Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 1301
       
       
       
       
       
       
                                Ì429994aÎ429994                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .            Floor: C            
             03/08/2018 03:24 PM       .      03/09/2018 10:14 PM       
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       Senator Book moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 76 - 169
    4  and insert:
    5  does not impose a prison sentence, the court shall impose a
    6  mandatory minimum term of community control, as defined in s.
    7  948.001, as follows:
    8         1.For a first offense, a mandatory minimum term of 6
    9  months with electronic monitoring.
   10         2.For a second offense, a mandatory minimum term of 1 year
   11  with electronic monitoring.
   12         3.For a third or subsequent offense, a mandatory minimum
   13  term of 2 years with electronic monitoring.
   14         (d)(c) Any person who misuses public records information
   15  relating to a sexual predator, as defined in this section, or a
   16  sexual offender, as defined in s. 943.0435 or s. 944.607, to
   17  secure a payment from such a predator or offender; who knowingly
   18  distributes or publishes false information relating to such a
   19  predator or offender which the person misrepresents as being
   20  public records information; or who materially alters public
   21  records information with the intent to misrepresent the
   22  information, including documents, summaries of public records
   23  information provided by law enforcement agencies, or public
   24  records information displayed by law enforcement agencies on
   25  websites or provided through other means of communication,
   26  commits a misdemeanor of the first degree, punishable as
   27  provided in s. 775.082 or s. 775.083.
   28         (e)(d) A sexual predator who commits any act or omission in
   29  violation of this section may be prosecuted for the act or
   30  omission in the county in which the act or omission was
   31  committed, in the county of the last registered address of the
   32  sexual predator, in the county in which the conviction occurred
   33  for the offense or offenses that meet the criteria for
   34  designating a person as a sexual predator, in the county where
   35  the sexual predator was released from incarceration, or in the
   36  county of the intended address of the sexual predator as
   37  reported by the predator prior to his or her release from
   38  incarceration. In addition, a sexual predator may be prosecuted
   39  for any such act or omission in the county in which he or she
   40  was designated a sexual predator.
   41         (f)(e) An arrest on charges of failure to register, the
   42  service of an information or a complaint for a violation of this
   43  section, or an arraignment on charges for a violation of this
   44  section constitutes actual notice of the duty to register when
   45  the predator has been provided and advised of his or her
   46  statutory obligation to register under subsection (6). A sexual
   47  predator’s failure to immediately register as required by this
   48  section following such arrest, service, or arraignment
   49  constitutes grounds for a subsequent charge of failure to
   50  register. A sexual predator charged with the crime of failure to
   51  register who asserts, or intends to assert, a lack of notice of
   52  the duty to register as a defense to a charge of failure to
   53  register shall immediately register as required by this section.
   54  A sexual predator who is charged with a subsequent failure to
   55  register may not assert the defense of a lack of notice of the
   56  duty to register.
   57         (f) Registration following such arrest, service, or
   58  arraignment is not a defense and does not relieve the sexual
   59  predator of criminal liability for the failure to register.
   60         (g) Any person who has reason to believe that a sexual
   61  predator is not complying, or has not complied, with the
   62  requirements of this section and who, with the intent to assist
   63  the sexual predator in eluding a law enforcement agency that is
   64  seeking to find the sexual predator to question the sexual
   65  predator about, or to arrest the sexual predator for, his or her
   66  noncompliance with the requirements of this section:
   67         1. Withholds information from, or does not notify, the law
   68  enforcement agency about the sexual predator’s noncompliance
   69  with the requirements of this section, and, if known, the
   70  whereabouts of the sexual predator;
   71         2. Harbors, or attempts to harbor, or assists another
   72  person in harboring or attempting to harbor, the sexual
   73  predator;
   74         3. Conceals or attempts to conceal, or assists another
   75  person in concealing or attempting to conceal, the sexual
   76  predator; or
   77         4. Provides information to the law enforcement agency
   78  regarding the sexual predator which the person knows to be false
   79  information,
   80  
   81  commits a felony of the third degree, punishable as provided in
   82  s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
   83  apply if the sexual predator is incarcerated in or is in the
   84  custody of a state correctional facility, a private correctional
   85  facility, a local jail, or a federal correctional facility.
   86         Section 2. Subsection (9) of section 943.0435, Florida
   87  Statutes, is amended to read:
   88         943.0435 Sexual offenders required to register with the
   89  department; penalty.—
   90         (9)(a) A sexual offender who does not comply with the
   91  requirements of this section commits a felony of the third
   92  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   93  775.084.
   94         (b)For a felony violation of this section, excluding
   95  subsection (13), committed on or after July 1, 2018, if the
   96  court does not impose a prison sentence, the court shall impose
   97  a mandatory minimum term of community control, as defined in s.
   98  948.001, as follows: