Bill Text: FL S1196 | 2024 | Regular Session | Introduced
Bill Title: Harm to Minors
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Criminal Justice [S1196 Detail]
Download: Florida-2024-S1196-Introduced.html
Florida Senate - 2024 SB 1196
By Senator Ingoglia
11-00241E-24 20241196__
1 A bill to be entitled
2 An act relating to harm to minors; providing a short
3 title; creating s. 501.173, F.S.; defining terms;
4 requiring manufacturers of tablets or smartphones to
5 manufacture such devices so that a filter meeting
6 certain requirements is enabled upon activation of the
7 device in this state; subjecting such manufacturers to
8 civil and criminal liability for certain acts of
9 noncompliance; providing an exception; providing civil
10 liability for individuals who enable a password to
11 remove the required filter on a device in the
12 possession of a minor under certain circumstances;
13 authorizing the Attorney General to enforce the act;
14 providing damages; authorizing a parent or legal
15 guardian to bring a civil action against certain
16 parties who violate the act under certain
17 circumstances; providing criminal penalties; amending
18 s. 787.025, F.S.; increasing criminal penalties for
19 adults who intentionally lure or entice, or who
20 attempt to lure or entice, children under the age of
21 12 into a structure, dwelling, or conveyance for other
22 than a lawful purpose; increasing criminal penalties
23 for committing a second or subsequent offense;
24 increasing criminal penalties for persons with
25 specified previous convictions who commit such
26 offense; creating s. 827.12, F.S.; defining the terms
27 “inappropriate relationship” and “sexual excitement”;
28 prohibiting persons who are of at least a specified
29 age from knowingly engaging in any communication that
30 is part of a pattern of communication or behavior that
31 meets specified criteria; prohibiting persons who are
32 of at least a specified age from knowingly using
33 specified devices to seduce, solicit, lure, or entice
34 minors to, or attempt to, share specified images or
35 recorded images; providing criminal penalties;
36 providing enhanced criminal penalties; providing
37 applicability; amending s. 921.0022, F.S.; ranking
38 offenses on the offense severity ranking chart of the
39 Criminal Punishment Code; amending ss. 943.0435,
40 944.606, and 944.607, F.S.; revising the definition of
41 the term “sexual offender”; reenacting ss. 61.13(2)(c)
42 and (9)(c), 68.07(3)(i) and (6), 92.55(1)(b),
43 98.0751(2)(b), 394.9125(2), 397.487(10)(b),
44 435.07(4)(b), 775.0862(2), 900.05(2)(cc),
45 903.046(2)(m), 903.133, 907.043(4)(b), 921.1425(7)(d),
46 934.255(2)(a), 938.10(1), 943.0584(2), 943.0595(2)(a),
47 944.607(4)(a) and (9), 947.1405(12), 948.013(2)(b),
48 948.05(2)(f), 948.06(4), 948.30(4), 985.4815(9), and
49 1012.467(2)(b), F.S., relating to support of children,
50 parenting and time-sharing, and powers of court;
51 change of name; special protections in proceedings
52 involving a victim or witness younger than 18 years of
53 age, a person with intellectual disability, or a
54 sexual offense victim; restoration of voting rights
55 and termination of ineligibility subsequent to a
56 felony conviction; state attorneys and the authority
57 to refer a person for civil commitment; voluntary
58 certification of recovery residences; exemptions from
59 disqualification; sexual offenses against students by
60 authority figures and reclassification; criminal
61 justice data collection; purpose of and criteria for
62 bail determination; bail on appeal, prohibited for
63 certain felony convictions; pretrial release and
64 citizens’ right to know; sentences of death or life
65 imprisonment for capital sexual battery and further
66 proceedings to determine sentence; subpoenas in
67 investigations of sexual offenses; additional court
68 cost imposed in cases of certain crimes; criminal
69 history records ineligible for court-ordered
70 expunction or court-ordered sealing; automatic sealing
71 of criminal history records and confidentiality of
72 related court records; notification to the Department
73 of Law Enforcement of information on sexual offenders;
74 conditional release program; administrative probation;
75 court to admonish or commend probationer or offender
76 in community control and graduated incentives;
77 violation of probation or community control,
78 revocation, modification, continuance, and failure to
79 pay restitution or cost of supervision; additional
80 terms and conditions of probation or community control
81 for certain sex offenses; notification to the
82 department of information on juvenile sexual
83 offenders; and noninstructional contractors who are
84 permitted access to school grounds when students are
85 present and background screening requirements,
86 respectively, to incorporate the amendment made to s.
87 943.0435, F.S., in references thereto; reenacting s.
88 944.608(7), F.S., relating to notification to the
89 department of information on career offenders, to
90 incorporate the amendment made to s. 944.607, F.S., in
91 a reference thereto; reenacting s. 943.0435(3) and
92 (4)(a), F.S., relating to sexual offenders required to
93 register with the department and penalties, to
94 incorporate the amendments made to ss. 944.606 and
95 944.607, F.S., in references thereto; reenacting ss.
96 320.02(4), 322.141(3), 322.19(1) and (2), 775.13(4),
97 775.21(5)(d), (6)(f), and (10)(d), 775.261(3)(b),
98 948.06(4), and 948.063, F.S., relating to registration
99 required, applications for registration, and forms;
100 color or markings of certain licenses or
101 identification cards; change of address or name;
102 registration of convicted felons, exemptions, and
103 penalties; the Florida Sexual Predators Act; the
104 Florida Career Offender Registration Act; violation of
105 probation or community control, revocation,
106 modification, continuance, and failure to pay
107 restitution or cost of supervision; and violations of
108 probation or community control by designated sexual
109 offenders and sexual predators, respectively, to
110 incorporate the amendments made by this act to ss.
111 943.0435 and 944.607, F.S., in references thereto;
112 reenacting ss. 775.24(2), 775.25, 943.0436(2), 948.31,
113 and 985.04(6)(b), F.S., relating to the duty of the
114 court to uphold laws governing sexual predators and
115 sexual offenders; prosecutions for acts or omissions;
116 the duty of the court to uphold laws governing sexual
117 predators and sexual offenders; evaluation and
118 treatment of sexual predators and offenders on
119 probation or community control; and oaths, records,
120 confidential information, respectively, to incorporate
121 the amendments made to ss. 943.0435, 944.606, and
122 944.607, F.S., in references thereto; providing an
123 effective date.
124
125 Be It Enacted by the Legislature of the State of Florida:
126
127 Section 1. This act may be cited as the “Protect Our
128 Children Act.”
129 Section 2. Section 501.173, Florida Statutes, is created to
130 read:
131 501.173 Device filtering of content harmful to minors.—
132 (1) DEFINITIONS.—As used in this section, the term:
133 (a) “Activate” means the process of powering on a device
134 and associating it with a new user account.
135 (b) “Device” means a tablet or smartphone manufactured on
136 or after January 1, 2025.
137 (c) “Filter” means software installed on a device which is
138 capable of preventing the device from accessing or displaying
139 material that is harmful to minors through the Internet or
140 through an application owned and controlled by the manufacturer
141 and installed on the device.
142 (d) “Harmful to minors” has the same meaning as in s.
143 847.001.
144 (e) “Internet” means the global information system
145 logically linked together by a globally unique address space
146 based on the Internet protocol (IP), or its subsequent
147 extensions, which is able to support communications using the
148 transmission control protocol/Internet protocol suite, or its
149 subsequent extensions, or other IP-compatible protocols, and
150 which provides, uses, or makes accessible, either publicly or
151 privately, high-level services layered on communications and
152 related infrastructure.
153 (f) “Manufacturer” means a person that:
154 1. Is engaged in the business of manufacturing a device;
155 and
156 2. Has a registered agent in this state in accordance with
157 part I of chapter 607.
158 (g) “Minor” means an individual under the age of 18 who is
159 not emancipated, married, or a member of the Armed Forces of the
160 United States.
161 (h) “Smartphone” means an electronic device that combines a
162 cellular phone with a handheld computer, typically offering
163 Internet access, data storage, texting, and e-mail capabilities.
164 (i) “Tablet” means an Internet-ready device equipped with
165 an operating system, a touchscreen display, and a rechargeable
166 battery which has the ability to support access to a cellular
167 network.
168 (2) FILTER REQUIRED.—Beginning on January 1, 2025, a
169 manufacturer shall manufacture a device that, when activated in
170 this state, automatically enables a filter that does all of the
171 following:
172 (a) Prevents the user from accessing or downloading
173 material that is harmful to minors on any of the following:
174 1. A mobile data network.
175 2. An application owned and controlled by the manufacturer.
176 3. A wired Internet network.
177 4. A wireless Internet network.
178 (b) Notifies the user of the device when the filter blocks
179 the device from downloading an application or accessing an
180 Internet website.
181 (c) Gives a user with a password the opportunity to unblock
182 a filtered application or website.
183 (d) Reasonably precludes a user other than a user with a
184 password the opportunity to deactivate, modify, or uninstall the
185 filter.
186 (3) MANUFACTURER LIABILITY.—
187 (a) Beginning January 1, 2025, a manufacturer of a device
188 is subject to civil and criminal liability if:
189 1. The device is activated in this state;
190 2. The device does not, upon activation, enable a filter
191 that complies with the requirements described in subsection (2);
192 and
193 3. A minor accesses material that is harmful to minors on
194 the device.
195 (b) Notwithstanding paragraph (a), this section does not
196 apply to a manufacturer that makes a good faith effort to
197 provide a device that, upon activation of the device in this
198 state, automatically enables a generally accepted and
199 commercially reasonable filter in accordance with this section
200 and industry standards.
201 (4) INDIVIDUAL LIABILITY.—With the exception of a minor’s
202 parent or legal guardian, any person may be liable in a civil
203 action for enabling the password to remove the filter on a
204 device in the possession of a minor if the minor accesses
205 content that is harmful to minors on the device.
206 (5) PROCEEDINGS BY THE ATTORNEY GENERAL.—
207 (a) If the Attorney General has reason to believe a person
208 violated or is violating this section, the Attorney General,
209 acting in the public interest, may do any of the following:
210 1. Enjoin an action that constitutes a violation of this
211 section by issuing a temporary restraining order or preliminary
212 or permanent injunction.
213 2. Bring an action to recover from the alleged violator a
214 civil penalty not to exceed $5,000 per violation and not to
215 exceed a total of $50,000 in aggregate, as determined by the
216 court.
217 3. Bring an action to recover from the alleged violator the
218 Attorney General’s reasonable expenses, investigative costs, and
219 attorney fees.
220 4. Bring an action to obtain other appropriate relief as
221 provided for under this section.
222 (b) The Attorney General, in addition to other powers
223 conferred upon him or her by this subsection, may issue
224 subpoenas to any person and conduct hearings in aid of any
225 investigation or inquiry.
226 (c) The Attorney General may seek the revocation of any
227 license or certificate authorizing a manufacturer to engage in
228 business in this state.
229 (d) For purposes of assessing a penalty under this section,
230 a manufacturer is considered to have committed a separate
231 violation for each device manufactured on or after January 1,
232 2025, which violates this section.
