Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1230
Ì709618DÎ709618
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/23/2024 .
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The Committee on Criminal Justice (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1036 - 1602
4 and insert:
5 constitutes a separate offense. A sexual predator may be charged
6 with a separate offense for each vehicle for which he or she
7 failed to register as required or failed to report changes to
8 the vehicle.
9 (b) A sexual predator who has been convicted of or found to
10 have committed, or has pled nolo contendere or guilty to,
11 regardless of adjudication, any violation, or attempted
12 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
13 the victim is a minor; s. 794.011, excluding s. 794.011(10); s.
14 794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
15 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s.
16 985.701(1); or a violation of a similar law of another
17 jurisdiction when the victim of the offense was a minor, and who
18 works, whether for compensation or as a volunteer, at any
19 business, school, child care facility, park, playground, or
20 other place where children regularly congregate, commits a
21 felony of the third degree, punishable as provided in s.
22 775.082, s. 775.083, or s. 775.084.
23 (c) For a felony violation of this section, excluding
24 paragraph (g), committed on or after July 1, 2018, if the court
25 does not impose a prison sentence, the court shall impose a
26 mandatory minimum term of community control, as defined in s.
27 948.001, as follows:
28 1. For a first offense, a mandatory minimum term of 6
29 months with electronic monitoring.
30 2. For a second offense, a mandatory minimum term of 1 year
31 with electronic monitoring.
32 3. For a third or subsequent offense, a mandatory minimum
33 term of 2 years with electronic monitoring.
34 (d) Any person who misuses public records information
35 relating to a sexual predator, as defined in this section, or a
36 sexual offender, as defined in s. 943.0435 or s. 944.607, to
37 secure a payment from such a predator or offender; who knowingly
38 distributes or publishes false information relating to such a
39 predator or offender which the person misrepresents as being
40 public records information; or who materially alters public
41 records information with the intent to misrepresent the
42 information, including documents, summaries of public records
43 information provided by law enforcement agencies, or public
44 records information displayed by law enforcement agencies on
45 websites or provided through other means of communication,
46 commits a misdemeanor of the first degree, punishable as
47 provided in s. 775.082 or s. 775.083.
48 (e) A sexual predator who commits any act or omission in
49 violation of this section may be prosecuted for the act or
50 omission in the county in which the act or omission was
51 committed, in the county of the last registered address of the
52 sexual predator, in the county in which the conviction occurred
53 for the offense or offenses that meet the criteria for
54 designating a person as a sexual predator, in the county where
55 the sexual predator was released from incarceration, or in the
56 county of the intended address of the sexual predator as
57 reported by the sexual predator prior to his or her release from
58 incarceration. In addition, a sexual predator may be prosecuted
59 for any such act or omission in the county in which he or she
60 was designated a sexual predator.
61 (f) An arrest on charges of failure to register, the
62 service of an information or a complaint for a violation of this
63 section, or an arraignment on charges for a violation of this
64 section constitutes actual notice of the duty to register when
65 the predator has been provided and advised of his or her
66 statutory obligation to register under subsection (6). A sexual
67 predator’s failure to immediately register as required by this
68 section following such arrest, service, or arraignment
69 constitutes grounds for a subsequent charge of failure to
70 register. A sexual predator charged with the crime of failure to
71 register who asserts, or intends to assert, a lack of notice of
72 the duty to register as a defense to a charge of failure to
73 register shall immediately register as required by this section.
74 A sexual predator who is charged with a subsequent failure to
75 register may not assert the defense of a lack of notice of the
76 duty to register. Registration following such arrest, service,
77 or arraignment is not a defense and does not relieve the sexual
78 predator of criminal liability for the failure to register.
