Bill Text: FL S1226 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sentencing for Sexual Offenders and Sexual Predators

Spectrum:

Status: (Introduced - Dead) 2018-03-08 - Laid on Table, refer to CS/HB 1301 [S1226 Detail]

Download: Florida-2018-S1226-Introduced.html

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       Florida Senate - 2018                                    SB 1226
       
       
        
       By Senator Book
       
       
       
       
       
       32-01124-18                                           20181226__
    1                        A bill to be entitled                      
    2         An act relating to sentencing for sexual offenders and
    3         sexual predators; amending s. 775.21, F.S.; redefining
    4         the terms “permanent residence,” “temporary
    5         residence,” and “transient residence” by decreasing
    6         the amount of days a person abides, lodges, or resides
    7         in a certain place to qualify for that type of
    8         residency category; revising existing criminal
    9         penalties for sexual predators to require mandatory
   10         minimum terms of community control with electronic
   11         monitoring for first, second, and third and subsequent
   12         violations of specified offenses; amending s.
   13         943.0435, F.S.; revising existing criminal penalties
   14         for sexual offenders to require mandatory minimum
   15         terms of community control with electronic monitoring
   16         for first, second, and third and subsequent violations
   17         of specified offenses; reenacting s. 775.25, F.S.,
   18         relating to prosecutions for certain acts or
   19         omissions, to incorporate the amendments made to ss.
   20         775.21 and 943.0435, F.S., in references thereto;
   21         reenacting ss. 944.606(1)(d), 985.481(1)(d), and
   22         985.4815(1)(f), F.S., relating to sexual offenders and
   23         required notifications upon release, sexual offenders
   24         adjudicated delinquent and required notifications upon
   25         release, and notification to the Department of Law
   26         Enforcement of information on juvenile sexual
   27         offenders, respectively, to incorporate the amendment
   28         made to s. 775.21, F.S., in references thereto;
   29         providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraphs (k), (n), and (o) of subsection (2)
   34  and paragraph (a) of subsection (10) of section 775.21, Florida
   35  Statutes, are amended, and paragraph (d) of subsection (5) and
   36  paragraphs (g) and (i) of subsection (6) of that section are
   37  republished, to read:
   38         775.21 The Florida Sexual Predators Act.—
   39         (2) DEFINITIONS.—As used in this section, the term:
   40         (k) “Permanent residence” means a place where the person
   41  abides, lodges, or resides for 3 5 or more consecutive days.
   42         (n) “Temporary residence” means a place where the person
   43  abides, lodges, or resides, including, but not limited to,
   44  vacation, business, or personal travel destinations in or out of
   45  this state, for a period of 3 5 or more days in the aggregate
   46  during any calendar year and which is not the person’s permanent
   47  address or, for a person whose permanent residence is not in
   48  this state, a place where the person is employed, practices a
   49  vocation, or is enrolled as a student for any period of time in
   50  this state.
   51         (o) “Transient residence” means a county where a person
   52  lives, remains, or is located for a period of 3 5 or more days
   53  in the aggregate during a calendar year and which is not the
   54  person’s permanent or temporary address. The term includes, but
   55  is not limited to, a place where the person sleeps or seeks
   56  shelter and a location that has no specific street address.
   57         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
   58  as a sexual predator as follows:
   59         (d) A person who establishes or maintains a residence in
   60  this state and who has not been designated as a sexual predator
   61  by a court of this state but who has been designated as a sexual
   62  predator, as a sexually violent predator, or by another sexual
   63  offender designation in another state or jurisdiction and was,
   64  as a result of such designation, subjected to registration or
   65  community or public notification, or both, or would be if the
   66  person was a resident of that state or jurisdiction, without
   67  regard to whether the person otherwise meets the criteria for
   68  registration as a sexual offender, shall register in the manner
   69  provided in s. 943.0435 or s. 944.607 and shall be subject to
   70  community and public notification as provided in s. 943.0435 or
   71  s. 944.607. A person who meets the criteria of this section is
   72  subject to the requirements and penalty provisions of s.
   73  943.0435 or s. 944.607 until the person provides the department
   74  with an order issued by the court that designated the person as
   75  a sexual predator, as a sexually violent predator, or by another
   76  sexual offender designation in the state or jurisdiction in
   77  which the order was issued which states that such designation
   78  has been removed or demonstrates to the department that such
   79  designation, if not imposed by a court, has been removed by
   80  operation of law or court order in the state or jurisdiction in
   81  which the designation was made, and provided such person no
   82  longer meets the criteria for registration as a sexual offender
   83  under the laws of this state.
   84         (6) REGISTRATION.—
   85         (g)1. Each time a sexual predator’s driver license or