233 (6) CIVIL ACTION BY THE PARENT OR LEGAL GUARDIAN.—
234 (a) Any parent or legal guardian of a minor who accesses
235 content that is harmful to minors in violation of this section
236 may bring a private cause of action in any court of competent
237 jurisdiction against a manufacturer that failed to comply with
238 this section. A prevailing plaintiff may recover any of the
239 following:
240 1. Actual damages or, in the discretion of the court when
241 actual damages are difficult to ascertain due to the nature of
242 the injury, liquidated damages in the amount of $50,000 for each
243 violation.
244 2. When a violation is found to be knowing and willful,
245 punitive damages in an amount determined by the court.
246 3. Nominal damages.
247 4. Such other relief as the court deems appropriate,
248 including court costs and expenses.
249 5. For a prevailing plaintiff, the collection of attorney
250 fees against a violating manufacturer.
251 (b) This section does not preclude the bringing of a class
252 action lawsuit against a manufacturer when its conduct in
253 violation of this section is knowing and willful.
254 (c) Any parent or legal guardian of a child may bring an
255 action in a court of competent jurisdiction against any person
256 who is not the parent or legal guardian of the child and who
257 enables the password to remove the filter from a device in the
258 possession of the child which results in the child’s exposure to
259 content that is harmful to minors.
260 (7) CRIMINAL PENALTIES.—
261 (a) Beginning on January 1, 2025, a person, with the
262 exception of a parent or legal guardian, may not enable the
263 password to remove the filter on a device in the possession of a
264 minor.
265 (b) A person who violates paragraph (a) is subject to a
266 fine not to exceed $5,000 for a first offense and not to exceed
267 $50,000 for a second offense. However, a person who violates
268 paragraph (a) for a second or subsequent time within 1 year of
269 the first violation commits a misdemeanor of the first degree,
270 punishable as provided in s. 775.082 or s. 775.083.
271 Section 3. Subsection (2) of section 787.025, Florida
272 Statutes, is amended to read:
273 787.025 Luring or enticing a child.—
274 (2)(a) A person 18 years of age or older who intentionally
275 lures or entices, or attempts to lure or entice, a child under
276 the age of 12 into a structure, dwelling, or conveyance for
277 other than a lawful purpose commits a felony misdemeanor of the
278 third first degree, punishable as provided in s. 775.082, or s.
279 775.083, or s. 775.084.
280 (b) A person 18 years of age or older who, having been
281 previously convicted of a violation of paragraph (a),
282 intentionally lures or entices, or attempts to lure or entice, a
283 child under the age of 12 into a structure, dwelling, or
284 conveyance for other than a lawful purpose commits a felony of
285 the second third degree, punishable as provided in s. 775.082,
286 s. 775.083, or s. 775.084.
287 (c) A person 18 years of age or older who, having been
288 previously convicted of a violation of chapter 794, s. 800.04,
289 or s. 847.0135(5), or a violation of a similar law of another
290 jurisdiction, intentionally lures or entices, or attempts to
291 lure or entice, a child under the age of 12 into a structure,
292 dwelling, or conveyance for other than a lawful purpose commits
293 a felony of the second third degree, punishable as provided in
294 s. 775.082, s. 775.083, or s. 775.084.
295 Section 4. Section 827.12, Florida Statutes, is created to
296 read:
297 827.12 Harmful communication with a minor; penalty.—
298 (1) As used in this section, the term:
299 (a) “Inappropriate relationship” means a relationship in
300 which a person 18 years of age or older engages in communication
301 with a minor which is explicit and includes detailed verbal
302 descriptions or narrative accounts of sexual conduct as defined
303 in s. 847.001 or sexual excitement for the purpose of sexual
304 excitement of either party using a computer online service,
305 Internet service, local bulletin board service, or any other
306 means or device capable of electronic data storage or
307 transmission.
308 (b) “Sexual excitement” has the same meaning as in s.
309 847.001.
310 (2)(a) A person 18 years of age or older may not knowingly
311 engage in any communication that is part of a pattern of
312 communication or behavior that is:
313 1. Designed to maintain an inappropriate relationship with
314 a minor or another person believed by the person to be a minor;
315 or
316 2. Harmful to minors as defined in s. 847.001.
317 (b) A person 18 years of age or older may not knowingly use
318 a computer online service, Internet service, local bulletin
319 board service, or any other means or device capable of
320 electronic data storage or transmission to seduce, solicit,
321 lure, or entice, or attempt to seduce, solicit, lure, or entice,
322 a minor or another person believed by the person to be a minor
323 to share an image or a recorded image depicting nudity of the
324 minor for the sexual excitement of either party. As used in this
325 paragraph, nudity has the same meaning as in s. 847.001.
326 (c) A person who violates this subsection commits the
327 offense of harmful communication with a minor.
328 (3)(a) Except as provided in paragraph (b), a person who
329 violates this section commits a felony of the third degree,
330 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
331 (b) A person who violates this section with a minor who is
332 younger than 12 years of age commits a felony of the second
333 degree, punishable as provided in s. 775.082, s. 775.083, or s.
334 775.084.
335 (4) This section does not apply to any act of medical
336 diagnosis, treatment, or educational conversations by a parent,
337 caregiver, or educator for the purposes of sexual education, and
338 not intended to elicit sexual excitement.
339 Section 5. Paragraphs (c) and (e) of subsection (3) of
340 section 921.0022, Florida Statutes, are amended to read:
341 921.0022 Criminal Punishment Code; offense severity ranking
342 chart.—
343 (3) OFFENSE SEVERITY RANKING CHART
344 (c) LEVEL 3
345
346 FloridaStatute FelonyDegree Description
347 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
348 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
349 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
350 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
351 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
352 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
353 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
354 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
355 327.35(2)(b) 3rd Felony BUI.
356 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
357 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
358 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
359 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
360 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
361 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
362 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
363 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
364 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
365 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
366 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
367 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
368 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
369 697.08 3rd Equity skimming.
370 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
371 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
372 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
373 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
374 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
375 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
376 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
377 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
378 812.081(2) 3rd Theft of a trade secret.
379 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
380 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
381 817.233 3rd Burning to defraud insurer.
382 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
383 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
384 817.236 3rd Filing a false motor vehicle insurance application.
385 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
386 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
387 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
388 827.12(3)(a) 3rd Harmful communication with a minor who is 12 years of age or older.
389 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
390 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
391 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
392 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
393 860.15(3) 3rd Overcharging for repairs and parts.
394 870.01(2) 3rd Riot.
395 870.01(4) 3rd Inciting a riot.
396 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
397 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
398 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
399 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
400 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
401 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
402 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
403 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
404 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
405 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
406 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
407 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
408 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
409 918.13(1) 3rd Tampering with or fabricating physical evidence.
410 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
411 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
412 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
413 (e) LEVEL 5
414
415 FloridaStatute FelonyDegree Description
416 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
417 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
418 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
419 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
420 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
421 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
422 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
423 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
424 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
425 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
426 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
427 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
428 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
429 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
430 790.01(3) 3rd Unlawful carrying of a concealed firearm.
431 790.162 2nd Threat to throw or discharge destructive device.
432 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
433 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
434 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
435 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
436 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
437 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
438 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
439 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
440 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
441 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
442 812.019(1) 2nd Stolen property; dealing in or trafficking in.
443 812.081(3) 2nd Trafficking in trade secrets.
444 812.131(2)(b) 3rd Robbery by sudden snatching.
445 812.16(2) 3rd Owning, operating, or conducting a chop shop.
446 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
447 827.12(3)(b) 2nd Harmful communication with a minor younger than 12 years of age.
448 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
449 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
450 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
451 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
452 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
453 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
454 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
455 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
456 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
457 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
458 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
459 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
460 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
461 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
462 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
463 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
464 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
465 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
466 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
467 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
468 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
469 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
470 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
471 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
472 Section 6. Paragraph (h) of subsection (1) of section
473 943.0435, Florida Statutes, is amended to read:
474 943.0435 Sexual offenders required to register with the
475 department; penalty.—
476 (1) As used in this section, the term:
477 (h)1. “Sexual offender” means a person who meets the
478 criteria in sub-subparagraph a., sub-subparagraph b., sub
479 subparagraph c., or sub-subparagraph d., as follows:
480 a.(I) Has been convicted of committing, or attempting,
481 soliciting, or conspiring to commit, any of the criminal
482 offenses proscribed in the following statutes in this state or
483 similar offenses in another jurisdiction: s. 393.135(2); s.
484 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
485 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
486 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
487 794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
488 810.145(8); s. 825.1025; s. 827.071; s. 827.12; s. 847.0133; s.
489 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
490 847.0145; s. 895.03, if the court makes a written finding that
491 the racketeering activity involved at least one sexual offense
492 listed in this sub-sub-subparagraph or at least one offense
493 listed in this sub-sub-subparagraph with sexual intent or
494 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
495 committed in this state which has been redesignated from a
496 former statute number to one of those listed in this sub-sub
497 subparagraph; and
498 (II) Has been released on or after October 1, 1997, from a
499 sanction imposed for any conviction of an offense described in
500 sub-sub-subparagraph (I) and does not otherwise meet the
501 criteria for registration as a sexual offender under chapter 944
502 or chapter 985. For purposes of this sub-sub-subparagraph, a
503 sanction imposed in this state or in any other jurisdiction
504 means probation, community control, parole, conditional release,
505 control release, or incarceration in a state prison, federal
506 prison, private correctional facility, or local detention
507 facility. If no sanction is imposed, the person is deemed to be
508 released upon conviction;
509 b. Establishes or maintains a residence in this state and
510 who has not been designated as a sexual predator by a court of
511 this state but who has been designated as a sexual predator, as
512 a sexually violent predator, or by another sexual offender
513 designation in another state or jurisdiction and was, as a
514 result of such designation, subjected to registration or
515 community or public notification, or both, or would be if the
516 person were a resident of that state or jurisdiction, without
517 regard to whether the person otherwise meets the criteria for
518 registration as a sexual offender;
519 c. Establishes or maintains a residence in this state who
520 is in the custody or control of, or under the supervision of,
521 any other state or jurisdiction as a result of a conviction for
522 committing, or attempting, soliciting, or conspiring to commit,
523 any of the criminal offenses proscribed in the following
524 statutes or similar offense in another jurisdiction: s.
525 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
526 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
527 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
528 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
529 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 827.12; s.
530 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
531 847.0138; s. 847.0145; s. 895.03, if the court makes a written
532 finding that the racketeering activity involved at least one
533 sexual offense listed in this sub-subparagraph or at least one
534 offense listed in this sub-subparagraph with sexual intent or
535 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
536 committed in this state which has been redesignated from a
537 former statute number to one of those listed in this sub
538 subparagraph; or
539 d. On or after July 1, 2007, has been adjudicated
540 delinquent for committing, or attempting, soliciting, or
541 conspiring to commit, any of the criminal offenses proscribed in
542 the following statutes in this state or similar offenses in
543 another jurisdiction when the juvenile was 14 years of age or
544 older at the time of the offense:
545 (I) Section 794.011, excluding s. 794.011(10);
546 (II) Section 800.04(4)(a)2. where the victim is under 12
547 years of age or where the court finds sexual activity by the use
548 of force or coercion;
549 (III) Section 800.04(5)(c)1. where the court finds
550 molestation involving unclothed genitals;
551 (IV) Section 800.04(5)(d) where the court finds the use of
552 force or coercion and unclothed genitals; or
553 (V) Any similar offense committed in this state which has
554 been redesignated from a former statute number to one of those
555 listed in this sub-subparagraph.
