s enrollment, volunteer, or
  389  employment status.
  390         3. A sexual offender shall report through an electronic
  391  reporting device or in person to the sheriff’s office within 48
  392  hours after any change in vehicles owned to report those vehicle
  393  information changes.
  394  
  395  When a sexual offender reports at the sheriff’s office, the
  396  sheriff shall take a photograph, a set of fingerprints, and palm
  397  prints of the offender and forward the photographs, palm prints,
  398  and fingerprints to the department, along with the information
  399  provided by the sexual offender. The sheriff shall promptly
  400  provide to the department the information received from the
  401  sexual offender.
  402         (7) A sexual offender who intends to establish a permanent,
  403  temporary, or transient residence in another state or
  404  jurisdiction other than the State of Florida shall report
  405  through an electronic reporting device or in person to the
  406  sheriff of the county of current residence within 48 hours
  407  before the date he or she intends to leave this state to
  408  establish residence in another state or jurisdiction or within
  409  21 days before his or her planned departure date if the intended
  410  residence of 5 days or more is outside of the United States. The
  411  notification must include the address, municipality, county,
  412  state, and country of intended residence. The sheriff shall
  413  promptly provide to the department the information received from
  414  the sexual offender. The department shall notify the statewide
  415  law enforcement agency, or a comparable agency, in the intended
  416  state, jurisdiction, or country of residence of the sexual
  417  offender’s intended residence. The failure of a sexual offender
  418  to provide his or her intended place of residence is punishable
  419  as provided in subsection (9).
  420         (8) A sexual offender who indicates his or her intent to
  421  establish a permanent, temporary, or transient residence in
  422  another state, a jurisdiction other than the State of Florida,
  423  or another country and later decides to remain in this state
  424  shall, within 48 hours after the date upon which the sexual
  425  offender indicated he or she would leave this state, report
  426  through an electronic reporting device or in person to the
  427  sheriff to which the sexual offender reported the intended
  428  change of permanent, temporary, or transient residence, and
  429  report his or her intent to remain in this state. The sheriff
  430  shall promptly report this information to the department. A
  431  sexual offender who reports his or her intent to establish a
  432  permanent, temporary, or transient residence in another state, a
  433  jurisdiction other than the State of Florida, or another country
  434  but who remains in this state without reporting to the sheriff
  435  in the manner required by this subsection commits a felony of
  436  the second degree, punishable as provided in s. 775.082, s.
  437  775.083, or s. 775.084.
  438         (14)(a) A sexual offender must report through an electronic
  439  reporting device or in person each year during the month of the
  440  sexual offender’s birthday and during the sixth month following
  441  the sexual offender’s birth month to the sheriff’s office in the
  442  county in which he or she resides or is otherwise located to
  443  reregister.
  444         (c) The sheriff’s office may determine the appropriate
  445  times and days for reporting by the sexual offender, which must
  446  be consistent with the reporting requirements of this
  447  subsection. Reregistration must include any changes to the
  448  following information:
  449         1. Name; social security number; age; race; sex; date of
  450  birth; height; weight; tattoos or other identifying marks; hair
  451  and eye color; address of any permanent residence and address of
  452  any current temporary residence, within the state or out of
  453  state, including a rural route address and a post office box; if
  454  no permanent or temporary address, any transient residence
  455  within the state; address, location or description, and dates of
  456  any current or known future temporary residence within the state
  457  or out of state; all electronic mail addresses or Internet
  458  identifiers required to be provided pursuant to paragraph
  459  (4)(e); all home telephone numbers and cellular telephone
  460  numbers; date and place of any employment; the make, model,
  461  color, vehicle identification number (VIN), and license tag
  462  number of all vehicles owned; fingerprints; palm prints; and
  463  photograph. A post office box may not be provided in lieu of a
  464  physical residential address. The sexual offender shall also
  465  produce his or her passport, if he or she has a passport, and,
  466  if he or she is an alien, shall produce or provide information
  467  about documents establishing his or her immigration status. The
  468  sexual offender shall also provide information about any
  469  professional licenses he or she has.
  470         2. If the sexual offender is enrolled, volunteering,
  471  employed, or carrying on a vocation at an institution of higher
  472  education in this state, the sexual offender shall also provide
  473  to the department the name, address, and county of each
  474  institution, including each campus attended, and the sexual
  475  offender’s enrollment, volunteer, or employment status.
