Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 234
       
       
       
       
       
       
                                Ì164268DÎ164268                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2021           .                                
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       The Committee on Rules (Book) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 362 - 704
    4  and insert:
    5         Section 2. The Legislature finds that the opinion in State
    6  v. James, 298 So.3d 90 (Fla. 2d DCA 2020), is contrary to
    7  legislative intent and that a person's failure to pay a fine
    8  does not relieve him or her of the requirement to register as a
    9  sexual offender pursuant to s. 943.0435. The Legislature intends
   10  that a person must register as a sexual offender pursuant to s.
   11  943.0435 when he or she has been convicted of a qualifying
   12  offense and, on or after October 1, 1997, has:
   13         (1) No sanction imposed upon conviction; or
   14         (2) Been released from a sanction imposed upon conviction.
   15         Section 3. Paragraph (h) of subsection (1), paragraph (b)
   16  of subsection (2), paragraphs (a) and (e) of subsection (4), and
   17  subsections (7) and (11) of section 943.0435, Florida Statutes,
   18  are amended to read:
   19         943.0435 Sexual offenders required to register with the
   20  department; penalty.—
   21         (1) As used in this section, the term:
   22         (h)1. “Sexual offender” means a person who meets the
   23  criteria in sub-subparagraph a., sub-subparagraph b., sub
   24  subparagraph c., or sub-subparagraph d., as follows:
   25         a.(I) Has been convicted of committing, or attempting,
   26  soliciting, or conspiring to commit, any of the criminal
   27  offenses proscribed in the following statutes in this state or
   28  similar offenses in another jurisdiction: s. 393.135(2); s.
   29  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
   30  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
   31  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
   32  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
   33  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
   34  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
   35  s. 895.03, if the court makes a written finding that the
   36  racketeering activity involved at least one sexual offense
   37  listed in this sub-sub-subparagraph or at least one offense
   38  listed in this sub-sub-subparagraph with sexual intent or
   39  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
   40  committed in this state which has been redesignated from a
   41  former statute number to one of those listed in this sub-sub
   42  subparagraph; and
   43         (II) Has been released on or after October 1, 1997, from a
   44  the sanction imposed for any conviction of an offense described
   45  in sub-sub-subparagraph (I) and does not otherwise meet the
   46  criteria for registration as a sexual offender under chapter 944
   47  or chapter 985. For purposes of this sub-sub-subparagraph (I), a
   48  sanction imposed in this state or in any other jurisdiction
   49  means includes, but is not limited to, a fine, probation,
   50  community control, parole, conditional release, control release,
   51  or incarceration in a state prison, federal prison, private
   52  correctional facility, or local detention facility. If no
   53  sanction is imposed the person is deemed to be released upon
   54  conviction;
   55         b. Establishes or maintains a residence in this state and
   56  who has not been designated as a sexual predator by a court of
   57  this state but who has been designated as a sexual predator, as
   58  a sexually violent predator, or by another sexual offender
   59  designation in another state or jurisdiction and was, as a
   60  result of such designation, subjected to registration or
   61  community or public notification, or both, or would be if the
   62  person were a resident of that state or jurisdiction, without
   63  regard to whether the person otherwise meets the criteria for
   64  registration as a sexual offender;
   65         c. Establishes or maintains a residence in this state who
   66  is in the custody or control of, or under the supervision of,
   67  any other state or jurisdiction as a result of a conviction for
   68  committing, or attempting, soliciting, or conspiring to commit,
   69  any of the criminal offenses proscribed in the following
   70  statutes or similar offense in another jurisdiction: s.
   71  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
   72  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
   73  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
   74  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
   75  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
   76  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
   77  s. 847.0145; s. 895.03, if the court makes a written finding
   78  that the racketeering activity involved at least one sexual
   79  offense listed in this sub-subparagraph or at least one offense
   80  listed in this sub-subparagraph with sexual intent or motive; s.