556 2. For all qualifying offenses listed in sub-subparagraph
557 1.d., the court shall make a written finding of the age of the
558 offender at the time of the offense.
559
560 For each violation of a qualifying offense listed in this
561 subsection, except for a violation of s. 794.011, the court
562 shall make a written finding of the age of the victim at the
563 time of the offense. For a violation of s. 800.04(4), the court
564 shall also make a written finding indicating whether the offense
565 involved sexual activity and indicating whether the offense
566 involved force or coercion. For a violation of s. 800.04(5), the
567 court shall also make a written finding that the offense did or
568 did not involve unclothed genitals or genital area and that the
569 offense did or did not involve the use of force or coercion.
570 Section 7. Paragraph (f) of subsection (1) of section
571 944.606, Florida Statutes, is amended to read:
572 944.606 Sexual offenders; notification upon release.—
573 (1) As used in this section, the term:
574 (f) “Sexual offender” means a person who has been convicted
575 of committing, or attempting, soliciting, or conspiring to
576 commit, any of the criminal offenses proscribed in the following
577 statutes in this state or similar offenses in another
578 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
579 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
580 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
581 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
582 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
583 827.071; s. 827.12; s. 847.0133; s. 847.0135, excluding s.
584 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
585 if the court makes a written finding that the racketeering
586 activity involved at least one sexual offense listed in this
587 paragraph or at least one offense listed in this paragraph with
588 sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or
589 any similar offense committed in this state which has been
590 redesignated from a former statute number to one of those listed
591 in this subsection, when the department has received verified
592 information regarding such conviction; an offender’s
593 computerized criminal history record is not, in and of itself,
594 verified information.
595 Section 8. Paragraph (f) of subsection (1) of section
596 944.607, Florida Statutes, is amended to read:
597 944.607 Notification to Department of Law Enforcement of
598 information on sexual offenders.—
599 (1) As used in this section, the term:
600 (f) “Sexual offender” means a person who is in the custody
601 or control of, or under the supervision of, the department or is
602 in the custody of a private correctional facility:
603 1. On or after October 1, 1997, as a result of a conviction
604 for committing, or attempting, soliciting, or conspiring to
605 commit, any of the criminal offenses proscribed in the following
606 statutes in this state or similar offenses in another
607 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
608 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
609 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
610 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
611 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
612 827.071; s. 827.12; s. 847.0133; s. 847.0135, excluding s.
613 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
614 if the court makes a written finding that the racketeering
615 activity involved at least one sexual offense listed in this
616 subparagraph or at least one offense listed in this subparagraph
617 with sexual intent or motive; s. 916.1075(2); or s. 985.701(1);
618 or any similar offense committed in this state which has been
619 redesignated from a former statute number to one of those listed
620 in this paragraph; or
621 2. Who establishes or maintains a residence in this state
622 and who has not been designated as a sexual predator by a court
623 of this state but who has been designated as a sexual predator,
624 as a sexually violent predator, or by another sexual offender
625 designation in another state or jurisdiction and was, as a
626 result of such designation, subjected to registration or
627 community or public notification, or both, or would be if the
628 person were a resident of that state or jurisdiction, without
629 regard as to whether the person otherwise meets the criteria for
630 registration as a sexual offender.
631 Section 9. For the purpose of incorporating the amendment
632 made by this act to section 943.0435, Florida Statutes, in
633 references thereto, paragraph (c) of subsection (2) and
634 paragraph (c) of subsection (9) of section 61.13, Florida
635 Statutes, are reenacted to read:
636 61.13 Support of children; parenting and time-sharing;
637 powers of court.—
638 (2)
639 (c) The court shall determine all matters relating to
640 parenting and time-sharing of each minor child of the parties in
641 accordance with the best interests of the child and in
642 accordance with the Uniform Child Custody Jurisdiction and
643 Enforcement Act, except that modification of a parenting plan
644 and time-sharing schedule requires a showing of a substantial
645 and material change of circumstances.
646 1. It is the public policy of this state that each minor
647 child has frequent and continuing contact with both parents
648 after the parents separate or the marriage of the parties is
649 dissolved and to encourage parents to share the rights and
650 responsibilities, and joys, of childrearing. Unless otherwise
651 provided in this section or agreed to by the parties, there is a
652 rebuttable presumption that equal time-sharing of a minor child
653 is in the best interests of the minor child. To rebut this
654 presumption, a party must prove by a preponderance of the
655 evidence that equal time-sharing is not in the best interests of
656 the minor child. Except when a time-sharing schedule is agreed
657 to by the parties and approved by the court, the court must
658 evaluate all of the factors set forth in subsection (3) and make
659 specific written findings of fact when creating or modifying a
660 time-sharing schedule.
661 2. The court shall order that the parental responsibility
662 for a minor child be shared by both parents unless the court
663 finds that shared parental responsibility would be detrimental
664 to the child. In determining detriment to the child, the court
665 shall consider:
666 a. Evidence of domestic violence, as defined in s. 741.28;
667 b. Whether either parent has or has had reasonable cause to
668 believe that he or she or his or her minor child or children are
669 or have been in imminent danger of becoming victims of an act of
670 domestic violence as defined in s. 741.28 or sexual violence as
671 defined in s. 784.046(1)(c) by the other parent against the
672 parent or against the child or children whom the parents share
673 in common regardless of whether a cause of action has been
674 brought or is currently pending in the court;
675 c. Whether either parent has or has had reasonable cause to
676 believe that his or her minor child or children are or have been
677 in imminent danger of becoming victims of an act of abuse as
678 defined in s. 39.01(2), abandonment as defined in s. 39.01(1),
679 or neglect as defined in s. 39.01(50) by the other parent
680 against the child or children whom the parents share in common
681 regardless of whether a cause of action has been brought or is
682 currently pending in the court; and
683 d. Any other relevant factors.
684 3. The following evidence creates a rebuttable presumption
685 that shared parental responsibility is detrimental to the child:
686 a. A parent has been convicted of a misdemeanor of the
687 first degree or higher involving domestic violence, as defined
688 in s. 741.28 and chapter 775;
689 b. A parent meets the criteria of s. 39.806(1)(d); or
690 c. A parent has been convicted of or had adjudication
691 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
692 at the time of the offense:
693 (I) The parent was 18 years of age or older.
694 (II) The victim was under 18 years of age or the parent
695 believed the victim to be under 18 years of age.
696
697 If the presumption is not rebutted after the convicted parent is
698 advised by the court that the presumption exists, shared
699 parental responsibility, including time-sharing with the child,
700 and decisions made regarding the child, may not be granted to
701 the convicted parent. However, the convicted parent is not
702 relieved of any obligation to provide financial support. If the
703 court determines that shared parental responsibility would be
704 detrimental to the child, it may order sole parental
705 responsibility and make such arrangements for time-sharing as
706 specified in the parenting plan as will best protect the child
707 or abused spouse from further harm. Whether or not there is a
708 conviction of any offense of domestic violence or child abuse or
709 the existence of an injunction for protection against domestic
710 violence, the court shall consider evidence of domestic violence
711 or child abuse as evidence of detriment to the child.
712 4. In ordering shared parental responsibility, the court
713 may consider the expressed desires of the parents and may grant
714 to one party the ultimate responsibility over specific aspects
715 of the child’s welfare or may divide those responsibilities
716 between the parties based on the best interests of the child.
717 Areas of responsibility may include education, health care, and
718 any other responsibilities that the court finds unique to a
719 particular family.
720 5. The court shall order sole parental responsibility for a
721 minor child to one parent, with or without time-sharing with the
722 other parent if it is in the best interests of the minor child.
723 6. There is a rebuttable presumption against granting time
724 sharing with a minor child if a parent has been convicted of or
725 had adjudication withheld for an offense enumerated in s.
726 943.0435(1)(h)1.a., and at the time of the offense:
727 a. The parent was 18 years of age or older.
728 b. The victim was under 18 years of age or the parent
729 believed the victim to be under 18 years of age.
730
731 A parent may rebut the presumption upon a specific finding in
732 writing by the court that the parent poses no significant risk
733 of harm to the child and that time-sharing is in the best
734 interests of the minor child. If the presumption is rebutted,
735 the court must consider all time-sharing factors in subsection
736 (3) when developing a time-sharing schedule.
737 7. Access to records and information pertaining to a minor
738 child, including, but not limited to, medical, dental, and
739 school records, may not be denied to either parent. Full rights
740 under this subparagraph apply to either parent unless a court
741 order specifically revokes these rights, including any
742 restrictions on these rights as provided in a domestic violence
743 injunction. A parent having rights under this subparagraph has
744 the same rights upon request as to form, substance, and manner
745 of access as are available to the other parent of a child,
746 including, without limitation, the right to in-person
747 communication with medical, dental, and education providers.
748 (9)
749 (c) A court may not order visitation at a recovery
750 residence if any resident of the recovery residence is currently
751 required to register as a sexual predator under s. 775.21 or as
752 a sexual offender under s. 943.0435.
753 Section 10. For the purpose of incorporating the amendment
754 made by this act to section 943.0435, Florida Statutes, in
755 references thereto, paragraph (i) of subsection (3) and
756 subsection (6) of section 68.07, Florida Statutes, are reenacted
757 to read:
758 68.07 Change of name.—
759 (3) Each petition shall be verified and show:
760 (i) Whether the petitioner has ever been required to
761 register as a sexual predator under s. 775.21 or as a sexual
762 offender under s. 943.0435.
763 (6) The clerk of the court must, within 5 business days
764 after the filing of the final judgment, send a report of the
765 judgment to the Department of Law Enforcement on a form to be
766 furnished by that department. If the petitioner is required to
767 register as a sexual predator or a sexual offender pursuant to
768 s. 775.21 or s. 943.0435, the clerk of court shall
769 electronically notify the Department of Law Enforcement of the
770 name change, in a manner prescribed by that department, within 2
771 business days after the filing of the final judgment. The
772 Department of Law Enforcement must send a copy of the report to
773 the Department of Highway Safety and Motor Vehicles, which may
774 be delivered by electronic transmission. The report must contain
775 sufficient information to identify the petitioner, including the
776 results of the criminal history records check if applicable, the
777 new name of the petitioner, and the file number of the judgment.
778 The Department of Highway Safety and Motor Vehicles shall
779 monitor the records of any sexual predator or sexual offender
780 whose name has been provided to it by the Department of Law
781 Enforcement. If the sexual predator or sexual offender does not
782 obtain a replacement driver license or identification card
783 within the required time as specified in s. 775.21 or s.
784 943.0435, the Department of Highway Safety and Motor Vehicles
785 shall notify the Department of Law Enforcement. The Department
786 of Law Enforcement shall notify applicable law enforcement
787 agencies of the predator’s or offender’s failure to comply with
788 registration requirements. Any information retained by the
789 Department of Law Enforcement and the Department of Highway
790 Safety and Motor Vehicles may be revised or supplemented by said
791 departments to reflect changes made by the final judgment. With
792 respect to a person convicted of a felony in another state or of
793 a federal offense, the Department of Law Enforcement must send
794 the report to the respective state’s office of law enforcement
795 records or to the office of the Federal Bureau of Investigation.
796 The Department of Law Enforcement may forward the report to any
797 other law enforcement agency it believes may retain information
798 related to the petitioner.
799 Section 11. For the purpose of incorporating the amendment
800 made by this act to section 943.0435, Florida Statutes, in a
801 reference thereto, paragraph (b) of subsection (1) of section
802 92.55, Florida Statutes, is reenacted to read:
803 92.55 Special protections in proceedings involving victim
804 or witness under 18, person with intellectual disability, or
805 sexual offense victim.—
806 (1) For purposes of this section, the term:
807 (b) “Sexual offense” means any offense specified in s.
808 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
809 Section 12. For the purpose of incorporating the amendment
810 made by this act to section 943.0435, Florida Statutes, in a
811 reference thereto, paragraph (b) of subsection (2) of section
812 98.0751, Florida Statutes, is reenacted to read:
813 98.0751 Restoration of voting rights; termination of
814 ineligibility subsequent to a felony conviction.—
815 (2) For purposes of this section, the term:
816 (b) “Felony sexual offense” means any of the following:
817 1. Any felony offense that serves as a predicate to
818 registration as a sexual offender in accordance with s.
819 943.0435;
820 2. Section 491.0112;
821 3. Section 784.049(3)(b);
822 4. Section 794.08;
823 5. Section 796.08;
824 6. Section 800.101;
825 7. Section 826.04;
826 8. Section 847.012;
827 9. Section 872.06(2);
828 10. Section 944.35(3)(b)2.;
829 11. Section 951.221(1); or
830 12. Any similar offense committed in another jurisdiction
831 which would be an offense listed in this paragraph if it had
832 been committed in violation of the laws of this state.
833 Section 13. For the purpose of incorporating the amendment
834 made by this act to section 943.0435, Florida Statutes, in a
835 reference thereto, subsection (2) of section 394.9125, Florida
836 Statutes, is reenacted to read:
837 394.9125 State attorney; authority to refer a person for
838 civil commitment.—
839 (2) A state attorney may refer a person to the department
840 for civil commitment proceedings if the person:
841 (a) Is required to register as a sexual offender pursuant
842 to s. 943.0435;
843 (b) Has previously been convicted of a sexually violent
844 offense as defined in s. 394.912(9)(a)-(h); and
845 (c) Has been sentenced to a term of imprisonment in a
846 county or municipal jail for any criminal offense.
847 Section 14. For the purpose of incorporating the amendment
848 made by this act to section 943.0435, Florida Statutes, in a
849 reference thereto, paragraph (b) of subsection (10) of section
850 397.487, Florida Statutes, is reenacted to read:
851 397.487 Voluntary certification of recovery residences.—
852 (10)
853 (b) A certified recovery residence may not allow a minor
854 child to visit a parent who is a resident of the recovery
855 residence at any time if any resident of the recovery residence
856 is currently required to register as a sexual predator under s.
857 775.21 or as a sexual offender under s. 943.0435.
858 Section 15. For the purpose of incorporating the amendment
859 made by this act to section 943.0435, Florida Statutes, in a
860 reference thereto, paragraph (b) of subsection (4) of section
861 435.07, Florida Statutes, as amended by chapter 2023-220, Laws
862 of Florida, is reenacted to read:
863 435.07 Exemptions from disqualification.—Unless otherwise
864 provided by law, the provisions of this section apply to
865 exemptions from disqualification for disqualifying offenses
866 revealed pursuant to background screenings required under this
867 chapter, regardless of whether those disqualifying offenses are
868 listed in this chapter or other laws.
869 (4)
870 (b) Disqualification from employment or affiliation under
871 this chapter may not be removed from, nor may an exemption be
872 granted to, any person who is a:
873 1. Sexual predator as designated pursuant to s. 775.21;
874 2. Career offender pursuant to s. 775.261; or
875 3. Sexual offender pursuant to s. 943.0435, unless the
876 requirement to register as a sexual offender has been removed
877 pursuant to s. 943.04354.
878 Section 16. For the purpose of incorporating the amendment
879 made by this act to section 943.0435, Florida Statutes, in a
880 reference thereto, subsection (2) of section 775.0862, Florida
881 Statutes, is reenacted to read:
882 775.0862 Sexual offenses against students by authority
883 figures; reclassification.—
884 (2) The felony degree of a violation of an offense listed
885 in s. 943.0435(1)(h)1.a., unless the offense is a violation of
886 s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
887 as provided in this section if the offense is committed by an
888 authority figure of a school against a student of the school.
889 Section 17. For the purpose of incorporating the amendment
890 made by this act to section 943.0435, Florida Statutes, in a
891 reference thereto, paragraph (cc) of subsection (2) of section
892 900.05, Florida Statutes, is reenacted to read:
893 900.05 Criminal justice data collection.—
894 (2) DEFINITIONS.—As used in this section, the term:
895 (cc) “Sexual offender flag” means an indication that a
896 defendant was required to register as a sexual predator as
897 defined in s. 775.21 or as a sexual offender as defined in s.
898 943.0435.
899 Section 18. For the purpose of incorporating the amendment
900 made by this act to section 943.0435, Florida Statutes, in a
901 reference thereto, paragraph (m) of subsection (2) of section
902 903.046, Florida Statutes, is reenacted to read:
903 903.046 Purpose of and criteria for bail determination.—
904 (2) When determining whether to release a defendant on bail
905 or other conditions, and what that bail or those conditions may
906 be, the court shall consider:
907 (m) Whether the defendant, other than a defendant whose
908 only criminal charge is a misdemeanor offense under chapter 316,
909 is required to register as a sexual offender under s. 943.0435
910 or a sexual predator under s. 775.21; and, if so, he or she is
911 not eligible for release on bail or surety bond until the first
912 appearance on the case in order to ensure the full participation
913 of the prosecutor and the protection of the public.
914 Section 19. For the purpose of incorporating the amendment
915 made by this act to section 943.0435, Florida Statutes, in a
916 reference thereto, section 903.133, Florida Statutes, is
917 reenacted to read:
918 903.133 Bail on appeal; prohibited for certain felony
919 convictions.—Notwithstanding s. 903.132, no person shall be
920 admitted to bail pending review either by posttrial motion or
921 appeal if he or she was adjudged guilty of:
922 (1) A felony of the first degree for a violation of s.
923 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s.
924 893.13, or s. 893.135;
925 (2) A violation of s. 794.011(2) or (3); or
926 (3) Any other offense requiring sexual offender
927 registration under s. 943.0435(1)(h) or sexual predator
928 registration under s. 775.21(4) when, at the time of the
929 offense, the offender was 18 years of age or older and the
930 victim was a minor.
931 Section 20. For the purpose of incorporating the amendment
932 made by this act to section 943.0435, Florida Statutes, in a
933 reference thereto, paragraph (b) of subsection (4) of section
934 907.043, Florida Statutes, is reenacted to read:
935 907.043 Pretrial release; citizens’ right to know.—
936 (4)
937 (b) The annual report must contain, but need not be limited
938 to:
939 1. The name, location, and funding sources of the pretrial
940 release program, including the amount of public funds, if any,
941 received by the pretrial release program.
942 2. The operating and capital budget of each pretrial
943 release program receiving public funds.
944 3.a. The percentage of the pretrial release program’s total
945 budget representing receipt of public funds.
946 b. The percentage of the total budget which is allocated to
947 assisting defendants obtain release through a nonpublicly funded
948 program.
949 c. The amount of fees paid by defendants to the pretrial
950 release program.
951 4. The number of persons employed by the pretrial release
952 program.
953 5. The number of defendants assessed and interviewed for
954 pretrial release.
955 6. The number of defendants recommended for pretrial
956 release.
957 7. The number of defendants for whom the pretrial release
958 program recommended against nonsecured release.
959 8. The number of defendants granted nonsecured release
960 after the pretrial release program recommended nonsecured
961 release.
962 9. The number of defendants assessed and interviewed for
963 pretrial release who were declared indigent by the court.
964 10. The number of defendants accepted into a pretrial
965 release program who paid a surety or cash bail or bond.
966 11. The number of defendants for whom a risk assessment
967 tool was used in determining whether the defendant should be
968 released pending the disposition of the case and the number of
969 defendants for whom a risk assessment tool was not used.
970 12. The specific statutory citation for each criminal
971 charge related to a defendant whose case is accepted into a
972 pretrial release program, including, at a minimum, the number of
973 defendants charged with dangerous crimes as defined in s.
974 907.041; nonviolent felonies; or misdemeanors only. A
975 “nonviolent felony” for purposes of this subparagraph excludes
976 the commission of, an attempt to commit, or a conspiracy to
977 commit any of the following:
978 a. An offense enumerated in s. 775.084(1)(c);
979 b. An offense that requires a person to register as a
980 sexual predator in accordance with s. 775.21 or as a sexual
981 offender in accordance with s. 943.0435;
982 c. Failure to register as a sexual predator in violation of
983 s. 775.21 or as a sexual offender in violation of s. 943.0435;
984 d. Facilitating or furthering terrorism in violation of s.
985 775.31;
986 e. A forcible felony as described in s. 776.08;
987 f. False imprisonment in violation of s. 787.02;
988 g. Burglary of a dwelling or residence in violation of s.
989 810.02(3);
990 h. Abuse, aggravated abuse, and neglect of an elderly
991 person or disabled adult in violation of s. 825.102;
992 i. Abuse, aggravated abuse, and neglect of a child in
993 violation of s. 827.03;
994 j. Poisoning of food or water in violation of s. 859.01;
995 k. Abuse of a dead human body in violation of s. 872.06;
996 l. A capital offense in violation of chapter 893;
997 m. An offense that results in serious bodily injury or
998 death to another human; or
999 n. A felony offense in which the defendant used a weapon or
1000 firearm in the commission of the offense.
1001 13. The number of defendants accepted into a pretrial
1002 release program with no prior criminal conviction.
1003 14. The name and case number of each person granted
1004 nonsecured release who:
1005 a. Failed to attend a scheduled court appearance.
1006 b. Was issued a warrant for failing to appear.
1007 c. Was arrested for any offense while on release through
1008 the pretrial release program.
1009 15. Any additional information deemed necessary by the
1010 governing body to assess the performance and cost efficiency of
1011 the pretrial release program.
1012 Section 21. For the purpose of incorporating the amendment
1013 made by this act to section 943.0435, Florida Statutes, in a
1014 reference thereto, paragraph (d) of subsection (7) of section
1015 921.1425, Florida Statutes, is reenacted to read:
1016 921.1425 Sentence of death or life imprisonment for capital
1017 sexual battery; further proceedings to determine sentence.—
1018 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
1019 limited to the following:
1020 (d) The capital felony was committed by a sexual offender
1021 who is required to register pursuant to s. 943.0435 or a person
1022 previously required to register as a sexual offender who had
1023 such requirement removed.
1024 Section 22. For the purpose of incorporating the amendment
1025 made by this act to section 943.0435, Florida Statutes, in a
1026 reference thereto, paragraph (a) of subsection (2) of section
1027 934.255, Florida Statutes, is reenacted to read:
1028 934.255 Subpoenas in investigations of sexual offenses.—
1029 (2) An investigative or law enforcement officer who is
1030 conducting an investigation into:
1031 (a) Allegations of the sexual abuse of a child or an
1032 individual’s suspected commission of a crime listed in s.
1033 943.0435(1)(h)1.a.(I) may use a subpoena to compel the
1034 production of records, documents, or other tangible objects and
1035 the testimony of the subpoena recipient concerning the
1036 production and authenticity of such records, documents, or
1037 objects, except as provided in paragraphs (b) and (c).
