Bill Text: FL S1800 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sex Offenses
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S1800 Detail]
Download: Florida-2012-S1800-Introduced.html
Bill Title: Sex Offenses
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Budget [S1800 Detail]
Download: Florida-2012-S1800-Introduced.html
Florida Senate - 2012 SB 1800
By Senator Altman
24-01342-12 20121800__
1 A bill to be entitled
2 An act relating to criminal offenders; amending s.
3 775.21, F.S.; replacing the definition of the term
4 “instant message name” with the definition of the term
5 “Internet identifier”; providing that voluntary
6 disclosure of specified information waives a
7 disclosure exemption for such information; conforming
8 provisions; requiring disclosure of passport and
9 immigration status information; requiring that a
10 sexual predator who is unable to secure or update a
11 driver license or identification card within a
12 specified period must report specified information to
13 the local sheriff’s office within a specified period
14 after such change with confirmation that he or she
15 also reported such information to the Department of
16 Highway Safety and Motor Vehicles; requiring a sexual
17 predator released in a homeless or transient status to
18 report in person to the sheriff’s office in the county
19 in which he or she is located within a specified
20 period; revising reporting requirements if a sexual
21 predator plans to leave the United States for more
22 than a specified period; amending s. 943.0435, F.S.;
23 replacing the definition of the term “instant message
24 name” with the definition of the term “Internet
25 identifier”; conforming provisions; requiring
26 disclosure of passport and immigration status
27 information; requiring that a sexual predator who is
28 unable to secure or update a driver license or
29 identification card within a specified period must
30 report specified information to the local sheriff’s
31 office within a specified period of such change with
32 confirmation that he or she also reported such
33 information to the Department of Highway Safety and
34 Motor Vehicles; providing additional requirements for
35 sexual offenders intending to reside outside of the
36 United States; amending s. 943.04351, F.S.; requiring
37 a specified national search of registration
38 information regarding sexual predators and sexual
39 offenders prior to appointment or employment of
40 persons by state agencies and governmental
41 subdivisions; amending s. 943.04354, F.S.; revising
42 the age range applicable to provisions allowing
43 removal of the requirement to register as a sexual
44 offender or sexual predator in certain circumstances;
45 revising eligibility requirements for removal of the
46 requirement to register as a sexual offender or sexual
47 predator; amending s. 943.0437, F.S.; replacing the
48 definition of the term “instant message name” with the
49 definition of the term “Internet identifier”;
50 conforming provisions; amending ss. 944.606 and
51 944.607, F.S.; replacing the definition of the term
52 “instant message name” with the definition of the term
53 “Internet identifier”; conforming provisions;
54 requiring disclosure of passport and immigration
55 status information; amending s. 947.005, F.S.;
56 revising the definition of the term “risk assessment”;
57 amending s. 947.1405, F.S.; requiring that certain
58 conditional releasees be subject to electronic
59 monitoring; amending s. 948.30, F.S.; providing
60 restrictions for certain persons who receive a
61 designation equivalent to sexual predator in another
62 jurisdiction or who are convicted of certain offenses
63 in another jurisdiction; providing for electronic
64 monitoring of certain persons; subjecting persons
65 convicted of specified offenses to additional
66 restrictions; amending s. 948.31, F.S.; providing that
67 conditions imposed under that section do not require
68 oral pronouncement at the time of sentencing and shall
69 be considered standard conditions of probation or
70 community control for certain offenders; revising
71 provisions relating to evaluation of persons subject
72 to registration as sexual offenders or sexual
73 predators; authorizing a court to require treatment
74 from a qualified practitioner in certain
75 circumstances; authorizing a court to restrict the
76 probationer or community controllee from having
77 unsupervised contact with a minor or prohibit him or
78 her from residing with a minor in certain
79 circumstances; amending ss. 985.481 and 985.4815,
80 F.S.; requiring disclosure of passport and immigration
81 status information by certain sexual offenders
82 adjudicated delinquent and certain juvenile sexual
83 offenders; amending s. 903.046, F.S.; requiring a
84 court considering whether to release a defendant on
85 bail to determine whether the defendant is subject to
86 registration as a sexual offender or sexual predator
87 and, if so, to hold the defendant without bail until
88 the first appearance on the case; providing an
89 exception; amending s. 948.012, F.S.; revising
90 language concerning commencement of the period of
91 probation or community control; amending s. 948.039,
92 F.S.; providing that a probation or community control
93 period commences immediately upon the release of the
94 offender from incarceration; providing severability;
95 providing effective dates.