79 (g) Any person who has reason to believe that a sexual
80 predator is not complying, or has not complied, with the
81 requirements of this section and who, with the intent to assist
82 the sexual predator in eluding a law enforcement agency that is
83 seeking to find the sexual predator to question the sexual
84 predator about, or to arrest the sexual predator for, his or her
85 noncompliance with the requirements of this section:
86 1. Withholds information from, or does not notify, the law
87 enforcement agency about the sexual predator’s noncompliance
88 with the requirements of this section, and, if known, the
89 whereabouts of the sexual predator;
90 2. Harbors, or attempts to harbor, or assists another
91 person in harboring or attempting to harbor, the sexual
92 predator;
93 3. Conceals or attempts to conceal, or assists another
94 person in concealing or attempting to conceal, the sexual
95 predator; or
96 4. Provides information to the law enforcement agency
97 regarding the sexual predator which the person knows to be false
98 information,
99
100 commits a felony of the third degree, punishable as provided in
101 s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
102 apply if the sexual predator is incarcerated in or is in the
103 custody of a state correctional facility, a private correctional
104 facility, a local jail, or a federal correctional facility.
105 Section 2. Section 943.0435, Florida Statutes, is amended
106 to read:
107 943.0435 Sexual offenders required to register with the
108 department; penalty.—
109 (1) As used in this section, the term:
110 (a) “Change in status at an institution of higher
111 education” has the same meaning as provided in s. 775.21.
112 (b) “Convicted” means that there has been a determination
113 of guilt as a result of a trial or the entry of a plea of guilty
114 or nolo contendere, regardless of whether adjudication is
115 withheld, and includes an adjudication of delinquency of a
116 juvenile as specified in this section. Conviction of a similar
117 offense includes, but is not limited to, a conviction by a
118 federal or military tribunal, including courts-martial conducted
119 by the Armed Forces of the United States, and includes a
120 conviction or entry of a plea of guilty or nolo contendere
121 resulting in a sanction in any state of the United States or
122 other jurisdiction. A sanction includes, but is not limited to,
123 a fine, probation, community control, parole, conditional
124 release, control release, or incarceration in a state prison,
125 federal prison, private correctional facility, or local
126 detention facility.
127 (c) “Electronic mail address” has the same meaning as
128 provided in s. 668.602.
129 (d) “Institution of higher education” has the same meaning
130 as provided in s. 775.21.
131 (e) “Internet identifier” has the same meaning as provided
132 in s. 775.21.
133 (f) “Permanent residence,” “temporary residence,” and
134 “transient residence” have the same meaning as provided in s.
135 775.21.
136 (g) “Professional license” has the same meaning as provided
137 in s. 775.21.
138 (h)1. “Sexual offender” means a person who meets the
139 criteria in sub-subparagraph a., sub-subparagraph b., sub
140 subparagraph c., or sub-subparagraph d., as follows:
141 a.(I) Has been convicted of committing, or attempting,
142 soliciting, or conspiring to commit, any of the criminal
143 offenses proscribed in the following statutes in this state or
144 similar offenses in another jurisdiction: s. 393.135(2); s.
145 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
146 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
147 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
148 794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
149 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
150 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
151 s. 895.03, if the court makes a written finding that the
152 racketeering activity involved at least one sexual offense
153 listed in this sub-sub-subparagraph or at least one offense
154 listed in this sub-sub-subparagraph with sexual intent or
155 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
156 committed in this state which has been redesignated from a
157 former statute number to one of those listed in this sub-sub
158 subparagraph; and
159 (II) Has been released on or after October 1, 1997, from a
160 sanction imposed for any conviction of an offense described in
161 sub-sub-subparagraph (I) and does not otherwise meet the
162 criteria for registration as a sexual offender under chapter 944
163 or chapter 985. For purposes of this sub-sub-subparagraph, a
164 sanction imposed in this state or in any other jurisdiction
165 means probation, community control, parole, conditional release,
166 control release, or incarceration in a state prison, federal
167 prison, private correctional facility, or local detention
168 facility. If no sanction is imposed, the person is deemed to be
169 released upon conviction;
170 b. Establishes or maintains a residence in this state and
171 who has not been designated as a sexual predator by a court of
172 this state but who has been designated as a sexual predator, as
173 a sexually violent predator, or any other by another sexual
174 offender designation in another state or jurisdiction and was,
175 as a result of such designation, subjected to registration or
176 community or public notification, or both, or would be if the
177 person were a resident of that state or jurisdiction, without
178 regard to whether the person otherwise meets the criteria for
179 registration as a sexual offender;
180 c. Establishes or maintains a residence in this state who
181 is in the custody or control of, or under the supervision of,
182 any other state or jurisdiction as a result of a conviction for
183 committing, or attempting, soliciting, or conspiring to commit,
184 any of the criminal offenses proscribed in the following
185 statutes or similar offense in another jurisdiction: s.