   81  916.1075(2); or s. 985.701(1); or any similar offense committed
   82  in this state which has been redesignated from a former statute
   83  number to one of those listed in this sub-subparagraph; or
   84         d. On or after July 1, 2007, has been adjudicated
   85  delinquent for committing, or attempting, soliciting, or
   86  conspiring to commit, any of the criminal offenses proscribed in
   87  the following statutes in this state or similar offenses in
   88  another jurisdiction when the juvenile was 14 years of age or
   89  older at the time of the offense:
   90         (I) Section 794.011, excluding s. 794.011(10);
   91         (II) Section 800.04(4)(a)2. where the victim is under 12
   92  years of age or where the court finds sexual activity by the use
   93  of force or coercion;
   94         (III) Section 800.04(5)(c)1. where the court finds
   95  molestation involving unclothed genitals;
   96         (IV) Section 800.04(5)(d) where the court finds the use of
   97  force or coercion and unclothed genitals; or
   98         (V) Any similar offense committed in this state which has
   99  been redesignated from a former statute number to one of those
  100  listed in this sub-subparagraph.
  101         2. For all qualifying offenses listed in sub-subparagraph
  102  1.d., the court shall make a written finding of the age of the
  103  offender at the time of the offense.
  104  
  105  For each violation of a qualifying offense listed in this
  106  subsection, except for a violation of s. 794.011, the court
  107  shall make a written finding of the age of the victim at the
  108  time of the offense. For a violation of s. 800.04(4), the court
  109  shall also make a written finding indicating whether the offense
  110  involved sexual activity and indicating whether the offense
  111  involved force or coercion. For a violation of s. 800.04(5), the
  112  court shall also make a written finding that the offense did or
  113  did not involve unclothed genitals or genital area and that the
  114  offense did or did not involve the use of force or coercion.
  115         (2) Upon initial registration, a sexual offender shall:
  116         (b) Provide his or her name; date of birth; social security
  117  number; race; sex; height; weight; hair and eye color; tattoos
  118  or other identifying marks; fingerprints; palm prints;
  119  photograph; employment information; address of permanent or
  120  legal residence or address of any current temporary residence,
  121  within the state or out of state, including a rural route
  122  address and a post office box; if no permanent or temporary
  123  address, any transient residence within the state, address,
  124  location or description, and dates of any current or known
  125  future temporary residence within the state or out of state; the
  126  make, model, color, vehicle identification number (VIN), and
  127  license tag number of all vehicles owned; home telephone numbers
  128  and cellular telephone numbers; electronic mail addresses;
  129  Internet identifiers and each Internet identifier’s
  130  corresponding website homepage or application software name;
  131  date and place of each conviction; and a brief description of
  132  the crime or crimes committed by the offender. A post office box
  133  may not be provided in lieu of a physical residential address.
  134  The sexual offender shall also produce his or her passport, if
  135  he or she has a passport, and, if he or she is an alien, shall
  136  produce or provide information about documents establishing his
  137  or her immigration status. The sexual offender shall also
  138  provide information about any professional licenses he or she
  139  has.
  140         1. If the sexual offender’s place of residence is a motor
  141  vehicle, trailer, mobile home, or manufactured home, as defined
  142  in chapter 320, the sexual offender shall also provide to the
  143  department through the sheriff’s office written notice of the
  144  vehicle identification number; the license tag number; the
  145  registration number; and a description, including color scheme,
  146  of the motor vehicle, trailer, mobile home, or manufactured
  147  home. If the sexual offender’s place of residence is a vessel,
  148  live-aboard vessel, or houseboat, as defined in chapter 327, the
  149  sexual offender shall also provide to the department written
  150  notice of the hull identification number; the manufacturer’s
  151  serial number; the name of the vessel, live-aboard vessel, or
  152  houseboat; the registration number; and a description, including
  153  color scheme, of the vessel, live-aboard vessel, or houseboat.