1038
1039 A subpoena issued under this subsection must describe the
1040 records, documents, or other tangible objects required to be
1041 produced, and must prescribe a date by which such records,
1042 documents, or other tangible objects must be produced.
1043 Section 23. For the purpose of incorporating the amendment
1044 made by this act to section 943.0435, Florida Statutes, in a
1045 reference thereto, subsection (1) of section 938.10, Florida
1046 Statutes, is reenacted to read:
1047 938.10 Additional court cost imposed in cases of certain
1048 crimes.—
1049 (1) If a person pleads guilty or nolo contendere to, or is
1050 found guilty of, regardless of adjudication, any offense against
1051 a minor in violation of s. 784.085, chapter 787, chapter 794,
1052 former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
1053 847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
1054 s. 893.147(3), or s. 985.701, or any offense in violation of s.
1055 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
1056 court shall impose a court cost of $151 against the offender in
1057 addition to any other cost or penalty required by law.
1058 Section 24. For the purpose of incorporating the amendment
1059 made by this act to section 943.0435, Florida Statutes, in a
1060 reference thereto, subsection (2) of section 943.0584, Florida
1061 Statutes, is reenacted to read:
1062 943.0584 Criminal history records ineligible for court
1063 ordered expunction or court-ordered sealing.—
1064 (2) A criminal history record is ineligible for a
1065 certificate of eligibility for expunction or a court-ordered
1066 expunction pursuant to s. 943.0585 or a certificate of
1067 eligibility for sealing or a court-ordered sealing pursuant to
1068 s. 943.059 if the record is a conviction for any of the
1069 following offenses:
1070 (a) Sexual misconduct, as defined in s. 393.135, s.
1071 394.4593, or s. 916.1075;
1072 (b) Illegal use of explosives, as defined in chapter 552;
1073 (c) Terrorism, as defined in s. 775.30;
1074 (d) Murder, as defined in s. 782.04, s. 782.065, or s.
1075 782.09;
1076 (e) Manslaughter or homicide, as defined in s. 782.07, s.
1077 782.071, or s. 782.072;
1078 (f) Assault or battery, as defined in ss. 784.011 and
1079 784.03, respectively, of one family or household member by
1080 another family or household member, as defined in s. 741.28(3);
1081 (g) Aggravated assault, as defined in s. 784.021;
1082 (h) Felony battery, domestic battery by strangulation, or
1083 aggravated battery, as defined in ss. 784.03, 784.041, and
1084 784.045, respectively;
1085 (i) Stalking or aggravated stalking, as defined in s.
1086 784.048;
1087 (j) Luring or enticing a child, as defined in s. 787.025;
1088 (k) Human trafficking, as defined in s. 787.06;
1089 (l) Kidnapping or false imprisonment, as defined in s.
1090 787.01 or s. 787.02;
1091 (m) Any offense defined in chapter 794;
1092 (n) Procuring a person less than 18 years of age for
1093 prostitution, as defined in former s. 796.03;
1094 (o) Lewd or lascivious offenses committed upon or in the
1095 presence of persons less than 16 years of age, as defined in s.
1096 800.04;
1097 (p) Arson, as defined in s. 806.01;
1098 (q) Burglary of a dwelling, as defined in s. 810.02;
1099 (r) Voyeurism or video voyeurism, as defined in ss. 810.14
1100 and 810.145, respectively;
1101 (s) Robbery or robbery by sudden snatching, as defined in
1102 ss. 812.13 and 812.131, respectively;
1103 (t) Carjacking, as defined in s. 812.133;
1104 (u) Home-invasion robbery, as defined in s. 812.135;
1105 (v) A violation of the Florida Communications Fraud Act, as
1106 provided in s. 817.034;
1107 (w) Abuse of an elderly person or disabled adult, or
1108 aggravated abuse of an elderly person or disabled adult, as
1109 defined in s. 825.102;
1110 (x) Lewd or lascivious offenses committed upon or in the
1111 presence of an elderly person or disabled person, as defined in
1112 s. 825.1025;
1113 (y) Child abuse or aggravated child abuse, as defined in s.
1114 827.03;
1115 (z) Sexual performance by a child, as defined in s.
1116 827.071;
1117 (aa) Any offense defined in chapter 839;
1118 (bb) Certain acts in connection with obscenity, as defined
1119 in s. 847.0133;
1120 (cc) Any offense defined in s. 847.0135;
1121 (dd) Selling or buying of minors, as defined in s.
1122 847.0145;
1123 (ee) Aircraft piracy, as defined in s. 860.16;
1124 (ff) Manufacturing a controlled substance in violation of
1125 chapter 893;
1126 (gg) Drug trafficking, as defined in s. 893.135; or
1127 (hh) Any violation specified as a predicate offense for
1128 registration as a sexual predator pursuant to s. 775.21, or
1129 sexual offender pursuant to s. 943.0435, without regard to
1130 whether that offense alone is sufficient to require such
1131 registration.
1132 Section 25. For the purpose of incorporating the amendment
1133 made by this act to section 943.0435, Florida Statutes, in a
1134 reference thereto, paragraph (a) of subsection (2) of section
1135 943.0595, Florida Statutes, is reenacted to read:
1136 943.0595 Automatic sealing of criminal history records;
1137 confidentiality of related court records.—
1138 (2) ELIGIBILITY.—
1139 (a) The department shall automatically seal a criminal
1140 history record that does not result from an indictment,
1141 information, or other charging document for a forcible felony as
1142 defined in s. 776.08 or for an offense enumerated in s.
1143 943.0435(1)(h)1.a.(I), if:
1144 1. An indictment, information, or other charging document
1145 was not filed or issued in the case giving rise to the criminal
1146 history record.
1147 2. An indictment, information, or other charging document
1148 was filed in the case giving rise to the criminal history
1149 record, but was dismissed or nolle prosequi by the state
1150 attorney or statewide prosecutor or was dismissed by a court of
1151 competent jurisdiction as to all counts. However, a person is
1152 not eligible for automatic sealing under this section if the
1153 dismissal was pursuant to s. 916.145 or s. 985.19.
1154 3. A not guilty verdict was rendered by a judge or jury as
1155 to all counts. However, a person is not eligible for automatic
1156 sealing under this section if the defendant was found not guilty
1157 by reason of insanity.
1158 4. A judgment of acquittal was rendered by a judge as to
1159 all counts.
1160 Section 26. For the purpose of incorporating the amendment
1161 made by this act to section 943.0435, Florida Statutes, in
1162 references thereto, paragraph (a) of subsection (4) and
1163 subsection (9) of section 944.607, Florida Statutes, are
1164 reenacted to read:
1165 944.607 Notification to Department of Law Enforcement of
1166 information on sexual offenders.—
1167 (4) A sexual offender, as described in this section, who is
1168 under the supervision of the Department of Corrections but is
1169 not incarcerated shall register with the Department of
1170 Corrections within 3 business days after sentencing for a
1171 registrable offense and otherwise provide information as
1172 required by this subsection.
1173 (a) The sexual offender shall provide his or her name; date
1174 of birth; social security number; race; sex; height; weight;
1175 hair and eye color; tattoos or other identifying marks; all
1176 electronic mail addresses and Internet identifiers required to
1177 be provided pursuant to s. 943.0435(4)(e); employment
1178 information required to be provided pursuant to s.
1179 943.0435(4)(e); all home telephone numbers and cellular
1180 telephone numbers required to be provided pursuant to s.
1181 943.0435(4)(e); the make, model, color, vehicle identification
1182 number (VIN), and license tag number of all vehicles owned;
1183 permanent or legal residence and address of temporary residence
1184 within the state or out of state while the sexual offender is
1185 under supervision in this state, including any rural route
1186 address or post office box; if no permanent or temporary
1187 address, any transient residence within the state; and address,
1188 location or description, and dates of any current or known
1189 future temporary residence within the state or out of state. The
1190 sexual offender shall also produce his or her passport, if he or
1191 she has a passport, and, if he or she is an alien, shall produce
1192 or provide information about documents establishing his or her
1193 immigration status. The sexual offender shall also provide
1194 information about any professional licenses he or she has. The
1195 Department of Corrections shall verify the address of each
1196 sexual offender in the manner described in ss. 775.21 and
1197 943.0435. The department shall report to the Department of Law
1198 Enforcement any failure by a sexual predator or sexual offender
1199 to comply with registration requirements.
1200 (9) A sexual offender, as described in this section, who is
1201 under the supervision of the Department of Corrections but who
1202 is not incarcerated shall, in addition to the registration
1203 requirements provided in subsection (4), register and obtain a
1204 distinctive driver license or identification card in the manner
1205 provided in s. 943.0435(3), (4), and (5), unless the sexual
1206 offender is a sexual predator, in which case he or she shall
1207 register and obtain a distinctive driver license or
1208 identification card as required under s. 775.21. A sexual
1209 offender who fails to comply with the requirements of s.
1210 943.0435 is subject to the penalties provided in s. 943.0435(9).
1211 Section 27. For the purpose of incorporating the amendment
1212 made by this act to section 943.0435, Florida Statutes, in a
1213 reference thereto, subsection (12) of section 947.1405, Florida
1214 Statutes, is reenacted to read:
1215 947.1405 Conditional release program.—
1216 (12) In addition to all other conditions imposed, for a
1217 releasee who is subject to conditional release for a crime that
1218 was committed on or after May 26, 2010, and who has been
1219 convicted at any time of committing, or attempting, soliciting,
1220 or conspiring to commit, any of the criminal offenses listed in
1221 s. 943.0435(1)(h)1.a.(I), or a similar offense in another
1222 jurisdiction against a victim who was under 18 years of age at
1223 the time of the offense, if the releasee has not received a
1224 pardon for any felony or similar law of another jurisdiction
1225 necessary for the operation of this subsection, if a conviction
1226 of a felony or similar law of another jurisdiction necessary for
1227 the operation of this subsection has not been set aside in any
1228 postconviction proceeding, or if the releasee has not been
1229 removed from the requirement to register as a sexual offender or
1230 sexual predator pursuant to s. 943.04354, the commission must
1231 impose the following conditions:
1232 (a) A prohibition on visiting schools, child care
1233 facilities, parks, and playgrounds without prior approval from
1234 the releasee’s supervising officer. The commission may also
1235 designate additional prohibited locations to protect a victim.
1236 The prohibition ordered under this paragraph does not prohibit
1237 the releasee from visiting a school, child care facility, park,
1238 or playground for the sole purpose of attending a religious
1239 service as defined in s. 775.0861 or picking up or dropping off
1240 the releasee’s child or grandchild at a child care facility or
1241 school.
1242 (b) A prohibition on distributing candy or other items to
1243 children on Halloween; wearing a Santa Claus costume, or other
1244 costume to appeal to children, on or preceding Christmas;
1245 wearing an Easter Bunny costume, or other costume to appeal to
1246 children, on or preceding Easter; entertaining at children’s
1247 parties; or wearing a clown costume without prior approval from
1248 the commission.