186 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
187 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
188 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
189 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
190 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
191 s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
192 s. 847.0145; s. 895.03, if the court makes a written finding
193 that the racketeering activity involved at least one sexual
194 offense listed in this sub-subparagraph or at least one offense
195 listed in this sub-subparagraph with sexual intent or motive; s.
196 916.1075(2); or s. 985.701(1); or any similar offense committed
197 in this state which has been redesignated from a former statute
198 number to one of those listed in this sub-subparagraph; or
199 d. On or after July 1, 2007, has been adjudicated
200 delinquent for committing, or attempting, soliciting, or
201 conspiring to commit, any of the criminal offenses proscribed in
202 the following statutes in this state or similar offenses in
203 another jurisdiction when the juvenile was 14 years of age or
204 older at the time of the offense:
205 (I) Section 794.011, excluding s. 794.011(10);
206 (II) Section 800.04(4)(a)2. where the victim is under 12
207 years of age or where the court finds sexual activity by the use
208 of force or coercion;
209 (III) Section 800.04(5)(c)1. where the court finds
210 molestation involving unclothed genitals;
211 (IV) Section 800.04(5)(d) where the court finds the use of
212 force or coercion and unclothed genitals; or
213 (V) Any similar offense committed in this state which has
214 been redesignated from a former statute number to one of those
215 listed in this sub-subparagraph.
216 2. For all qualifying offenses listed in sub-subparagraph
217 1.d., the court shall make a written finding of the age of the
218 offender at the time of the offense.
219
220 For each violation of a qualifying offense listed in this
221 subsection, except for a violation of s. 794.011, the court
222 shall make a written finding of the age of the victim at the
223 time of the offense. For a violation of s. 800.04(4), the court
224 shall also make a written finding indicating whether the offense
225 involved sexual activity and indicating whether the offense
226 involved force or coercion. For a violation of s. 800.04(5), the
227 court shall also make a written finding that the offense did or
228 did not involve unclothed genitals or genital area and that the
229 offense did or did not involve the use of force or coercion.
230 (i) “Vehicles owned” has the same meaning as provided in s.
231 775.21.
232 (2) Upon initial registration, a sexual offender shall:
233 (a) Report in person at the sheriff’s office:
234 1. In the county in which the offender establishes or
235 maintains a permanent, temporary, or transient residence within
236 48 hours after:
237 a. Establishing permanent, temporary, or transient
238 residence in this state; or
239 b. Being released from the custody, control, or supervision
240 of the Department of Corrections or from the custody of a
241 private correctional facility; or
242 2. In the county where he or she was convicted within 48
243 hours after being convicted for a qualifying offense for
244 registration under this section if the offender is not in the
245 custody or control of, or under the supervision of, the
246 Department of Corrections, or is not in the custody of a private
247 correctional facility.
248
249 Any change in the information required to be provided pursuant
250 to paragraph (b), including, but not limited to, any change in
251 the sexual offender’s permanent, temporary, or transient
252 residence; name; electronic mail addresses; Internet identifiers
253 and each Internet identifier’s corresponding website homepage or
254 application software name; home telephone numbers and cellular
255 telephone numbers; employment information; and any change in
256 status at an institution of higher education after the sexual
257 offender reports in person at the sheriff’s office must be
258 reported in the manner provided in subsections (4), (7), and
259 (8).
260 (b) Provide his or her name; date of birth; social security
261 number; race; sex; height; weight; tattoos or other identifying
262 marks; hair and eye color; tattoos or other identifying marks;
263 fingerprints; palm prints; photograph; employment information;
264 address of permanent or legal residence or address of any
265 current temporary residence, within this the state or out of
266 state, including a rural route address and a post office box; if
267 he or she has no permanent or temporary address, any transient
268 residence within this the state;, address, location or
269 description, and dates of any current or known future temporary
270 residence within this the state or out of state; the make,
271 model, color, vehicle identification number (VIN), and license
272 tag number of all vehicles owned; home telephone numbers and
273 cellular telephone numbers; electronic mail addresses; Internet
274 identifiers and each Internet identifier’s corresponding website
275 homepage or application software name; date and place of each
276 conviction; and a brief description of the crime or crimes
277 committed by the offender. A post office box may not be provided
278 in lieu of a physical residential address. The sexual offender
279 shall also produce his or her passport, if he or she has a
280 passport, and, if he or she is an alien, shall produce or
281 provide information about documents establishing his or her
282 immigration status. The sexual offender shall also provide
283 information about any professional licenses he or she has.