  476         3. If the sexual offender’s place of residence is a motor
  477  vehicle, trailer, mobile home, or manufactured home, as defined
  478  in chapter 320, the sexual offender shall also provide the
  479  vehicle identification number; the license tag number; the
  480  registration number; and a description, including color scheme,
  481  of the motor vehicle, trailer, mobile home, or manufactured
  482  home. If the sexual offender’s place of residence is a vessel,
  483  live-aboard vessel, or houseboat, as defined in chapter 327, the
  484  sexual offender shall also provide the hull identification
  485  number; the manufacturer’s serial number; the name of the
  486  vessel, live-aboard vessel, or houseboat; the registration
  487  number; and a description, including color scheme, of the
  488  vessel, live-aboard vessel or houseboat.
  489         4. Any sexual offender who fails to report through an
  490  electronic reporting device or in person as required at the
  491  sheriff’s office, who fails to respond to any address
  492  verification correspondence from the department within 3 weeks
  493  of the date of the correspondence, who fails to report all
  494  electronic mail addresses and all Internet identifiers prior to
  495  use, or who knowingly provides false registration information by
  496  act or omission commits a felony of the third degree, punishable
  497  as provided in s. 775.082, s. 775.083, or s. 775.084.
  498         Section 3. Paragraph (h) is added to subsection (1) of
  499  section 944.607, Florida Statutes, and paragraph (c) of
  500  subsection (4) and paragraphs (a) and (c) of subsection (13) of
  501  that section are amended, to read:
  502         944.607 Notification to Department of Law Enforcement of
  503  information on sexual offenders.—
  504         (1) As used in this section, the term:
  505         (h) “Electronic reporting device” has the same meaning as
  506  provided in s. 775.21.
  507         (4) A sexual offender, as described in this section, who is
  508  under the supervision of the Department of Corrections but is
  509  not incarcerated shall register with the Department of
  510  Corrections within 3 business days after sentencing for a
  511  registrable offense and otherwise provide information as
  512  required by this subsection.
  513         (c) A sexual offender shall report through an electronic
  514  reporting device or in person to the sheriff’s office within 48
  515  hours after any change in vehicles owned to report those vehicle
  516  information changes.
  517         (13)(a) A sexual offender must report through an electronic
  518  reporting device or in person each year during the month of the
  519  sexual offender’s birthday and during the sixth month following
  520  the sexual offender’s birth month to the sheriff’s office in the
  521  county in which he or she resides or is otherwise located to
  522  reregister.
  523         (c) The sheriff’s office may determine the appropriate
  524  times and days for reporting by the sexual offender, which must
  525  be consistent with the reporting requirements of this
  526  subsection. Reregistration must include any changes to the
  527  following information:
  528         1. Name; social security number; age; race; sex; date of
  529  birth; height; weight; tattoos or other identifying marks; hair
  530  and eye color; address of any permanent residence and address of
  531  any current temporary residence, within the state or out of
  532  state, including a rural route address and a post office box; if
  533  no permanent or temporary address, any transient residence;
  534  address, location or description, and dates of any current or
  535  known future temporary residence within the state or out of
  536  state; all electronic mail addresses and Internet identifiers
  537  required to be provided pursuant to s. 943.0435(4)(e); all home
  538  telephone numbers and cellular telephone numbers; date and place
  539  of any employment; the make, model, color, vehicle
  540  identification number (VIN), and license tag number of all
  541  vehicles owned; fingerprints; palm prints; and photograph. A
  542  post office box may not be provided in lieu of a physical
  543  residential address. The sexual offender shall also produce his
  544  or her passport, if he or she has a passport, and, if he or she
  545  is an alien, shall produce or provide information about
  546  documents establishing his or her immigration status. The sexual
  547  offender shall also provide information about any professional
  548  licenses he or she has.
  549         2. If the sexual offender is enrolled, employed,
  550  volunteering, or carrying on a vocation at an institution of
  551  higher education in this state, the sexual offender shall also
  552  provide to the department the name, address, and county of each
  553  institution, including each campus attended, and the sexual
  554  offender’s enrollment, volunteer, or employment status.
  555         3. If the sexual offender’s place of residence is a motor
  556  vehicle, trailer, mobile home, or manufactured home, as defined
  557  in chapter 320, the sexual offender shall also provide the
  558  vehicle identification number; the license tag number; the
  559  registration number; and a description, including color scheme,
  560  of the motor vehicle, trailer, mobile home, or manufactured
  561  home. If the sexual offender’s place of residence is a vessel,
  562  live-aboard vessel, or houseboat, as defined in chapter 327, the
  563  sexual offender shall also provide the hull identification
  564  number; the manufacturer’s serial number; the name of the
  565  vessel, live-aboard vessel, or houseboat; the registration
  566  number; and a description, including color scheme, of the
  567  vessel, live-aboard vessel or houseboat.
  568         4. Any sexual offender who fails to report through an
  569  electronic reporting device or in person as required at the
  570  sheriff’s office, who fails to respond to any address
  571  verification correspondence from the department within 3 weeks
  572  of the date of the correspondence, who fails to report all
  573  electronic mail addresses or Internet identifiers prior to use,
  574  or who knowingly provides false registration information by act
  575  or omission commits a felony of the third degree, punishable as
  576  provided in s. 775.082, s. 775.083, or s. 775.084.