   86  identification card is subject to renewal, and, without regard
   87  to the status of the predator’s driver license or identification
   88  card, within 48 hours after any change of the predator’s
   89  residence or change in the predator’s name by reason of marriage
   90  or other legal process, the predator shall report in person to a
   91  driver license office and is subject to the requirements
   92  specified in paragraph (f). The Department of Highway Safety and
   93  Motor Vehicles shall forward to the department and to the
   94  Department of Corrections all photographs and information
   95  provided by sexual predators. Notwithstanding the restrictions
   96  set forth in s. 322.142, the Department of Highway Safety and
   97  Motor Vehicles may release a reproduction of a color-photograph
   98  or digital-image license to the Department of Law Enforcement
   99  for purposes of public notification of sexual predators as
  100  provided in this section. A sexual predator who is unable to
  101  secure or update a driver license or an identification card with
  102  the Department of Highway Safety and Motor Vehicles as provided
  103  in paragraph (f) and this paragraph shall also report any change
  104  of the predator’s residence or change in the predator’s name by
  105  reason of marriage or other legal process within 48 hours after
  106  the change to the sheriff’s office in the county where the
  107  predator resides or is located and provide confirmation that he
  108  or she reported such information to the Department of Highway
  109  Safety and Motor Vehicles. The reporting requirements under this
  110  subparagraph do not negate the requirement for a sexual predator
  111  to obtain a Florida driver license or identification card as
  112  required by this section.
  113         2.a. A sexual predator who vacates a permanent, temporary,
  114  or transient residence and fails to establish or maintain
  115  another permanent, temporary, or transient residence shall,
  116  within 48 hours after vacating the permanent, temporary, or
  117  transient residence, report in person to the sheriff’s office of
  118  the county in which he or she is located. The sexual predator
  119  shall specify the date upon which he or she intends to or did
  120  vacate such residence. The sexual predator shall provide or
  121  update all of the registration information required under
  122  paragraph (a). The sexual predator shall provide an address for
  123  the residence or other place that he or she is or will be
  124  located during the time in which he or she fails to establish or
  125  maintain a permanent or temporary residence.
  126         b. A sexual predator shall report in person at the
  127  sheriff’s office in the county in which he or she is located
  128  within 48 hours after establishing a transient residence and
  129  thereafter must report in person every 30 days to the sheriff’s
  130  office in the county in which he or she is located while
  131  maintaining a transient residence. The sexual predator must
  132  provide the addresses and locations where he or she maintains a
  133  transient residence. Each sheriff’s office shall establish
  134  procedures for reporting transient residence information and
  135  provide notice to transient registrants to report transient
  136  residence information as required in this sub-subparagraph.
  137  Reporting to the sheriff’s office as required by this sub
  138  subparagraph does not exempt registrants from any reregistration
  139  requirement. The sheriff may coordinate and enter into
  140  agreements with police departments and other governmental
  141  entities to facilitate additional reporting sites for transient
  142  residence registration required in this sub-subparagraph. The
  143  sheriff’s office shall, within 2 business days, electronically
  144  submit and update all information provided by the sexual
  145  predator to the department.
  146         3. A sexual predator who remains at a permanent, temporary,
  147  or transient residence after reporting his or her intent to
  148  vacate such residence shall, within 48 hours after the date upon
  149  which the predator indicated he or she would or did vacate such
  150  residence, report in person to the sheriff’s office to which he
  151  or she reported pursuant to subparagraph 2. for the purpose of
  152  reporting his or her address at such residence. When the sheriff
  153  receives the report, the sheriff shall promptly convey the
  154  information to the department. An offender who makes a report as
  155  required under subparagraph 2. but fails to make a report as
  156  required under this subparagraph commits a felony of the second
  157  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  158  775.084.
  159         4. The failure of a sexual predator who maintains a
  160  transient residence to report in person to the sheriff’s office
  161  every 30 days as required by sub-subparagraph 2.b. is punishable
  162  as provided in subsection (10).
  163         5.a. A sexual predator shall register all electronic mail
  164  addresses and Internet identifiers, and each Internet
  165  identifier’s corresponding website homepage or application
  166  software name, with the department through the department’s
  167  online system or in person at the sheriff’s office within 48
  168  hours after using such electronic mail addresses and Internet
  169  identifiers. If the sexual predator is in the custody or
  170  control, or under the supervision, of the Department of
  171  Corrections, he or she must report all electronic mail addresses
  172  and Internet identifiers, and each Internet identifier’s
  173  corresponding website homepage or application software name, to
  174  the Department of Corrections before using such electronic mail
  175  addresses or Internet identifiers. If the sexual predator is in