284 1. If the sexual offender’s place of residence is a motor
285 vehicle, trailer, mobile home, or manufactured home, as those
286 terms are defined in chapter 320, the sexual offender shall also
287 provide to the department through the sheriff’s office written
288 notice of the vehicle identification number (VIN); the license
289 tag number; the registration number; and a description,
290 including color scheme, of the motor vehicle, trailer, mobile
291 home, or manufactured home. If the sexual offender’s place of
292 residence is a vessel, live-aboard vessel, or houseboat, as
293 those terms are defined in chapter 327, the sexual offender
294 shall also provide to the department written notice of the hull
295 identification number; the manufacturer’s serial number; the
296 name of the vessel, live-aboard vessel, or houseboat; the
297 registration number of the vessel, live-aboard vessel, or
298 houseboat; and a description, including color scheme, of the
299 vessel, live-aboard vessel, or houseboat.
300 2. If the sexual offender is enrolled or employed, whether
301 for compensation or as a volunteer, at an institution of higher
302 education in this state, the sexual offender shall also provide
303 to the department the name, address, and county of each
304 institution, including each campus attended, and the sexual
305 offender’s enrollment, volunteer, or employment status. The
306 sheriff, the Department of Corrections, or the Department of
307 Juvenile Justice shall promptly notify each institution of
308 higher education of the sexual offender’s presence and any
309 change in the sexual offender’s enrollment, volunteer, or
310 employment status.
311 3. A sexual offender shall report with the department
312 through the department’s online system or in person to the
313 sheriff’s office within 48 hours after any change in vehicles
314 owned to report those vehicle information changes.
315 (c) Provide any other information determined necessary by
316 the department, including criminal and corrections records;
317 nonprivileged personnel and treatment records; and evidentiary
318 genetic markers, when available.
319
320 When a sexual offender reports at the sheriff’s office, the
321 sheriff shall take a photograph, a set of fingerprints, and palm
322 prints of the offender and forward the photographs, palm prints,
323 and fingerprints to the department, along with the information
324 provided by the sexual offender is required to provide pursuant
325 to this section. The sheriff shall promptly provide to the
326 department the information received from the sexual offender.
327 (3) Within 48 hours after the report required under
328 subsection (2), a sexual offender shall report in person at a
329 driver license office of the Department of Highway Safety and
330 Motor Vehicles, unless a driver license or identification card
331 that complies with the requirements of s. 322.141(3) was
332 previously secured or updated under s. 944.607. At the driver
333 license office the sexual offender shall:
334 (a) If otherwise qualified, secure a Florida driver
335 license, renew a Florida driver license, or secure an
336 identification card. The sexual offender shall identify himself
337 or herself as a sexual offender who is required to comply with
338 this section and shall provide proof that the sexual offender
339 reported as required in subsection (2). The sexual offender
340 shall provide any of the information specified in subsection
341 (2), if requested. The sexual offender shall submit to the
342 taking of a photograph for use in issuing a driver license,
343 renewed license, or identification card, and for use by the
344 department in maintaining current records of sexual offenders.
345 (b) Pay the costs assessed by the Department of Highway
346 Safety and Motor Vehicles for issuing or renewing a driver
347 license or identification card as required by this section. The
348 driver license or identification card issued must be in
349 compliance with s. 322.141(3).
350 (c) Provide, upon request, any additional information
351 necessary to confirm the identity of the sexual offender,
352 including a set of fingerprints.
353 (4)(a) Each time a sexual offender’s driver license or
354 identification card is subject to renewal, and, without regard
355 to the status of the offender’s driver license or identification
356 card, within 48 hours after any change in the offender’s
357 permanent, temporary, or transient residence or change in the
358 offender’s name by reason of marriage or other legal process,
359 the offender shall report in person to a driver license office,
360 and is subject to the requirements specified in subsection (3).