96
97 Be It Enacted by the Legislature of the State of Florida:
98
99 Section 1. Paragraph (i) of subsection (2), paragraphs (a),
100 (e), (g), (i), and (j) of subsection (6), paragraph (a) of
101 subsection (8), and paragraph (a) of subsection (10) of section
102 775.21, Florida Statutes, are amended to read:
103 775.21 The Florida Sexual Predators Act.—
104 (2) DEFINITIONS.—As used in this section, the term:
105 (i) “Internet identifier Instant message name” means all
106 electronic mail, chat, instant messenger, social networking, or
107 similar names used for Internet communication, but does not
108 include a date of birth, social security number, or personal
109 identification number (PIN) an identifier that allows a person
110 to communicate in real time with another person using the
111 Internet. Voluntary disclosure by the sexual predator of his or
112 her date of birth, social security number, or personal
113 identification number (PIN) as an Internet identifier waives the
114 disclosure exemption in this paragraph for such personal
115 information.
116 (6) REGISTRATION.—
117 (a) A sexual predator must register with the department
118 through the sheriff’s office by providing the following
119 information to the department:
120 1. Name; social security number; age; race; sex; date of
121 birth; height; weight; hair and eye color; photograph; address
122 of legal residence and address of any current temporary
123 residence, within the state or out of state, including a rural
124 route address and a post office box; if no permanent or
125 temporary address, any transient residence within the state;
126 address, location or description, and dates of any current or
127 known future temporary residence within the state or out of
128 state; all any electronic mail addresses address and all
129 Internet identifiers any instant message name required to be
130 provided pursuant to subparagraph (g)4.; all home telephone
131 numbers number and any cellular telephone numbers number; date
132 and place of any employment; date and place of each conviction;
133 fingerprints; and a brief description of the crime or crimes
134 committed by the offender. A post office box shall not be
135 provided in lieu of a physical residential address. The sexual
136 predator must also produce or provide information about his or
137 her passport, if he or she has a passport, and, if he or she is
138 an alien, must produce or provide information about documents
139 establishing his or her immigration status.
140 a. If the sexual predator’s place of residence is a motor
141 vehicle, trailer, mobile home, or manufactured home, as defined
142 in chapter 320, the sexual predator shall also provide to the
143 department written notice of the vehicle identification number;
144 the license tag number; the registration number; and a
145 description, including color scheme, of the motor vehicle,
146 trailer, mobile home, or manufactured home. If a sexual
147 predator’s place of residence is a vessel, live-aboard vessel,
148 or houseboat, as defined in chapter 327, the sexual predator
149 shall also provide to the department written notice of the hull
150 identification number; the manufacturer’s serial number; the
151 name of the vessel, live-aboard vessel, or houseboat; the
152 registration number; and a description, including color scheme,
153 of the vessel, live-aboard vessel, or houseboat.
154 b. If the sexual predator is enrolled, employed, or
155 carrying on a vocation at an institution of higher education in
156 this state, the sexual predator shall also provide to the
157 department the name, address, and county of each institution,
158 including each campus attended, and the sexual predator’s
159 enrollment or employment status. Each change in enrollment or
160 employment status shall be reported in person at the sheriff’s
161 office, or the Department of Corrections if the sexual predator
162 is in the custody or control of or under the supervision of the
163 Department of Corrections, within 48 hours after any change in
164 status. The sheriff or the Department of Corrections shall
165 promptly notify each institution of the sexual predator’s
166 presence and any change in the sexual predator’s enrollment or
167 employment status.
168 2. Any other information determined necessary by the
169 department, including criminal and corrections records;
170 nonprivileged personnel and treatment records; and evidentiary
171 genetic markers when available.
172 (e)1. If the sexual predator is not in the custody or
173 control of, or under the supervision of, the Department of
174 Corrections or is not in the custody of a private correctional
175 facility, the sexual predator shall register in person:
176 a. At the sheriff’s office in the county where he or she
177 establishes or maintains a residence within 48 hours after
178 establishing or maintaining a residence in this state; and
179 b. At the sheriff’s office in the county where he or she
180 was designated a sexual predator by the court within 48 hours
181 after such finding is made.
