Florida Senate - 2021                                     SB 162
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00068A-21                                            2021162__
    1                        A bill to be entitled                      
    2         An act relating to sexual offender registration;
    3         amending s. 943.0435, F.S.; redefining the term
    4         “sexual offender”; providing an effective date.
    5          
    6  Be It Enacted by the Legislature of the State of Florida:
    7  
    8         Section 1. Paragraph (h) of subsection (1) of section
    9  943.0435, Florida Statutes, is amended to read:
   10         943.0435 Sexual offenders required to register with the
   11  department; penalty.—
   12         (1) As used in this section, the term:
   13         (h)1. “Sexual offender” means a person who meets the
   14  criteria in sub-subparagraph a., sub-subparagraph b., sub
   15  subparagraph c., or sub-subparagraph d., as follows:
   16         a.(I) Has been convicted of committing, or attempting,
   17  soliciting, or conspiring to commit, any of the criminal
   18  offenses proscribed in the following statutes in this state or
   19  similar offenses in another jurisdiction: s. 393.135(2); s.
   20  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
   21  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
   22  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
   23  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
   24  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
   25  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
   26  s. 895.03, if the court makes a written finding that the
   27  racketeering activity involved at least one sexual offense
   28  listed in this sub-sub-subparagraph or at least one offense
   29  listed in this sub-sub-subparagraph with sexual intent or
   30  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
   31  committed in this state which has been redesignated from a
   32  former statute number to one of those listed in this sub-sub
   33  subparagraph; and
   34         (II) Has been released on or after October 1, 1997, from a
   35  the sanction imposed for any conviction of an offense described
   36  in sub-sub-subparagraph (I). For purposes of sub-sub
   37  subparagraph (I), a sanction imposed in this state or in any
   38  other jurisdiction includes, but is not limited to, a fine,
   39  probation, community control, parole, conditional release,
   40  control release, or incarceration in a state prison, federal
   41  prison, private correctional facility, or local detention
   42  facility.
   43  
   44  A sexual offender under this sub-subparagraph with any
   45  unreleased sanctions related to his or her conviction or who
   46  fails to complete a financial obligation imposed on him or her
   47  is not exempt from the registration requirement imposed by this
   48  section. As used in this sub-subparagraph, the term “financial
   49  obligation” includes a fine, a fee, or any other monetary
   50  obligation resulting from any sanction;
   51         b. Establishes or maintains a residence in this state and
   52  who has not been designated as a sexual predator by a court of
   53  this state but who has been designated as a sexual predator, as
   54  a sexually violent predator, or by another sexual offender
   55  designation in another state or jurisdiction and was, as a
   56  result of such designation, subjected to registration or
   57  community or public notification, or both, or would be if the
   58  person were a resident of that state or jurisdiction, without
   59  regard to whether the person otherwise meets the criteria for
   60  registration as a sexual offender;
   61         c. Establishes or maintains a residence in this state who
   62  is in the custody or control of, or under the supervision of,
   63  any other state or jurisdiction as a result of a conviction for
   64  committing, or attempting, soliciting, or conspiring to commit,
   65  any of the criminal offenses proscribed in the following
   66  statutes or similar offense in another jurisdiction: s.
   67  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
   68  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
   69  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
   70  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
   71  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
   72  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
   73  s. 847.0145; s. 895.03, if the court makes a written finding
   74  that the racketeering activity involved at least one sexual
   75  offense listed in this sub-subparagraph or at least one offense
   76  listed in this sub-subparagraph with sexual intent or motive; s.
   77  916.1075(2); or s. 985.701(1); or any similar offense committed
   78  in this state which has been redesignated from a former statute
   79  number to one of those listed in this sub-subparagraph; or
   80         d. On or after July 1, 2007, has been adjudicated
   81  delinquent for committing, or attempting, soliciting, or
   82  conspiring to commit, any of the criminal offenses proscribed in
   83  the following statutes in this state or similar offenses in
   84  another jurisdiction when the juvenile was 14 years of age or
   85  older at the time of the offense:
   86         (I) Section 794.011, excluding s. 794.011(10);
   87         (II) Section 800.04(4)(a)2. where the victim is under 12
   88  years of age or where the court finds sexual activity by the use
   89  of force or coercion;
   90         (III) Section 800.04(5)(c)1. where the court finds
   91  molestation involving unclothed genitals;
   92         (IV) Section 800.04(5)(d) where the court finds the use of
   93  force or coercion and unclothed genitals; or
   94         (V) Any similar offense committed in this state which has
   95  been redesignated from a former statute number to one of those
   96  listed in this sub-subparagraph.
   97         2. For all qualifying offenses listed in sub-subparagraph
   98  1.d., the court shall make a written finding of the age of the
   99  offender at the time of the offense.
  100  
  101  For each violation of a qualifying offense listed in this
  102  subsection, except for a violation of s. 794.011, the court
  103  shall make a written finding of the age of the victim at the
  104  time of the offense. For a violation of s. 800.04(4), the court
  105  shall also make a written finding indicating whether the offense
  106  involved sexual activity and indicating whether the offense
  107  involved force or coercion. For a violation of s. 800.04(5), the
  108  court shall also make a written finding that the offense did or
  109  did not involve unclothed genitals or genital area and that the
  110  offense did or did not involve the use of force or coercion.
  111         Section 2. This act shall take effect upon becoming a law.