  577         Section 4. Present paragraphs (c), (d), and (e) of
  578  subsection (1) of section 985.4815, Florida Statutes, are
  579  redesignated as paragraphs (d), (e), and (f), respectively, a
  580  new paragraph (c) is added to that subsection, and paragraph (c)
  581  of subsection (4) and paragraphs (a) and (b) of subsection (13)
  582  are amended, to read:
  583         985.4815 Notification to Department of Law Enforcement of
  584  information on juvenile sexual offenders.—
  585         (1) As used in this section, the term:
  586         (c) “Electronic reporting device” has the same meaning as
  587  provided in s. 775.21.
  588         (4) A sexual offender, as described in this section, who is
  589  under the supervision of the department but who is not committed
  590  shall register with the department within 3 business days after
  591  adjudication and disposition for a registrable offense and
  592  otherwise provide information as required by this subsection.
  593         (c) A sexual offender shall report through an electronic
  594  reporting device or in person to the sheriff’s office within 48
  595  hours after any change in vehicles owned to report those vehicle
  596  information changes.
  597         (13)(a) A sexual offender must report through an electronic
  598  reporting device or in person each year during the month of the
  599  sexual offender’s birthday and during every third month
  600  thereafter to the sheriff’s office in the county in which he or
  601  she resides or is otherwise located to reregister.
  602         (b) The sheriff’s office may determine the appropriate
  603  times and days for reporting by the sexual offender, which must
  604  be consistent with the reporting requirements of this
  605  subsection. Reregistration must include any changes to the
  606  following information:
  607         1. Name; social security number; age; race; sex; date of
  608  birth; height; weight; hair and eye color; tattoos or other
  609  identifying marks; fingerprints; palm prints; address of any
  610  permanent residence and address of any current temporary
  611  residence, within the state or out of state, including a rural
  612  route address and a post office box; if no permanent or
  613  temporary address, any transient residence; address, location or
  614  description, and dates of any current or known future temporary
  615  residence within the state or out of state; passport
  616  information, if he or she has a passport, and, if he or she is
  617  an alien, information about documents establishing his or her
  618  immigration status; all home telephone numbers and cellular
  619  telephone numbers; all Internet identifiers; name and address of
  620  each school attended; date and place of any employment; the
  621  make, model, color, vehicle identification number (VIN), and
  622  license tag number of all vehicles owned; and photograph. A post
  623  office box may not be provided in lieu of a physical residential
  624  address. The offender shall also provide information about any
  625  professional licenses he or she has.
  626         2. If the sexual offender is enrolled, employed,
  627  volunteering, or carrying on a vocation at an institution of
  628  higher education in this state, the sexual offender shall also
  629  provide to the department the name, address, and county of each
  630  institution, including each campus attended, and the sexual
  631  offender’s enrollment, volunteer, or employment status.
  632         3. If the sexual offender’s place of residence is a motor
  633  vehicle, trailer, mobile home, or manufactured home, as defined
  634  in chapter 320, the sexual offender shall also provide the
  635  vehicle identification number; the license tag number; the
  636  registration number; and a description, including color scheme,
  637  of the motor vehicle, trailer, mobile home, or manufactured
  638  home. If the sexual offender’s place of residence is a vessel,
  639  live-aboard vessel, or houseboat, as defined in chapter 327, the
  640  sexual offender shall also provide the hull identification
  641  number; the manufacturer’s serial number; the name of the
  642  vessel, live-aboard vessel, or houseboat; the registration
  643  number; and a description, including color scheme, of the
  644  vessel, live-aboard vessel, or houseboat.
  645         4. Any sexual offender who fails to report through an
  646  electronic reporting device or in person as required at the
  647  sheriff’s office, who fails to respond to any address
  648  verification correspondence from the department within 3 weeks
  649  after the date of the correspondence, or who knowingly provides
  650  false registration information by act or omission commits a
  651  felony of the third degree, punishable as provided in ss.
  652  775.082, 775.083, and 775.084.
  653         Section 5. Section 843.23, Florida Statutes, is created to
  654  read:
  655         843.23 Tampering with an electronic monitoring device.—
  656         (1) As used in this section, the term “electronic
  657  monitoring device” includes any device that is used to track the
  658  location of a person.
  659         (2) It is unlawful for a person to intentionally and
  660  without authority:
  661         (a) Remove, destroy, alter, tamper with, damage, or
  662  circumvent the operation of an electronic monitoring device that
  663  must be worn or used by that person or another person pursuant
  664  to a court order or pursuant to an order by the Florida
  665  Commission on Offender Review; or
  666         (b)Request, authorize, or solicit a person to remove,
  667  destroy, alter, tamper with, damage, or circumvent the operation
  668  of an electronic monitoring device required to be worn or used
  669  pursuant to a court order or pursuant to an order by the Florida
  670  Commission on Offender Review.
  671         (3) A person who violates this section commits a felony of
  672  the third degree, punishable as provided in s. 775.082, s.
  673  775.083, or s. 775.084.
  674         Section 6. Subsections (1) and (7) of section 948.11,
  675  Florida Statutes, are amended to read:
  676         948.11 Electronic monitoring devices.—
  677         (1) The Department of Corrections may, at its discretion,
  678  electronically monitor an offender sentenced to community
  679  control when the court has imposed electronic monitoring as a
  680  condition of community control.
  681         (7) A person who intentionally alters, tampers with,
  682  damages, or destroys any electronic monitoring equipment
  683  pursuant to court or commission order, unless such person is the
  684  owner of the equipment, or an agent of the owner, performing
  685  ordinary maintenance and repairs, commits a felony of the third
  686  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  687  775.084.
  688         Section 7. For the purpose of incorporating the amendments
  689  made by this act to sections 775.21 and 943.0435, Florida
  690  Statutes, in references thereto, paragraph (a) of subsection (4)
  691  of section 944.607, Florida Statutes, is reenacted to read:
  692         944.607 Notification to Department of Law Enforcement of
  693  information on sexual offenders.—
  694         (4) A sexual offender, as described in this section, who is
  695  under the supervision of the Department of Corrections but is
  696  not incarcerated shall register with the Department of
  697  Corrections within 3 business days after sentencing for a
  698  registrable offense and otherwise provide information as
  699  required by this subsection.
  700         (a) The sexual offender shall provide his or her name; date
  701  of birth; social security number; race; sex; height; weight;
  702  hair and eye color; tattoos or other identifying marks; all
  703  electronic mail addresses and Internet identifiers required to
  704  be provided pursuant to s. 943.0435(4)(e); all home telephone
  705  numbers and cellular telephone numbers; the make, model, color,
  706  vehicle identification number (VIN), and license tag number of
  707  all vehicles owned; permanent or legal residence and address of
  708  temporary residence within the state or out of state while the
  709  sexual offender is under supervision in this state, including
  710  any rural route address or post office box; if no permanent or
  711  temporary address, any transient residence within the state; and
  712  address, location or description, and dates of any current or
  713  known future temporary residence within the state or out of
  714  state. The sexual offender shall also produce his or her
  715  passport, if he or she has a passport, and, if he or she is an
  716  alien, shall produce or provide information about documents
  717  establishing his or her immigration status. The sexual offender
  718  shall also provide information about any professional licenses
  719  he or she has. The Department of Corrections shall verify the
  720  address of each sexual offender in the manner described in ss.
  721  775.21 and 943.0435. The department shall report to the
  722  Department of Law Enforcement any failure by a sexual predator
  723  or sexual offender to comply with registration requirements.
  724         Section 8. This act shall take effect October 1, 2016.
  725  
  726  ================= T I T L E  A M E N D M E N T ================
  727  And the title is amended as follows:
  728         Delete everything before the enacting clause
  729  and insert:
  730                        A bill to be entitled                      
  731         An act relating to electronic monitoring; amending ss.
  732         775.21, 943.0435, 944.607, and 985.4815, F.S.;
  733         defining the term “electronic reporting device”;
  734         authorizing sexual offenders and sexual predators to
  735         comply with specified mandatory reporting requirements
  736         through an electronic reporting device; creating s.
  737         843.23, F.S.; defining the term “electronic monitoring
  738         device”; prohibiting a person from removing,
  739         destroying, altering, tampering with, damaging, or
  740         circumventing the operation of an electronic
  741         monitoring device being worn or used pursuant to any
  742         court order or an order by the Florida Commission on
  743         Offender Review; prohibiting the request,
  744         authorization, or solicitation of a person to perform
  745         such an act; providing criminal penalties; amending s.
  746         948.11, F.S.; specifying that the Department of
  747         Corrections may electronically monitor an offender
  748         sentenced to community control when the court has
  749         imposed electronic monitoring as a condition of
  750         community control; deleting a provision imposing
  751         criminal penalties on persons who intentionally alter,
  752         tamper with, damage, or destroy electronic monitoring
  753         equipment; reenacting s. 944.607(4)(a), F.S., relating
  754         to notification to the Department of Law Enforcement
  755         of information on sexual offenders, to incorporate the
  756         amendments made to ss. 775.21 and 943.0435, F.S., in
  757         references thereto; providing an effective date.