182 2. Any change in the sexual predator’s permanent or
183 temporary residence, name, or all any electronic mail addresses
184 address and all Internet identifiers any instant message name
185 required to be provided pursuant to subparagraph (g)4., after
186 the sexual predator registers in person at the sheriff’s office
187 as provided in subparagraph 1., shall be accomplished in the
188 manner provided in paragraphs (g), (i), and (j). When a sexual
189 predator registers with the sheriff’s office, the sheriff shall
190 take a photograph and a set of fingerprints of the predator and
191 forward the photographs and fingerprints to the department,
192 along with the information that the predator is required to
193 provide pursuant to this section.
194 (g)1. Each time a sexual predator’s driver driver’s license
195 or identification card is subject to renewal, and, without
196 regard to the status of the predator’s driver driver’s license
197 or identification card, within 48 hours after any change of the
198 predator’s residence or change in the predator’s name by reason
199 of marriage or other legal process, the predator shall report in
200 person to a driver driver’s license office and shall be subject
201 to the requirements specified in paragraph (f). The Department
202 of Highway Safety and Motor Vehicles shall forward to the
203 department and to the Department of Corrections all photographs
204 and information provided by sexual predators. Notwithstanding
205 the restrictions set forth in s. 322.142, the Department of
206 Highway Safety and Motor Vehicles is authorized to release a
207 reproduction of a color-photograph or digital-image license to
208 the Department of Law Enforcement for purposes of public
209 notification of sexual predators as provided in this section. A
210 sexual predator who is unable to secure or update a driver
211 license or identification card with the Department of Highway
212 Safety and Motor Vehicles as provided in paragraph (f) and this
213 paragraph must also report any change of the predator’s
214 residence or change in the predator’s name by reason of marriage
215 or other legal process within 48 hours after the change to the
216 sheriff’s office in the county where the predator resides or is
217 located and provide confirmation that he or she reported such
218 information to the Department of Highway Safety and Motor
219 Vehicles.
220 2. A sexual predator who vacates a permanent, temporary, or
221 transient residence and fails to establish or maintain another
222 permanent, temporary, or transient residence shall, within 48
223 hours after vacating the permanent, temporary, or transient
224 residence, report in person to the sheriff’s office of the
225 county in which he or she is located. The sexual predator shall
226 specify the date upon which he or she intends to or did vacate
227 such residence. If the sexual predator is released from custody
228 in a homeless or transient status, he or she must report in
229 person to the sheriff’s office in the county in which he or she
230 is located within 24 hours. The sexual predator must provide or
231 update all of the registration information required under
232 paragraph (a). The sexual predator must provide an address for
233 the residence or other place that he or she is or will be
234 located during the time in which he or she fails to establish or
235 maintain a permanent or temporary residence.
236 3. A sexual predator who remains at a permanent, temporary,
237 or transient residence after reporting his or her intent to
238 vacate such residence shall, within 48 hours after the date upon
239 which the predator indicated he or she would or did vacate such
240 residence, report in person to the sheriff’s office to which he
241 or she reported pursuant to subparagraph 2. for the purpose of
242 reporting his or her address at such residence. When the sheriff
243 receives the report, the sheriff shall promptly convey the
244 information to the department. An offender who makes a report as
245 required under subparagraph 2. but fails to make a report as
246 required under this subparagraph commits a felony of the second
247 degree, punishable as provided in s. 775.082, s. 775.083, or s.
248 775.084.
249 4. A sexual predator must register all any electronic mail
250 addresses and Internet identifiers address or instant message
251 name with the department prior to using such electronic mail
252 addresses and Internet identifiers address or instant message
253 name on or after October 1, 2007. The department shall establish
254 an online system through which sexual predators may securely
255 access and update all electronic mail address and Internet
256 identifier instant message name information.
257 (i) A sexual predator who intends to establish a permanent,
258 temporary, or transient residence in another state or
259 jurisdiction other than the State of Florida shall report in
260 person to the sheriff of the county of current residence within
261 48 hours before the date he or she intends to leave this state
262 to establish residence in another state or jurisdiction or
263 within 21 days before his or her planned departure date if the
264 intended residence of 7 days or more is outside of the United
265 States. The sexual predator must provide to the sheriff the
266 address, municipality, county, and state, and country of
267 intended residence. The sheriff shall promptly provide to the
268 department the information received from the sexual predator.
269 The department shall notify the statewide law enforcement
270 agency, or a comparable agency, in the intended state, or
271 jurisdiction, or country of residence of the sexual predator’s
272 intended residence. The failure of a sexual predator to provide
273 his or her intended place of residence is punishable as provided
274 in subsection (10).