1249 Section 28. For the purpose of incorporating the amendment
1250 made by this act to section 943.0435, Florida Statutes, in a
1251 reference thereto, paragraph (b) of subsection (2) of section
1252 948.013, Florida Statutes, is reenacted to read:
1253 948.013 Administrative probation.—
1254 (2)
1255 (b) Effective for an offense committed on or after October
1256 1, 2017, a person is ineligible for placement on administrative
1257 probation if the person is sentenced to or is serving a term of
1258 probation or community control, regardless of the conviction or
1259 adjudication, for committing, or attempting, conspiring, or
1260 soliciting to commit, any of the felony offenses described in s.
1261 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a.
1262 Section 29. For the purpose of incorporating the amendment
1263 made by this act to section 943.0435, Florida Statutes, in a
1264 reference thereto, paragraph (f) of subsection (2) of section
1265 948.05, Florida Statutes, is reenacted to read:
1266 948.05 Court to admonish or commend probationer or offender
1267 in community control; graduated incentives.—
1268 (2) The department shall implement a system of graduated
1269 incentives to promote compliance with the terms of supervision,
1270 encourage educational achievement and stable employment, and
1271 prioritize the highest levels of supervision for probationers or
1272 offenders presenting the greatest risk of recidivism.
1273 (f) A probationer or offender in community control who is
1274 placed under supervision for committing or attempting,
1275 soliciting, or conspiring to commit a violation of any felony
1276 offense described in s. 775.21(4)(a)1.a. or b. or s.
1277 943.0435(1)(h)1.a., or who qualifies as a violent felony
1278 offender of special concern under s. 948.06(8)(b) is not
1279 eligible for any reduction of his or her term of supervision
1280 under this section.
1281 Section 30. For the purpose of incorporating the amendment
1282 made by this act to section 943.0435, Florida Statutes, in a
1283 reference thereto, subsection (4) of section 948.06, Florida
1284 Statutes, is reenacted to read:
1285 948.06 Violation of probation or community control;
1286 revocation; modification; continuance; failure to pay
1287 restitution or cost of supervision.—
1288 (4) Notwithstanding any other provision of this section, a
1289 felony probationer or an offender in community control who is
1290 arrested for violating his or her probation or community control
1291 in a material respect may be taken before the court in the
1292 county or circuit in which the probationer or offender was
1293 arrested. That court shall advise him or her of the charge of a
1294 violation and, if such charge is admitted, shall cause him or
1295 her to be brought before the court that granted the probation or
1296 community control. If the violation is not admitted by the
1297 probationer or offender, the court may commit him or her or
1298 release him or her with or without bail to await further
1299 hearing. However, if the probationer or offender is under
1300 supervision for any criminal offense proscribed in chapter 794,
1301 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
1302 registered sexual predator or a registered sexual offender, or
1303 is under supervision for a criminal offense for which he or she
1304 would meet the registration criteria in s. 775.21, s. 943.0435,
1305 or s. 944.607 but for the effective date of those sections, the
1306 court must make a finding that the probationer or offender is
1307 not a danger to the public prior to release with or without
1308 bail. In determining the danger posed by the offender’s or
1309 probationer’s release, the court may consider the nature and
1310 circumstances of the violation and any new offenses charged; the
1311 offender’s or probationer’s past and present conduct, including
1312 convictions of crimes; any record of arrests without conviction
1313 for crimes involving violence or sexual crimes; any other
1314 evidence of allegations of unlawful sexual conduct or the use of
1315 violence by the offender or probationer; the offender’s or
1316 probationer’s family ties, length of residence in the community,
1317 employment history, and mental condition; his or her history and
1318 conduct during the probation or community control supervision
1319 from which the violation arises and any other previous
1320 supervisions, including disciplinary records of previous
1321 incarcerations; the likelihood that the offender or probationer
1322 will engage again in a criminal course of conduct; the weight of
1323 the evidence against the offender or probationer; and any other
1324 facts the court considers relevant. The court, as soon as is
1325 practicable, shall give the probationer or offender an
1326 opportunity to be fully heard on his or her behalf in person or
1327 by counsel. After the hearing, the court shall make findings of
1328 fact and forward the findings to the court that granted the
1329 probation or community control and to the probationer or
1330 offender or his or her attorney. The findings of fact by the
1331 hearing court are binding on the court that granted the
1332 probation or community control. Upon the probationer or offender
1333 being brought before it, the court that granted the probation or
1334 community control may revoke, modify, or continue the probation
1335 or community control or may place the probationer into community
1336 control as provided in this section. However, the probationer or
1337 offender shall not be released and shall not be admitted to
1338 bail, but shall be brought before the court that granted the
1339 probation or community control if any violation of felony
1340 probation or community control other than a failure to pay costs
1341 or fines or make restitution payments is alleged to have been
1342 committed by:
1343 (a) A violent felony offender of special concern, as
1344 defined in this section;
1345 (b) A person who is on felony probation or community
1346 control for any offense committed on or after the effective date
1347 of this act and who is arrested for a qualifying offense as
1348 defined in this section; or
1349 (c) A person who is on felony probation or community
1350 control and has previously been found by a court to be a
1351 habitual violent felony offender as defined in s. 775.084(1)(b),
1352 a three-time violent felony offender as defined in s.
1353 775.084(1)(c), or a sexual predator under s. 775.21, and who is
1354 arrested for committing a qualifying offense as defined in this
1355 section on or after the effective date of this act.
1356 Section 31. For the purpose of incorporating the amendment
1357 made by this act to section 943.0435, Florida Statutes, in a
1358 reference thereto, subsection (4) of section 948.30, Florida
1359 Statutes, is reenacted to read:
1360 948.30 Additional terms and conditions of probation or
1361 community control for certain sex offenses.—Conditions imposed
1362 pursuant to this section do not require oral pronouncement at
1363 the time of sentencing and shall be considered standard
1364 conditions of probation or community control for offenders
1365 specified in this section.
1366 (4) In addition to all other conditions imposed, for a
1367 probationer or community controllee who is subject to
1368 supervision for a crime that was committed on or after May 26,
1369 2010, and who has been convicted at any time of committing, or
1370 attempting, soliciting, or conspiring to commit, any of the
1371 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
1372 similar offense in another jurisdiction, against a victim who
1373 was under the age of 18 at the time of the offense; if the
1374 offender has not received a pardon for any felony or similar law
1375 of another jurisdiction necessary for the operation of this
1376 subsection, if a conviction of a felony or similar law of
1377 another jurisdiction necessary for the operation of this
1378 subsection has not been set aside in any postconviction
1379 proceeding, or if the offender has not been removed from the
1380 requirement to register as a sexual offender or sexual predator
1381 pursuant to s. 943.04354, the court must impose the following
1382 conditions:
1383 (a) A prohibition on visiting schools, child care
1384 facilities, parks, and playgrounds, without prior approval from
1385 the offender’s supervising officer. The court may also designate
1386 additional locations to protect a victim. The prohibition
1387 ordered under this paragraph does not prohibit the offender from
1388 visiting a school, child care facility, park, or playground for
1389 the sole purpose of attending a religious service as defined in
1390 s. 775.0861 or picking up or dropping off the offender’s
1391 children or grandchildren at a child care facility or school.
1392 (b) A prohibition on distributing candy or other items to
1393 children on Halloween; wearing a Santa Claus costume, or other
1394 costume to appeal to children, on or preceding Christmas;
1395 wearing an Easter Bunny costume, or other costume to appeal to
1396 children, on or preceding Easter; entertaining at children’s
1397 parties; or wearing a clown costume; without prior approval from
1398 the court.
1399 Section 32. For the purpose of incorporating the amendment
1400 made by this act to section 943.0435, Florida Statutes, in a
1401 reference thereto, subsection (9) of section 985.4815, Florida
1402 Statutes, is reenacted to read:
1403 985.4815 Notification to Department of Law Enforcement of
1404 information on juvenile sexual offenders.—
1405 (9) A sexual offender, as described in this section, who is
1406 under the care, jurisdiction, or supervision of the department
1407 but who is not incarcerated shall, in addition to the
1408 registration requirements provided in subsection (4), register
1409 in the manner provided in s. 943.0435(3), (4), and (5), unless
1410 the sexual offender is a sexual predator, in which case he or
1411 she shall register as required under s. 775.21. A sexual
1412 offender who fails to comply with the requirements of s.
1413 943.0435 is subject to the penalties provided in s. 943.0435(9).
1414 Section 33. For the purpose of incorporating the amendment
1415 made by this act to section 943.0435, Florida Statutes, in a
1416 reference thereto, paragraph (b) of subsection (2) of section
1417 1012.467, Florida Statutes, is reenacted to read:
1418 1012.467 Noninstructional contractors who are permitted
1419 access to school grounds when students are present; background
1420 screening requirements.—
1421 (2)
1422 (b) A noninstructional contractor for whom a criminal
1423 history check is required under this section may not have been
1424 convicted of any of the following offenses designated in the
1425 Florida Statutes, any similar offense in another jurisdiction,
1426 or any similar offense committed in this state which has been
1427 redesignated from a former provision of the Florida Statutes to
1428 one of the following offenses:
1429 1. Any offense listed in s. 943.0435(1)(h)1., relating to
1430 the registration of an individual as a sexual offender.
1431 2. Section 393.135, relating to sexual misconduct with
1432 certain developmentally disabled clients and the reporting of
1433 such sexual misconduct.
1434 3. Section 394.4593, relating to sexual misconduct with
1435 certain mental health patients and the reporting of such sexual
1436 misconduct.
1437 4. Section 775.30, relating to terrorism.
1438 5. Section 782.04, relating to murder.
1439 6. Section 787.01, relating to kidnapping.
1440 7. Any offense under chapter 800, relating to lewdness and
1441 indecent exposure.
1442 8. Section 826.04, relating to incest.
1443 9. Section 827.03, relating to child abuse, aggravated
1444 child abuse, or neglect of a child.
1445 Section 34. For the purpose of incorporating the amendment
1446 made by this act to section 944.607, Florida Statutes, in a
1447 reference thereto, subsection (7) of section 944.608, Florida
1448 Statutes, is reenacted to read:
1449 944.608 Notification to Department of Law Enforcement of
1450 information on career offenders.—
1451 (7) A career offender who is under the supervision of the
1452 department but who is not incarcerated shall, in addition to the
1453 registration requirements provided in subsection (3), register
1454 in the manner provided in s. 775.261(4)(c), unless the career
1455 offender is a sexual predator, in which case he or she shall
1456 register as required under s. 775.21, or is a sexual offender,
1457 in which case he or she shall register as required in s.
1458 944.607. A career offender who fails to comply with the
1459 requirements of s. 775.261(4) is subject to the penalties
1460 provided in s. 775.261(8).
1461 Section 35. For the purpose of incorporating the amendments
1462 made by this act to sections 944.606 and 944.607, Florida
1463 Statutes, in references thereto, subsection (3) and paragraph
1464 (a) of subsection (4) of section 943.0435, Florida Statutes, are
1465 reenacted to read:
1466 943.0435 Sexual offenders required to register with the
1467 department; penalty.—
1468 (3) Within 48 hours after the report required under
1469 subsection (2), a sexual offender shall report in person at a
1470 driver license office of the Department of Highway Safety and
1471 Motor Vehicles, unless a driver license or identification card
1472 that complies with the requirements of s. 322.141(3) was
1473 previously secured or updated under s. 944.607. At the driver
1474 license office the sexual offender shall:
1475 (a) If otherwise qualified, secure a Florida driver
1476 license, renew a Florida driver license, or secure an
1477 identification card. The sexual offender shall identify himself
1478 or herself as a sexual offender who is required to comply with
1479 this section and shall provide proof that the sexual offender
1480 reported as required in subsection (2). The sexual offender
1481 shall provide any of the information specified in subsection
1482 (2), if requested. The sexual offender shall submit to the
1483 taking of a photograph for use in issuing a driver license,
1484 renewed license, or identification card, and for use by the
1485 department in maintaining current records of sexual offenders.