  154         2. If the sexual offender is enrolled or employed, whether
  155  for compensation or as a volunteer, at an institution of higher
  156  education in this state, the sexual offender shall also provide
  157  to the department the name, address, and county of each
  158  institution, including each campus attended, and the sexual
  159  offender’s enrollment, volunteer, or employment status. The
  160  sheriff, the Department of Corrections, or the Department of
  161  Juvenile Justice shall promptly notify each institution of
  162  higher education of the sexual offender’s presence and any
  163  change in the sexual offender’s enrollment, volunteer, or
  164  employment status.
  165         3. A sexual offender shall report to the department through
  166  the department’s online system or in person to the sheriff’s
  167  office within 48 hours after any change in vehicles owned to
  168  report those vehicle information changes.
  169  
  170  When a sexual offender reports at the sheriff’s office, the
  171  sheriff shall take a photograph, a set of fingerprints, and palm
  172  prints of the offender and forward the photographs, palm prints,
  173  and fingerprints to the department, along with the information
  174  provided by the sexual offender. The sheriff shall promptly
  175  provide to the department the information received from the
  176  sexual offender.
  177         (4)(a) Each time a sexual offender’s driver license or
  178  identification card is subject to renewal, and, without regard
  179  to the status of the offender’s driver license or identification
  180  card, within 48 hours after any change in the offender’s
  181  permanent, temporary, or transient residence or change in the
  182  offender’s name by reason of marriage or other legal process,
  183  the offender shall report in person to a driver license office,
  184  or through an authorized alternate method as provided by the
  185  Department of Highway Safety and Motor Vehicles, and is subject
  186  to the requirements specified in subsection (3). The Department
  187  of Highway Safety and Motor Vehicles shall forward to the
  188  department all photographs and information provided by sexual
  189  offenders. Notwithstanding the restrictions set forth in s.
  190  322.142, the Department of Highway Safety and Motor Vehicles may
  191  release a reproduction of a color-photograph or digital-image
  192  license to the Department of Law Enforcement for purposes of
  193  public notification of sexual offenders as provided in this
  194  section and ss. 943.043 and 944.606. A sexual offender who is
  195  unable to secure or update a driver license or an identification
  196  card with the Department of Highway Safety and Motor Vehicles as
  197  provided in subsection (3) and this subsection shall also report
  198  any change in the sexual offender’s permanent, temporary, or
  199  transient residence or change in the offender’s name by reason
  200  of marriage or other legal process within 48 hours after the
  201  change to the sheriff’s office in the county where the offender
  202  resides or is located and provide confirmation that he or she
  203  reported such information to the Department of Highway Safety
  204  and Motor Vehicles. The reporting requirements under this
  205  paragraph do not negate the requirement for a sexual offender to
  206  obtain a Florida driver license or an identification card as
  207  required in this section.
  208         (e)1. A sexual offender shall register all electronic mail
  209  addresses and Internet identifiers, and each Internet
  210  identifier’s corresponding website homepage or application
  211  software name, with the department through the department’s
  212  online system or in person at the sheriff’s office within 48
  213  hours after using such electronic mail addresses and Internet
  214  identifiers. If the sexual offender is in the custody or
  215  control, or under the supervision, of the Department of
  216  Corrections, he or she must report all electronic mail addresses
  217  and Internet identifiers, and each Internet identifier’s
  218  corresponding website homepage or application software name, to
  219  the Department of Corrections before using such electronic mail
  220  addresses or Internet identifiers. If the sexual offender is in
  221  the custody or control, or under the supervision, of the
  222  Department of Juvenile Justice, he or she must report all
  223  electronic mail addresses and Internet identifiers, and each
  224  Internet identifier’s corresponding website homepage or
  225  application software name, to the Department of Juvenile Justice
  226  before using such electronic mail addresses or Internet
  227  identifiers.