275 (j) A sexual predator who indicates his or her intent to
276 establish a permanent, temporary, or transient residence in
277 another state, a or jurisdiction other than the State of
278 Florida, or another country and later decides to remain in this
279 state shall, within 48 hours after the date upon which the
280 sexual predator indicated he or she would leave this state,
281 report in person to the sheriff to which the sexual predator
282 reported the intended change of residence, and report his or her
283 intent to remain in this state. If the sheriff is notified by
284 the sexual predator that he or she intends to remain in this
285 state, the sheriff shall promptly report this information to the
286 department. A sexual predator who reports his or her intent to
287 establish a permanent, temporary, or transient residence in
288 another state, a or jurisdiction other than the State of
289 Florida, or another country, but who remains in this state
290 without reporting to the sheriff in the manner required by this
291 paragraph, commits a felony of the second degree, punishable as
292 provided in s. 775.082, s. 775.083, or s. 775.084.
293 (8) VERIFICATION.—The department and the Department of
294 Corrections shall implement a system for verifying the addresses
295 of sexual predators. The system must be consistent with the
296 provisions of the federal Adam Walsh Child Protection and Safety
297 Act of 2006 and any other federal standards applicable to such
298 verification or required to be met as a condition for the
299 receipt of federal funds by the state. The Department of
300 Corrections shall verify the addresses of sexual predators who
301 are not incarcerated but who reside in the community under the
302 supervision of the Department of Corrections and shall report to
303 the department any failure by a sexual predator to comply with
304 registration requirements. County and local law enforcement
305 agencies, in conjunction with the department, shall verify the
306 addresses of sexual predators who are not under the care,
307 custody, control, or supervision of the Department of
308 Corrections. Local law enforcement agencies shall report to the
309 department any failure by a sexual predator to comply with
310 registration requirements.
311 (a) A sexual predator must report in person each year
312 during the month of the sexual predator’s birthday and during
313 every third month thereafter to the sheriff’s office in the
314 county in which he or she resides or is otherwise located to
315 reregister. The sheriff’s office may determine the appropriate
316 times and days for reporting by the sexual predator, which shall
317 be consistent with the reporting requirements of this paragraph.
318 Reregistration shall include any changes to the following
319 information:
320 1. Name; social security number; age; race; sex; date of
321 birth; height; weight; hair and eye color; address of any
322 permanent residence and address of any current temporary
323 residence, within the state or out of state, including a rural
324 route address and a post office box; if no permanent or
325 temporary address, any transient residence within the state;
326 address, location or description, and dates of any current or
327 known future temporary residence within the state or out of
328 state; all any electronic mail addresses address and all
329 Internet identifiers any instant message name required to be
330 provided pursuant to subparagraph (6)(g)4.; all home telephone
331 numbers number and any cellular telephone numbers number; date
332 and place of any employment; vehicle make, model, color, and
333 license tag number; fingerprints; and photograph. A post office
334 box shall not be provided in lieu of a physical residential
335 address. The sexual predator must also produce or provide
336 information about his or her passport, if he or she has a
337 passport, and, if he or she is an alien, must produce or provide
338 information about documents establishing his or her immigration
339 status.
340 2. If the sexual predator is enrolled, employed, or
341 carrying on a vocation at an institution of higher education in
342 this state, the sexual predator shall also provide to the
343 department the name, address, and county of each institution,
344 including each campus attended, and the sexual predator’s
345 enrollment or employment status.
346 3. If the sexual predator’s place of residence is a motor
347 vehicle, trailer, mobile home, or manufactured home, as defined
348 in chapter 320, the sexual predator shall also provide the
349 vehicle identification number; the license tag number; the
350 registration number; and a description, including color scheme,
351 of the motor vehicle, trailer, mobile home, or manufactured
352 home. If the sexual predator’s place of residence is a vessel,
353 live-aboard vessel, or houseboat, as defined in chapter 327, the
354 sexual predator shall also provide the hull identification
355 number; the manufacturer’s serial number; the name of the
356 vessel, live-aboard vessel, or houseboat; the registration
357 number; and a description, including color scheme, of the
358 vessel, live-aboard vessel, or houseboat.