361 The Department of Highway Safety and Motor Vehicles shall
362 forward to the department all photographs and information
363 provided by sexual offenders. Notwithstanding the restrictions
364 set forth in s. 322.142, the Department of Highway Safety and
365 Motor Vehicles may release a reproduction of a color-photograph
366 or digital-image license to the Department of Law Enforcement
367 for purposes of public notification of sexual offenders as
368 provided in this section and ss. 943.043 and 944.606. A sexual
369 offender who is unable to secure or update a driver license or
370 an identification card with the Department of Highway Safety and
371 Motor Vehicles as provided in subsection (3) and this subsection
372 shall also report any change in the sexual offender’s permanent,
373 temporary, or transient residence or change in the offender’s
374 name by reason of marriage or other legal process within 48
375 hours after the change to the sheriff’s office in the county
376 where the offender resides or is located and provide
377 confirmation that he or she reported such information to the
378 Department of Highway Safety and Motor Vehicles. The reporting
379 requirements under this paragraph do not negate the requirement
380 for a sexual offender to obtain a Florida driver license or an
381 identification card as required in this section.
382 (b)1. A sexual offender who vacates a permanent, temporary,
383 or transient residence and fails to establish or maintain
384 another permanent, temporary, or transient residence shall,
385 within 48 hours after vacating the permanent, temporary, or
386 transient residence, report in person to the sheriff’s office of
387 the county in which he or she is located. The sexual offender
388 shall specify the date upon which he or she intends to or did
389 vacate such residence. The sexual offender must provide or
390 update all of the registration information required under
391 paragraph (2)(b). The sexual offender must provide an address
392 for the residence or other place where that he or she is or will
393 be located during the time in which he or she fails to establish
394 or maintain a permanent or temporary residence.
395 2. A sexual offender shall report in person at the
396 sheriff’s office in the county in which he or she is located
397 within 48 hours after establishing a transient residence and
398 thereafter must report in person every 30 days to the sheriff’s
399 office in the county in which he or she is located while
400 maintaining a transient residence. The sexual offender must
401 provide the addresses and locations where he or she maintains a
402 transient residence. Each sheriff’s office shall report
403 establish procedures for reporting transient residence
404 information in a manner prescribed by the department and provide
405 notice to transient registrants to report transient residence
406 information as required in this subparagraph. Reporting to the
407 sheriff’s office as required by this subparagraph does not
408 exempt registrants from any reregistration requirement. The
409 sheriff may coordinate and enter into agreements with police
410 departments and other governmental entities to facilitate
411 additional reporting sites for transient residence registration
412 required in this subparagraph. The sheriff’s office shall,
413 within 2 business days, electronically submit to and update with
414 the department all such information within 2 business days after
415 provided by the sexual offender provides it to the sheriff’s
416 office department.
417 (c) A sexual offender who remains at a permanent,
418 temporary, or transient residence after reporting his or her
419 intent to vacate such residence shall, within 48 hours after the
420 date upon which the offender indicated he or she would or did
421 vacate such residence, report in person to the agency to which
422 he or she reported pursuant to paragraph (b) for the purpose of
423 reporting his or her address at such residence. When the sheriff
424 receives the report, the sheriff shall promptly convey the
425 information to the department. A sexual An offender who makes a
426 report as required under paragraph (b) but fails to make a
427 report as required under this paragraph commits a felony of the
428 second degree, punishable as provided in s. 775.082, s. 775.083,
429 or s. 775.084.
430 (d) The failure of a sexual offender who maintains a
431 transient residence to report in person to the sheriff’s office
432 every 30 days as required in subparagraph (b)2. is punishable as
433 provided in subsection (9).