1486 (b) Pay the costs assessed by the Department of Highway
1487 Safety and Motor Vehicles for issuing or renewing a driver
1488 license or identification card as required by this section. The
1489 driver license or identification card issued must be in
1490 compliance with s. 322.141(3).
1491 (c) Provide, upon request, any additional information
1492 necessary to confirm the identity of the sexual offender,
1493 including a set of fingerprints.
1494 (4)(a) Each time a sexual offender’s driver license or
1495 identification card is subject to renewal, and, without regard
1496 to the status of the offender’s driver license or identification
1497 card, within 48 hours after any change in the offender’s
1498 permanent, temporary, or transient residence or change in the
1499 offender’s name by reason of marriage or other legal process,
1500 the offender shall report in person to a driver license office,
1501 and is subject to the requirements specified in subsection (3).
1502 The Department of Highway Safety and Motor Vehicles shall
1503 forward to the department all photographs and information
1504 provided by sexual offenders. Notwithstanding the restrictions
1505 set forth in s. 322.142, the Department of Highway Safety and
1506 Motor Vehicles may release a reproduction of a color-photograph
1507 or digital-image license to the Department of Law Enforcement
1508 for purposes of public notification of sexual offenders as
1509 provided in this section and ss. 943.043 and 944.606. A sexual
1510 offender who is unable to secure or update a driver license or
1511 an identification card with the Department of Highway Safety and
1512 Motor Vehicles as provided in subsection (3) and this subsection
1513 shall also report any change in the sexual offender’s permanent,
1514 temporary, or transient residence or change in the offender’s
1515 name by reason of marriage or other legal process within 48
1516 hours after the change to the sheriff’s office in the county
1517 where the offender resides or is located and provide
1518 confirmation that he or she reported such information to the
1519 Department of Highway Safety and Motor Vehicles. The reporting
1520 requirements under this paragraph do not negate the requirement
1521 for a sexual offender to obtain a Florida driver license or an
1522 identification card as required in this section.
1523 Section 36. For the purpose of incorporating the amendments
1524 made by this act to sections 943.0435 and 944.607, Florida
1525 Statutes, in references thereto, subsection (4) of section
1526 320.02, Florida Statutes, is reenacted to read:
1527 320.02 Registration required; application for registration;
1528 forms.—
1529 (4) Except as provided in ss. 775.21, 775.261, 943.0435,
1530 944.607, and 985.4815, the owner of any motor vehicle registered
1531 in the state shall notify the department in writing of any
1532 change of address within 30 days of such change. The
1533 notification shall include the registration license plate
1534 number, the vehicle identification number (VIN) or title
1535 certificate number, year of vehicle make, and the owner’s full
1536 name.
1537 Section 37. For the purpose of incorporating the amendments
1538 made by this act to sections 943.0435 and 944.607, Florida
1539 Statutes, in references thereto, subsection (3) of section
1540 322.141, Florida Statutes, is reenacted to read:
1541 322.141 Color or markings of certain licenses or
1542 identification cards.—
1543 (3) All licenses for the operation of motor vehicles or
1544 identification cards originally issued or reissued by the
1545 department to persons who are designated as sexual predators
1546 under s. 775.21 or subject to registration as sexual offenders
1547 under s. 943.0435 or s. 944.607, or who have a similar
1548 designation or are subject to a similar registration under the
1549 laws of another jurisdiction, shall have on the front of the
1550 license or identification card the following:
1551 (a) For a person designated as a sexual predator under s.
1552 775.21 or who has a similar designation under the laws of
1553 another jurisdiction, the marking “SEXUAL PREDATOR.”
1554 (b) For a person subject to registration as a sexual
1555 offender under s. 943.0435 or s. 944.607, or subject to a
1556 similar registration under the laws of another jurisdiction, the
1557 marking “943.0435, F.S.”
1558 Section 38. For the purpose of incorporating the amendments
1559 made by this act to sections 943.0435 and 944.607, Florida
1560 Statutes, in references thereto, subsections (1) and (2) of
1561 section 322.19, Florida Statutes, are reenacted to read:
1562 322.19 Change of address or name.—
1563 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
1564 944.607, and 985.4815, whenever any person, after applying for
1565 or receiving a driver license or identification card, changes
1566 his or her legal name, that person must within 30 days
1567 thereafter obtain a replacement license or card that reflects
1568 the change.
1569 (2) If a person, after applying for or receiving a driver
1570 license or identification card, changes the legal residence or
1571 mailing address in the application, license, or card, the person
1572 must, within 30 calendar days after making the change, obtain a
1573 replacement license or card that reflects the change. A written
1574 request to the department must include the old and new addresses
1575 and the driver license or identification card number. Any person
1576 who has a valid, current student identification card issued by
1577 an educational institution in this state is presumed not to have
1578 changed his or her legal residence or mailing address. This
1579 subsection does not affect any person required to register a
1580 permanent or temporary address change pursuant to s. 775.13, s.
1581 775.21, s. 775.25, or s. 943.0435.
1582 Section 39. For the purpose of incorporating the amendments
1583 made by this act to sections 943.0435 and 944.607, Florida
1584 Statutes, in references thereto, subsection (4) of section
1585 775.13, Florida Statutes, is reenacted to read:
1586 775.13 Registration of convicted felons, exemptions;
1587 penalties.—
1588 (4) This section does not apply to an offender:
1589 (a) Who has had his or her civil rights restored;
1590 (b) Who has received a full pardon for the offense for
1591 which convicted;
1592 (c) Who has been lawfully released from incarceration or
1593 other sentence or supervision for a felony conviction for more
1594 than 5 years prior to such time for registration, unless the
1595 offender is a fugitive from justice on a felony charge or has
1596 been convicted of any offense since release from such
1597 incarceration or other sentence or supervision;
1598 (d) Who is a parolee or probationer under the supervision
1599 of the United States Parole Commission if the commission knows
1600 of and consents to the presence of the offender in Florida or is
1601 a probationer under the supervision of any federal probation
1602 officer in the state or who has been lawfully discharged from
1603 such parole or probation;
1604 (e) Who is a sexual predator and has registered as required
1605 under s. 775.21;
1606 (f) Who is a sexual offender and has registered as required
1607 in s. 943.0435 or s. 944.607; or
1608 (g) Who is a career offender who has registered as required
1609 in s. 775.261 or s. 944.609.
1610 Section 40. For the purpose of incorporating the amendments
1611 made by this act to sections 943.0435 and 944.607, Florida
1612 Statutes, in references thereto, paragraph (d) of subsection
1613 (5), paragraph (f) of subsection (6), and paragraph (d) of
1614 subsection (10) of section 775.21, Florida Statutes, are
1615 reenacted to read:
1616 775.21 The Florida Sexual Predators Act.—
1617 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
1618 as a sexual predator as follows:
1619 (d) A person who establishes or maintains a residence in
1620 this state and who has not been designated as a sexual predator
1621 by a court of this state but who has been designated as a sexual
1622 predator, as a sexually violent predator, or by another sexual
1623 offender designation in another state or jurisdiction and was,
1624 as a result of such designation, subjected to registration or
1625 community or public notification, or both, or would be if the
1626 person was a resident of that state or jurisdiction, without
1627 regard to whether the person otherwise meets the criteria for
1628 registration as a sexual offender, shall register in the manner
1629 provided in s. 943.0435 or s. 944.607 and shall be subject to
1630 community and public notification as provided in s. 943.0435 or
1631 s. 944.607. A person who meets the criteria of this section is
1632 subject to the requirements and penalty provisions of s.
1633 943.0435 or s. 944.607 until the person provides the department
1634 with an order issued by the court that designated the person as
1635 a sexual predator, as a sexually violent predator, or by another
1636 sexual offender designation in the state or jurisdiction in
1637 which the order was issued which states that such designation
1638 has been removed or demonstrates to the department that such
1639 designation, if not imposed by a court, has been removed by
1640 operation of law or court order in the state or jurisdiction in
1641 which the designation was made, and provided such person no
1642 longer meets the criteria for registration as a sexual offender
1643 under the laws of this state.
1644 (6) REGISTRATION.—
1645 (f) Within 48 hours after the registration required under
1646 paragraph (a) or paragraph (e), a sexual predator who is not
1647 incarcerated and who resides in the community, including a
1648 sexual predator under the supervision of the Department of
1649 Corrections, shall register in person at a driver license office
1650 of the Department of Highway Safety and Motor Vehicles and shall
1651 present proof of registration unless a driver license or an
1652 identification card that complies with the requirements of s.
1653 322.141(3) was previously secured or updated under s. 944.607.
1654 At the driver license office the sexual predator shall:
1655 1. If otherwise qualified, secure a Florida driver license,
1656 renew a Florida driver license, or secure an identification
1657 card. The sexual predator shall identify himself or herself as a
1658 sexual predator who is required to comply with this section,
1659 provide his or her place of permanent, temporary, or transient
1660 residence, including a rural route address and a post office
1661 box, and submit to the taking of a photograph for use in issuing
1662 a driver license, a renewed license, or an identification card,
1663 and for use by the department in maintaining current records of
1664 sexual predators. A post office box may not be provided in lieu
1665 of a physical residential address. If the sexual predator’s
1666 place of residence is a motor vehicle, trailer, mobile home, or
1667 manufactured home, as defined in chapter 320, the sexual
1668 predator shall also provide to the Department of Highway Safety
1669 and Motor Vehicles the vehicle identification number; the
1670 license tag number; the registration number; and a description,
1671 including color scheme, of the motor vehicle, trailer, mobile
1672 home, or manufactured home. If a sexual predator’s place of
1673 residence is a vessel, live-aboard vessel, or houseboat, as
1674 defined in chapter 327, the sexual predator shall also provide
1675 to the Department of Highway Safety and Motor Vehicles the hull
1676 identification number; the manufacturer’s serial number; the
1677 name of the vessel, live-aboard vessel, or houseboat; the
1678 registration number; and a description, including color scheme,
1679 of the vessel, live-aboard vessel, or houseboat.
1680 2. Pay the costs assessed by the Department of Highway
1681 Safety and Motor Vehicles for issuing or renewing a driver
1682 license or an identification card as required by this section.
1683 The driver license or identification card issued to the sexual
1684 predator must comply with s. 322.141(3).
1685 3. Provide, upon request, any additional information
1686 necessary to confirm the identity of the sexual predator,
1687 including a set of fingerprints.
1688 (10) PENALTIES.—
1689 (d) Any person who misuses public records information
1690 relating to a sexual predator, as defined in this section, or a
1691 sexual offender, as defined in s. 943.0435 or s. 944.607, to
1692 secure a payment from such a predator or offender; who knowingly
1693 distributes or publishes false information relating to such a
1694 predator or offender which the person misrepresents as being
1695 public records information; or who materially alters public
1696 records information with the intent to misrepresent the
1697 information, including documents, summaries of public records
1698 information provided by law enforcement agencies, or public
1699 records information displayed by law enforcement agencies on
1700 websites or provided through other means of communication,
1701 commits a misdemeanor of the first degree, punishable as
1702 provided in s. 775.082 or s. 775.083.