  176  the custody or control, or under the supervision, of the
  177  Department of Juvenile Justice, he or she must report all
  178  electronic mail addresses and Internet identifiers, and each
  179  Internet identifier’s corresponding website homepage or
  180  application software name, to the Department of Juvenile Justice
  181  before using such electronic mail addresses or Internet
  182  identifiers.
  183         b. A sexual predator shall register all changes to home
  184  telephone numbers and cellular telephone numbers, including
  185  added and deleted numbers, all changes to employment
  186  information, and all changes in status related to enrollment,
  187  volunteering, or employment at institutions of higher education,
  188  through the department’s online system; in person at the
  189  sheriff’s office; in person at the Department of Corrections if
  190  the sexual predator is in the custody or control, or under the
  191  supervision, of the Department of Corrections; or in person at
  192  the Department of Juvenile Justice if the sexual predator is in
  193  the custody or control, or under the supervision, of the
  194  Department of Juvenile Justice. All changes required to be
  195  reported in this sub-subparagraph shall be reported within 48
  196  hours after the change.
  197         c. The department shall establish an online system through
  198  which sexual predators may securely access, submit, and update
  199  all electronic mail addresses; Internet identifiers and each
  200  Internet identifier’s corresponding website homepage or
  201  application software name; home telephone numbers and cellular
  202  telephone numbers; employment information; and institution of
  203  higher education information.
  204         (i) A sexual predator who intends to establish a permanent,
  205  temporary, or transient residence in another state or
  206  jurisdiction other than the State of Florida shall report in
  207  person to the sheriff of the county of current residence within
  208  48 hours before the date he or she intends to leave this state
  209  to establish residence in another state or jurisdiction or at
  210  least 21 days before the date he or she intends to travel if the
  211  intended residence of 5 days or more is outside of the United
  212  States. Any travel that is not known by the sexual predator 21
  213  days before the departure date must be reported to the sheriff’s
  214  office as soon as possible before departure. The sexual predator
  215  shall provide to the sheriff the address, municipality, county,
  216  state, and country of intended residence. For international
  217  travel, the sexual predator shall also provide travel
  218  information, including, but not limited to, expected departure
  219  and return dates, flight number, airport of departure, cruise
  220  port of departure, or any other means of intended travel. The
  221  sheriff shall promptly provide to the department the information
  222  received from the sexual predator. The department shall notify
  223  the statewide law enforcement agency, or a comparable agency, in
  224  the intended state, jurisdiction, or country of residence of the
  225  sexual predator’s intended residence. The failure of a sexual
  226  predator to provide his or her intended place of residence is
  227  punishable as provided in subsection (10).
  228         (10) PENALTIES.—
  229         (a) Except as otherwise specifically provided, a sexual
  230  predator who fails to register; who fails, after registration,
  231  to maintain, acquire, or renew a driver license or an
  232  identification card; who fails to provide required location
  233  information; who fails to provide electronic mail addresses,
  234  Internet identifiers, and each Internet identifier’s
  235  corresponding website homepage or application software name; who
  236  fails to provide all home telephone numbers and cellular
  237  telephone numbers, employment information, change in status at
  238  an institution of higher education, or change-of-name
  239  information; who fails to make a required report in connection
  240  with vacating a permanent residence; who fails to reregister as
  241  required; who fails to respond to any address verification
  242  correspondence from the department within 3 weeks of the date of
  243  the correspondence; who knowingly provides false registration
  244  information by act or omission; or who otherwise fails, by act
  245  or omission, to comply with the requirements of this section
  246  commits a felony of the third degree, punishable as provided in
  247  s. 775.082, s. 775.083, or s. 775.084, and shall be sentenced:
  248         1. For a first offense committed on or after July 1, 2018,
  249  to a mandatory minimum term of 6 months of community control, as
  250  defined in s. 948.001, with electronic monitoring.
  251         2. For a second offense committed on or after July 1, 2018,
  252  to a mandatory minimum term of 1 year of community control, as
  253  defined in s. 948.001, with electronic monitoring.
  254         3. For a third or subsequent offense committed on or after
  255  July 1, 2018, to a mandatory minimum term of 2 years of
  256  community control, as defined in s. 948.001, with electronic
  257  monitoring.
  258         Section 2. Paragraph (a) of subsection (9) of section
  259  943.0435, Florida Statutes, is amended, and paragraph (f) of
  260  subsection (1), paragraph (d) of subsection (4), and subsection
  261  (7) of that section are republished, to read:
  262         943.0435 Sexual offenders required to register with the
  263  department; penalty.—
  264         (1) As used in this section, the term:
  265         (f) “Permanent residence,” “temporary residence,” and
  266  “transient residence” have the same meaning as provided in s.