434 (e)1. A sexual offender shall register all electronic mail
435 addresses and Internet identifiers, and each Internet
436 identifier’s corresponding website homepage or application
437 software name, with the department through the department’s
438 online system or in person at the sheriff’s office within 48
439 hours after using such electronic mail addresses or and Internet
440 identifiers. If the sexual offender is in the custody or
441 control, or under the supervision, of the Department of
442 Corrections, he or she must report all electronic mail addresses
443 and Internet identifiers, and each Internet identifier’s
444 corresponding website homepage or application software name, to
445 the Department of Corrections before using such electronic mail
446 addresses or Internet identifiers. If the sexual offender is in
447 the custody or control, or under the supervision, of the
448 Department of Juvenile Justice, he or she must report all
449 electronic mail addresses and Internet identifiers, and each
450 Internet identifier’s corresponding website homepage or
451 application software name, to the Department of Juvenile Justice
452 before using such electronic mail addresses or Internet
453 identifiers.
454 2. A sexual offender shall register all changes to vehicles
455 owned, all changes to home telephone numbers and cellular
456 telephone numbers, including added and deleted numbers, all
457 changes to employment information, and all changes in status
458 related to enrollment, volunteering, or employment at
459 institutions of higher education, through the department’s
460 online system; in person at the sheriff’s office; in person at
461 the Department of Corrections if the sexual offender is in the
462 custody or control, or under the supervision, of the Department
463 of Corrections; or in person at the Department of Juvenile
464 Justice if the sexual offender is in the custody or control, or
465 under the supervision, of the Department of Juvenile Justice.
466 All changes required to be reported under this subparagraph must
467 be reported within 48 hours after the change.
468 3. The department shall establish an online system through
469 which sexual offenders may securely access, submit, and update
470 all changes in status to vehicles owned; electronic mail
471 addresses; Internet identifiers and each Internet identifier’s
472 corresponding website homepage or application software name;
473 home telephone numbers and cellular telephone numbers;
474 employment information; and institution of higher education
475 information.
476 (f) If the sexual offender is in the custody of a local
477 jail, the custodian of the local jail shall register the sexual
478 offender within 3 business days after intake of the sexual
479 offender for any reason and upon release, and shall forward the
480 registration information to the department. The custodian of the
481 local jail shall also take a digitized photograph of the sexual
482 offender while the sexual offender remains in custody and shall
483 provide the digitized photograph to the department. The
484 custodian shall notify the department if the sexual offender
485 escapes from custody or dies.
486 (5) This section does not apply to a sexual offender who is
487 also a sexual predator, as defined in s. 775.21. A sexual
488 predator must register as required under s. 775.21.
489 (6) County and local law enforcement agencies, in
490 conjunction with the department, shall verify the addresses of
491 sexual offenders who are not under the care, custody, control,
492 or supervision of the Department of Corrections, and may verify
493 the addresses of sexual offenders who are under the care,
494 custody, control, or supervision of the Department of
495 Corrections, in a manner that is consistent with the provisions
496 of the federal Adam Walsh Child Protection and Safety Act of
497 2006 and any other federal standards applicable to such
498 verification or required to be met as a condition for the
499 receipt of federal funds by the state. Local law enforcement
500 agencies shall report to the department any failure by a sexual
501 offender to comply with registration requirements.
502 (7) A sexual offender who intends to establish a permanent,
503 temporary, or transient residence in another state or
504 jurisdiction other than the State of Florida shall report in
505 person to the sheriff of the county of current residence at
506 least within 48 hours before the date he or she intends to leave
507 this state to establish residence in another state or
508 jurisdiction or at least 21 days before the date he or she
509 intends to travel if the intended residence of 5 days or more is
510 outside of the United States. Any travel that is not known by
511 the sexual offender 48 hours before he or she intends to
512 establish a residence in another state or jurisdiction, or 21
513 days before the departure date for travel outside of the United
514 States, must be reported in person to the sheriff’s office as
515 soon as possible before departure. The sexual offender shall
516 provide to the sheriff the address, municipality, county, state,
517 and country of intended residence. For international travel, the
518 sexual offender shall also provide travel information,
519 including, but not limited to, expected departure and return
520 dates, flight number, airport of departure, cruise port of
521 departure, or any other means of intended travel. The sheriff
522 shall promptly provide to the department the information
523 received from the sexual offender. The department shall notify
524 the statewide law enforcement agency, or a comparable agency, in
525 the intended state, jurisdiction, or country of residence or the
526 intended country of travel of the sexual offender’s intended
527 residence or intended travel. The failure of a sexual offender
528 to provide his or her intended place of residence or intended
529 travel is punishable as provided in subsection (9).