  228         2. A sexual offender shall register all changes to vehicles
  229  owned, all changes to home telephone numbers and cellular
  230  telephone numbers, including added and deleted numbers, all
  231  changes to employment information, and all changes in status
  232  related to enrollment, volunteering, or employment at
  233  institutions of higher education, through the department’s
  234  online system; in person at the sheriff’s office; in person at
  235  the Department of Corrections if the sexual offender is in the
  236  custody or control, or under the supervision, of the Department
  237  of Corrections; or in person at the Department of Juvenile
  238  Justice if the sexual offender is in the custody or control, or
  239  under the supervision, of the Department of Juvenile Justice.
  240  All changes required to be reported under this subparagraph must
  241  be reported within 48 hours after the change.
  242         3. The department shall establish an online system through
  243  which sexual offenders may securely access, submit, and update
  244  all changes in status to vehicles owned; electronic mail
  245  addresses; Internet identifiers and each Internet identifier’s
  246  corresponding website homepage or application software name;
  247  home telephone numbers and cellular telephone numbers;
  248  employment information; and institution of higher education
  249  information.
  250         (7) A sexual offender who intends to establish a permanent,
  251  temporary, or transient residence in another state or
  252  jurisdiction other than the State of Florida shall report in
  253  person to the sheriff of the county of current residence at
  254  least within 48 hours before the date he or she intends to leave
  255  this state to establish residence in another state or
  256  jurisdiction or at least 21 days before the date he or she
  257  intends to travel if the intended residence of 5 days or more is
  258  outside of the United States. Any travel that is not known by
  259  the sexual offender at least 48 hours before he or she intends
  260  to establish a residence in another state or jurisdiction, or 21
  261  days before the departure date for travel outside of the United
  262  States, must be reported in person to the sheriff’s office as
  263  soon as possible before departure. The sexual offender shall
  264  provide to the sheriff the address, municipality, county, state,
  265  and country of intended residence. For international travel, the
  266  sexual offender shall also provide travel information,
  267  including, but not limited to, expected departure and return
  268  dates, flight number, airport of departure, cruise port of
  269  departure, or any other means of intended travel. The sheriff
  270  shall promptly provide to the department the information
  271  received from the sexual offender. The department shall notify
  272  the statewide law enforcement agency, or a comparable agency, in
  273  the intended state, jurisdiction, or country of residence, or
  274  the intended country of travel, of the sexual offender’s
  275  intended residence or intended travel. The failure of a sexual
  276  offender to provide his or her intended place of residence or
  277  intended travel is punishable as provided in subsection (9).
  278         (11) Except as provided in s. 943.04354, a sexual offender
  279  shall maintain registration with the department for the duration
  280  of his or her life unless the sexual offender has received a
  281  full pardon or has had a conviction set aside in a
  282  postconviction proceeding for any offense that meets the
  283  criteria for classifying the person as a sexual offender for
  284  purposes of registration. However, a sexual offender shall be
  285  considered for removal of the requirement to register as a
  286  sexual offender only if the person:
  287         (a)1. Has been lawfully released from confinement,
  288  supervision, or sanction, whichever is later, for at least 25
  289  years and has not been arrested for any felony or misdemeanor
  290  offense since release, provided that the sexual offender’s
  291  requirement to register was not based upon an adult conviction:
  292         a. For a violation of s. 787.01 or s. 787.02;
  293         b. For a violation of s. 794.011, excluding s. 794.011(10);
  294         c. For a violation of s. 800.04(4)(a)2. where the court
  295  finds the offense involved a victim under 12 years of age or
  296  sexual activity by the use of force or coercion;
  297         d. For a violation of s. 800.04(5)(b);
  298         e. For a violation of s. 800.04(5)(c)2. where the court
  299  finds the offense involved the use of force or coercion and
  300  unclothed genitals or genital area;
  301         f. For a violation of s. 825.1025(2)(a);
  302         g. For any attempt or conspiracy to commit any such
  303  offense;
  304         h. For a violation of similar law of another jurisdiction;
  305  or
  306         i. For a violation of a similar offense committed in this
  307  state which has been redesignated from a former statute number
  308  to one of those listed in this subparagraph.