  267  775.21.
  268         (4)
  269         (d) The failure of a sexual offender who maintains a
  270  transient residence to report in person to the sheriff’s office
  271  every 30 days as required in subparagraph (b)2. is punishable as
  272  provided in subsection (9).
  273         (7) A sexual offender who intends to establish a permanent,
  274  temporary, or transient residence in another state or
  275  jurisdiction other than the State of Florida shall report in
  276  person to the sheriff of the county of current residence within
  277  48 hours before the date he or she intends to leave this state
  278  to establish residence in another state or jurisdiction or at
  279  least 21 days before the date he or she intends to travel if the
  280  intended residence of 5 days or more is outside of the United
  281  States. Any travel that is not known by the sexual offender 21
  282  days before the departure date must be reported in person to the
  283  sheriff’s office as soon as possible before departure. The
  284  sexual offender shall provide to the sheriff the address,
  285  municipality, county, state, and country of intended residence.
  286  For international travel, the sexual offender shall also provide
  287  travel information, including, but not limited to, expected
  288  departure and return dates, flight number, airport of departure,
  289  cruise port of departure, or any other means of intended travel.
  290  The sheriff shall promptly provide to the department the
  291  information received from the sexual offender. The department
  292  shall notify the statewide law enforcement agency, or a
  293  comparable agency, in the intended state, jurisdiction, or
  294  country of residence of the sexual offender’s intended
  295  residence. The failure of a sexual offender to provide his or
  296  her intended place of residence is punishable as provided in
  297  subsection (9).
  298         (9)(a) Except as otherwise specifically provided, a sexual
  299  offender who does not comply with the requirements of this
  300  section commits a felony of the third degree, punishable as
  301  provided in s. 775.082, s. 775.083, or s. 775.084, and shall be
  302  sentenced:
  303         1. For a first offense committed on or after July 1, 2018,
  304  to a mandatory minimum term of 6 months of community control, as
  305  defined in s. 948.001, with electronic monitoring.
  306         2. For a second offense committed on or after July 1, 2018,
  307  to a mandatory minimum term of 1 year of community control, as
  308  defined in s. 948.001, with electronic monitoring.
  309         3. For a third or subsequent offense committed on or after
  310  July 1, 2018, to a mandatory minimum term of 2 years of
  311  community control, as defined in s. 948.001, with electronic
  312  monitoring.
  313         Section 3. For the purpose of incorporating the amendments
  314  made by this act to sections 775.21 and 943.0435, Florida
  315  Statutes, in references thereto, section 775.25, Florida
  316  Statutes, is reenacted to read:
  317         775.25 Prosecutions for acts or omissions.—A sexual
  318  predator or sexual offender who commits any act or omission in
  319  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
  320  944.607, or former s. 947.177 may be prosecuted for the act or
  321  omission in the county in which the act or omission was
  322  committed, in the county of the last registered address of the
  323  sexual predator or sexual offender, in the county in which the
  324  conviction occurred for the offense or offenses that meet the
  325  criteria for designating a person as a sexual predator or sexual
  326  offender, in the county where the sexual predator or sexual
  327  offender was released from incarceration, or in the county of
  328  the intended address of the sexual predator or sexual offender
  329  as reported by the predator or offender prior to his or her
  330  release from incarceration. In addition, a sexual predator may
  331  be prosecuted for any such act or omission in the county in
  332  which he or she was designated a sexual predator.
  333         Section 4. For the purpose of incorporating the amendment
  334  made by this act to section 775.21, Florida Statutes, in a
  335  reference thereto, paragraph (d) of subsection (1) of section
  336  944.606, Florida Statutes, is reenacted to read:
  337         944.606 Sexual offenders; notification upon release.—
  338         (1) As used in this section, the term:
  339         (d) “Permanent residence,” “temporary residence,” and
  340  “transient residence” have the same meaning as provided in s.
  341  775.21.
  342         Section 5. For the purpose of incorporating the amendment
  343  made by this act to section 775.21, Florida Statutes, in a
  344  reference thereto, paragraph (d) of subsection (1) of section
  345  985.481, Florida Statutes, is reenacted to read:
  346         985.481 Sexual offenders adjudicated delinquent;
  347  notification upon release.—
  348         (1) As used in this section:
  349         (d) “Permanent residence,” “temporary residence,” and
  350  “transient residence” have the same meaning as provided in s.
  351  775.21.
  352         Section 6. For the purpose of incorporating the amendment
  353  made by this act to section 775.21, Florida Statutes, in a
  354  reference thereto, paragraph (f) of subsection (1) of section
  355  985.4815, Florida Statutes, is reenacted to read:
  356         985.4815 Notification to Department of Law Enforcement of
  357  information on juvenile sexual offenders.—
  358         (1) As used in this section, the term:
  359         (f) “Permanent residence,” “temporary residence,” and
  360  “transient residence” have the same meaning as provided in s.
  361  775.21.
  362         Section 7. This act shall take effect July 1, 2018.