530 (8) A sexual offender who indicates his or her intent to
531 establish a permanent, temporary, or transient residence in
532 another state, a jurisdiction other than the State of Florida,
533 or intent to travel to another country and later decides to
534 remain in this state shall, within 48 hours after the date upon
535 which the sexual offender indicated he or she would leave this
536 state, report in person to the sheriff’s office sheriff to which
537 the sexual offender reported the intended change of permanent,
538 temporary, or transient residence or intended international
539 travel, and report his or her intent to remain in this state.
540 The sheriff shall promptly report this information to the
541 department. A sexual offender who reports his or her intent to
542 establish a permanent, temporary, or transient residence in
543 another state, a jurisdiction other than the State of Florida,
544 or intent to travel to another country, but who remains in this
545 state without reporting to the sheriff in the manner required by
546 this subsection commits a felony of the second degree,
547 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
548 (9)(a) Except as otherwise specifically provided, a sexual
549 offender who fails to register; who fails, after registration,
550 to maintain, acquire, or renew a driver license or an
551 identification card; who fails to provide required location
552 information or change-of-name information; who fails to provide
553 electronic mail addresses, Internet identifiers, and each
554 Internet identifier’s corresponding website homepage or
555 application software name; who fails to provide all home
556 telephone numbers and cellular telephone numbers; who fails to
557 report any changes to employment information or changes in
558 status at an institution of higher education; who fails to
559 report any changes to vehicles owned, including the addition of
560 new vehicles and changes to the make, model, color, vehicle
561 identification number (VIN), and license tag numbers of
562 previously reported vehicles; who fails to make a required
563 report in connection with vacating a permanent residence; who
564 fails to reregister as required; who fails to respond to any
565 address verification correspondence from the department or from
566 county or local law enforcement agencies within 3 weeks after
567 the date of the correspondence; who knowingly provides false
568 registration information by act or omission; or who otherwise
569 fails, by act or omission, to A sexual offender who does not
570 comply with the requirements of this section commits a felony of
571 the third degree, punishable as provided in s. 775.082, s.
572 775.083, or s. 775.084. Each instance of a failure to register
573 or report changes to the required information specified in this
574 paragraph constitutes a separate offense. A sexual offender may
575 be charged with a separate offense for each vehicle for which he
576 or she failed to register as required or failed to report
577 changes to the vehicle.
578
579
580 ================= T I T L E A M E N D M E N T ================
581 And the title is amended as follows:
582 Delete lines 38 - 72
583 and insert:
584 specifying that a sexual predator may be charged for
585 each vehicle that he or she fails to register or
586 report changes; conforming provisions to changes made
587 by the act; making technical changes; amending s.
588 943.0435, F.S.; revising the definition of the term
589 “convicted”; authorizing sexual offenders to report to
590 the department through the department’s online system
591 within a specified timeframe required vehicle
592 information changes after any change in vehicles
593 owned; requiring sheriffs’ offices to report to the
594 department transient residence information in a manner
595 prescribed by the department; requiring sheriffs’
596 offices to electronically submit to and update with
597 the department specified information within a
598 specified timeframe after the sexual offender provides
599 it to the sheriff’s office; requiring sexual offenders
600 to register all changes to vehicles owned through the
601 department’s online system; requiring the department
602 to establish an online system through which sexual
603 offenders may securely access, submit, and update all
604 vehicles owned; requiring that, if a sexual offender
605 is in the custody of a local jail, the custodian of
606 the local jail register a sexual offender within a
607 specified timeframe after intake of the sexual
608 offender for any reason and upon release; requiring
609 the custodian to take a digitized photograph of the
610 sexual offender and forward the photograph and such
611 registration information to the department; revising
612 the reporting requirements and applicable timeframes
613 with which a sexual offender must comply if he or she
614 intends to establish a certain permanent, temporary,
615 or transient residence or to travel; revising the list
616 of requirements for which a sexual offender’s failure
617 to comply constitutes a criminal offense; specifying
618 that each instance of a failure to register or report
619 changes to specified required information constitutes
620 a separate offense; specifying that a sexual offender
621 may be charged for each vehicle that he or she fails
622 to register or report changes; specifying that, in
623 order to