  309         2. If the sexual offender meets the criteria in
  310  subparagraph 1., the sexual offender may, for the purpose of
  311  removing the requirement for registration as a sexual offender,
  312  petition the criminal division of the circuit court of the
  313  circuit:
  314         a. Where the conviction or adjudication occurred, for a
  315  conviction in this state;
  316         b. Where the sexual offender resides, for a conviction of a
  317  violation of similar law of another jurisdiction; or
  318         c. Where the sexual offender last resided, for a sexual
  319  offender with a conviction of a violation of similar law of
  320  another jurisdiction who no longer resides in this state.
  321         3. The court may grant or deny relief if the offender
  322  demonstrates to the court that he or she has not been arrested
  323  for any crime since release; the requested relief complies with
  324  the federal Adam Walsh Child Protection and Safety Act of 2006
  325  and any other federal standards applicable to the removal of
  326  registration requirements for a sexual offender or required to
  327  be met as a condition for the receipt of federal funds by the
  328  state; and the court is otherwise satisfied that the offender is
  329  not a current or potential threat to public safety. The state
  330  attorney in the circuit in which the petition is filed must be
  331  given notice of the petition at least 3 weeks before the hearing
  332  on the matter. The state attorney may present evidence in
  333  opposition to the requested relief or may otherwise demonstrate
  334  the reasons why the petition should be denied. If the court
  335  denies the petition, the court may set a future date at which
  336  the sexual offender may again petition the court for relief,
  337  subject to the standards for relief provided in this subsection.
  338         4. The department shall remove an offender from
  339  classification as a sexual offender for purposes of registration
  340  if the offender provides to the department a certified copy of
  341  the court’s written findings or order that indicates that the
  342  offender is no longer required to comply with the requirements
  343  for registration as a sexual offender.
  344         (b) Maintains As defined in sub-subparagraph (1)(h)1.b.
  345  must maintain registration with the department as described in
  346  sub-subparagraph (1)(h)1.b. for the duration of his or her life
  347  until the person provides the department with an order issued by
  348  the court that designated the person as a sexual predator, as a
  349  sexually violent predator, or as any other by another sexual
  350  offender designation in the state or jurisdiction in which the
  351  order was issued which states that such designation has been
  352  removed or demonstrates to the department that such designation,
  353  if not imposed by a court, has been removed by operation of law
  354  or court order in the state or jurisdiction in which the
  355  designation was made, and provided that such person no longer
  356  meets the criteria for registration as a sexual offender under
  357  the laws of this state. To qualify for removal, all sexual
  358  offenders as described in sub-subparagraph (1)(h)1.b. must not
  359  only establish that their designation has been removed but also
  360  satisfy the requirements set forth in paragraph (11)(a).
  361  ================= T I T L E  A M E N D M E N T ================
  362  And the title is amended as follows:
  363         Delete lines 17 - 31
  364  and insert:
  365         punishable under certain provisions; providing
  366         legislative findings and intent regarding the
  367         construction of a provision in the definition of the
  368         term “sexual offender” relating to release from
  369         sanction; amending s. 943.0435, F.S.; redefining the
  370         term “sexual offender” to clarify a provision related
  371         to release from sanction; authorizing reporting of
  372         certain registration information through the
  373         Department of Law Enforcement’s online system;
  374         authorizing reporting of certain registration
  375         information through an authorized alternate method
  376         provided by the Department of Highway Safety and Motor
  377         Vehicles; requiring the reporting of certain
  378         additional vehicle information; clarifying a
  379         requirement relating to the timing of reporting of
  380         international travel or a change of residence to
  381         another state or jurisdiction; specifying that failure
  382         to report intended travel is punishable under certain
  383         provisions; provides that an offender seeking removal
  384         of the requirement to register as a sexual offender
  385         must comply with current registration-removal
  386         requirements; creating a process for a person to