1703 Section 41. For the purpose of incorporating the amendments
1704 made by this act to sections 943.0435 and 944.607, Florida
1705 Statutes, in references thereto, paragraph (b) of subsection (3)
1706 of section 775.261, Florida Statutes, is reenacted to read:
1707 775.261 The Florida Career Offender Registration Act.—
1708 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
1709 (b) This section does not apply to any person who has been
1710 designated as a sexual predator and required to register under
1711 s. 775.21 or who is required to register as a sexual offender
1712 under s. 943.0435 or s. 944.607. However, if a person is no
1713 longer required to register as a sexual predator under s. 775.21
1714 or as a sexual offender under s. 943.0435 or s. 944.607, the
1715 person must register as a career offender under this section if
1716 the person is otherwise designated as a career offender as
1717 provided in this section.
1718 Section 42. For the purpose of incorporating the amendments
1719 made by this act to sections 943.0435 and 944.607, Florida
1720 Statutes, in references thereto, subsection (4) of section
1721 948.06, Florida Statutes, is reenacted to read:
1722 948.06 Violation of probation or community control;
1723 revocation; modification; continuance; failure to pay
1724 restitution or cost of supervision.—
1725 (4) Notwithstanding any other provision of this section, a
1726 felony probationer or an offender in community control who is
1727 arrested for violating his or her probation or community control
1728 in a material respect may be taken before the court in the
1729 county or circuit in which the probationer or offender was
1730 arrested. That court shall advise him or her of the charge of a
1731 violation and, if such charge is admitted, shall cause him or
1732 her to be brought before the court that granted the probation or
1733 community control. If the violation is not admitted by the
1734 probationer or offender, the court may commit him or her or
1735 release him or her with or without bail to await further
1736 hearing. However, if the probationer or offender is under
1737 supervision for any criminal offense proscribed in chapter 794,
1738 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
1739 registered sexual predator or a registered sexual offender, or
1740 is under supervision for a criminal offense for which he or she
1741 would meet the registration criteria in s. 775.21, s. 943.0435,
1742 or s. 944.607 but for the effective date of those sections, the
1743 court must make a finding that the probationer or offender is
1744 not a danger to the public prior to release with or without
1745 bail. In determining the danger posed by the offender’s or
1746 probationer’s release, the court may consider the nature and
1747 circumstances of the violation and any new offenses charged; the
1748 offender’s or probationer’s past and present conduct, including
1749 convictions of crimes; any record of arrests without conviction
1750 for crimes involving violence or sexual crimes; any other
1751 evidence of allegations of unlawful sexual conduct or the use of
1752 violence by the offender or probationer; the offender’s or
1753 probationer’s family ties, length of residence in the community,
1754 employment history, and mental condition; his or her history and
1755 conduct during the probation or community control supervision
1756 from which the violation arises and any other previous
1757 supervisions, including disciplinary records of previous
1758 incarcerations; the likelihood that the offender or probationer
1759 will engage again in a criminal course of conduct; the weight of
1760 the evidence against the offender or probationer; and any other
1761 facts the court considers relevant. The court, as soon as is
1762 practicable, shall give the probationer or offender an
1763 opportunity to be fully heard on his or her behalf in person or
1764 by counsel. After the hearing, the court shall make findings of
1765 fact and forward the findings to the court that granted the
1766 probation or community control and to the probationer or
1767 offender or his or her attorney. The findings of fact by the
1768 hearing court are binding on the court that granted the
1769 probation or community control. Upon the probationer or offender
1770 being brought before it, the court that granted the probation or
1771 community control may revoke, modify, or continue the probation
1772 or community control or may place the probationer into community
1773 control as provided in this section. However, the probationer or
1774 offender shall not be released and shall not be admitted to
1775 bail, but shall be brought before the court that granted the
1776 probation or community control if any violation of felony
1777 probation or community control other than a failure to pay costs
1778 or fines or make restitution payments is alleged to have been
1779 committed by:
1780 (a) A violent felony offender of special concern, as
1781 defined in this section;
1782 (b) A person who is on felony probation or community
1783 control for any offense committed on or after the effective date
1784 of this act and who is arrested for a qualifying offense as
1785 defined in this section; or
1786 (c) A person who is on felony probation or community
1787 control and has previously been found by a court to be a
1788 habitual violent felony offender as defined in s. 775.084(1)(b),
1789 a three-time violent felony offender as defined in s.
1790 775.084(1)(c), or a sexual predator under s. 775.21, and who is
1791 arrested for committing a qualifying offense as defined in this
1792 section on or after the effective date of this act.
1793 Section 43. For the purpose of incorporating the amendments
1794 made by this act to sections 943.0435 and 944.607, Florida
1795 Statutes, in references thereto, section 948.063, Florida
1796 Statutes, is reenacted to read:
1797 948.063 Violations of probation or community control by
1798 designated sexual offenders and sexual predators.—
1799 (1) If probation or community control for any felony
1800 offense is revoked by the court pursuant to s. 948.06(2)(e) and
1801 the offender is designated as a sexual offender pursuant to s.
1802 943.0435 or s. 944.607 or as a sexual predator pursuant to s.
1803 775.21 for unlawful sexual activity involving a victim 15 years
1804 of age or younger and the offender is 18 years of age or older,
1805 and if the court imposes a subsequent term of supervision
1806 following the revocation of probation or community control, the
1807 court must order electronic monitoring as a condition of the
1808 subsequent term of probation or community control.
1809 (2) If the probationer or offender is required to register
1810 as a sexual predator under s. 775.21 or as a sexual offender
1811 under s. 943.0435 or s. 944.607 for unlawful sexual activity
1812 involving a victim 15 years of age or younger and the
1813 probationer or offender is 18 years of age or older and has
1814 violated the conditions of his or her probation or community
1815 control, but the court does not revoke the probation or
1816 community control, the court shall nevertheless modify the
1817 probation or community control to include electronic monitoring
1818 for any probationer or offender not then subject to electronic
1819 monitoring.
1820 Section 44. For the purpose of incorporating the amendments
1821 made by this act to sections 943.0435, 944.606, and 944.607,
1822 Florida Statutes, in references thereto, subsection (2) of
1823 section 775.24, Florida Statutes, is reenacted to read:
1824 775.24 Duty of the court to uphold laws governing sexual
1825 predators and sexual offenders.—
1826 (2) If a person meets the criteria in this chapter for
1827 designation as a sexual predator or meets the criteria in s.
1828 943.0435, s. 944.606, s. 944.607, or any other law for
1829 classification as a sexual offender, the court may not enter an
1830 order, for the purpose of approving a plea agreement or for any
1831 other reason, which:
1832 (a) Exempts a person who meets the criteria for designation
1833 as a sexual predator or classification as a sexual offender from
1834 such designation or classification, or exempts such person from
1835 the requirements for registration or community and public
1836 notification imposed upon sexual predators and sexual offenders;
1837 (b) Restricts the compiling, reporting, or release of
1838 public records information that relates to sexual predators or
1839 sexual offenders; or
1840 (c) Prevents any person or entity from performing its
1841 duties or operating within its statutorily conferred authority
1842 as such duty or authority relates to sexual predators or sexual
1843 offenders.
1844 Section 45. For the purpose of incorporating the amendments
1845 made by this act to sections 943.0435, 944.606, and 944.607,
1846 Florida Statutes, in references thereto, section 775.25, Florida
1847 Statutes, is reenacted to read:
1848 775.25 Prosecutions for acts or omissions.—A sexual
1849 predator or sexual offender who commits any act or omission in
1850 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
1851 944.607, or former s. 947.177 may be prosecuted for the act or
1852 omission in the county in which the act or omission was
1853 committed, in the county of the last registered address of the
1854 sexual predator or sexual offender, in the county in which the
1855 conviction occurred for the offense or offenses that meet the
1856 criteria for designating a person as a sexual predator or sexual
1857 offender, in the county where the sexual predator or sexual
1858 offender was released from incarceration, or in the county of
1859 the intended address of the sexual predator or sexual offender
1860 as reported by the predator or offender prior to his or her
1861 release from incarceration. In addition, a sexual predator may
1862 be prosecuted for any such act or omission in the county in
1863 which he or she was designated a sexual predator.
1864 Section 46. For the purpose of incorporating the amendments
1865 made by this act to sections 943.0435, 944.606, and 944.607,
1866 Florida Statutes, in references thereto, subsection (2) of
1867 section 943.0436, Florida Statutes, is reenacted to read:
1868 943.0436 Duty of the court to uphold laws governing sexual
1869 predators and sexual offenders.—
1870 (2) If a person meets the criteria in chapter 775 for
1871 designation as a sexual predator or meets the criteria in s.
1872 943.0435, s. 944.606, s. 944.607, or any other law for
1873 classification as a sexual offender, the court may not enter an
1874 order, for the purpose of approving a plea agreement or for any
1875 other reason, which:
1876 (a) Exempts a person who meets the criteria for designation
1877 as a sexual predator or classification as a sexual offender from
1878 such designation or classification, or exempts such person from
1879 the requirements for registration or community and public
1880 notification imposed upon sexual predators and sexual offenders;
1881 (b) Restricts the compiling, reporting, or release of
1882 public records information that relates to sexual predators or
1883 sexual offenders; or
1884 (c) Prevents any person or entity from performing its
1885 duties or operating within its statutorily conferred authority
1886 as such duty or authority relates to sexual predators or sexual
1887 offenders.
1888 Section 47. For the purpose of incorporating the amendments
1889 made by this act to sections 943.0435, 944.606, and 944.607,
1890 Florida Statutes, in references thereto, section 948.31, Florida
1891 Statutes, is reenacted to read:
1892 948.31 Evaluation and treatment of sexual predators and
1893 offenders on probation or community control.—The court may
1894 require any probationer or community controllee who is required
1895 to register as a sexual predator under s. 775.21 or sexual
1896 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
1897 an evaluation, at the probationer or community controllee’s
1898 expense, by a qualified practitioner to determine whether such
1899 probationer or community controllee needs sexual offender
1900 treatment. If the qualified practitioner determines that sexual
1901 offender treatment is needed and recommends treatment, the
1902 probationer or community controllee must successfully complete
1903 and pay for the treatment. Such treatment must be obtained from
1904 a qualified practitioner as defined in s. 948.001. Treatment may
1905 not be administered by a qualified practitioner who has been
1906 convicted or adjudicated delinquent of committing, or
1907 attempting, soliciting, or conspiring to commit, any offense
1908 that is listed in s. 943.0435(1)(h)1.a.(I).
1909 Section 48. For the purpose of incorporating the amendments
1910 made by this act to sections 943.0435, 944.606, and 944.607,
1911 Florida Statutes, in references thereto, paragraph (b) of
1912 subsection (6) of section 985.04, Florida Statutes, is reenacted
1913 to read:
1914 985.04 Oaths; records; confidential information.—
1915 (6)
1916 (b) Sexual offender and predator registration information
1917 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
1918 and 985.4815 is a public record pursuant to s. 119.07(1) and as
1919 otherwise provided by law.
1920 Section 49. This act shall take effect October 1, 2024.