359 (10) PENALTIES.—
360 (a) Except as otherwise specifically provided, a sexual
361 predator who fails to register; who fails, after registration,
362 to maintain, acquire, or renew a driver driver’s license or
363 identification card; who fails to provide required location
364 information, electronic mail address information, Internet
365 identifier instant message name information, all home telephone
366 numbers number and any cellular telephone numbers number, or
367 change-of-name information; who fails to make a required report
368 in connection with vacating a permanent residence; who fails to
369 reregister as required; who fails to respond to any address
370 verification correspondence from the department within 3 weeks
371 of the date of the correspondence; or who otherwise fails, by
372 act or omission, to comply with the requirements of this
373 section, commits a felony of the third degree, punishable as
374 provided in s. 775.082, s. 775.083, or s. 775.084.
375 Section 2. Paragraphs (a) and (g) of subsection (1),
376 subsection (2), paragraphs (a) and (d) of subsection (4),
377 subsections (7) and (8), and paragraph (c) of subsection (14) of
378 section 943.0435, Florida Statutes, are amended to read:
379 943.0435 Sexual offenders required to register with the
380 department; penalty.—
381 (1) As used in this section, the term:
382 (a)1. “Sexual offender” means a person who meets the
383 criteria in sub-subparagraph a., sub-subparagraph b., sub
384 subparagraph c., or sub-subparagraph d., as follows:
385 a.(I) Has been convicted of committing, or attempting,
386 soliciting, or conspiring to commit, any of the criminal
387 offenses proscribed in the following statutes in this state or
388 similar offenses in another jurisdiction: s. 787.01, s. 787.02,
389 or s. 787.025(2)(c), where the victim is a minor and the
390 defendant is not the victim’s parent or guardian; s. 794.011,
391 excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
392 800.04; s. 825.1025; s. 826.04 where the victim is a minor and
393 the defendant is 18 years of age or older; s. 827.071; s.
394 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
395 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
396 committed in this state which has been redesignated from a
397 former statute number to one of those listed in this sub-sub
398 subparagraph; and
399 (II) Has been released on or after October 1, 1997, from
400 the sanction imposed for any conviction of an offense described
401 in sub-sub-subparagraph (I). For purposes of sub-sub
402 subparagraph (I), a sanction imposed in this state or in any
403 other jurisdiction includes, but is not limited to, a fine,
404 probation, community control, parole, conditional release,
405 control release, or incarceration in a state prison, federal
406 prison, private correctional facility, or local detention
407 facility;
408 b. Establishes or maintains a residence in this state and
409 who has not been designated as a sexual predator by a court of
410 this state but who has been designated as a sexual predator, as
411 a sexually violent predator, or by another sexual offender
412 designation in another state or jurisdiction and was, as a
413 result of such designation, subjected to registration or
414 community or public notification, or both, or would be if the
415 person were a resident of that state or jurisdiction, without
416 regard to whether the person otherwise meets the criteria for
417 registration as a sexual offender;
418 c. Establishes or maintains a residence in this state who
419 is in the custody or control of, or under the supervision of,
420 any other state or jurisdiction as a result of a conviction for
421 committing, or attempting, soliciting, or conspiring to commit,
422 any of the criminal offenses proscribed in the following
423 statutes or similar offense in another jurisdiction: s. 787.01,
424 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
425 the defendant is not the victim’s parent or guardian; s.
426 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
427 796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
428 minor and the defendant is 18 years of age or older; s. 827.071;
429 s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
430 s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
431 offense committed in this state which has been redesignated from
432 a former statute number to one of those listed in this sub
433 subparagraph; or
434 d. On or after July 1, 2007, has been adjudicated
435 delinquent for committing, or attempting, soliciting, or
436 conspiring to commit, any of the criminal offenses proscribed in
437 the following statutes in this state or similar offenses in
438 another jurisdiction when the juvenile was 14 years of age or
439 older at the time of the offense:
440 (I) Section 794.011, excluding s. 794.011(10);
441 (II) Section 800.04(4)(b) where the victim is under 12
442 years of age or where the court finds sexual activity by the use
443 of force or coercion;
444 (III) Section 800.04(5)(c)1. where the court finds
445 molestation involving unclothed genitals; or
446 (IV) Section 800.04(5)(d) where the court finds the use of
447 force or coercion and unclothed genitals.
448 2. For all qualifying offenses listed in sub-subparagraph
449 (1)(a)1.d., the court shall make a written finding of the age of
450 the offender at the time of the offense.
451
452 For each violation of a qualifying offense listed in this
453 subsection, the court shall make a written finding of the age of
454 the victim at the time of the offense. For a violation of s.
455 800.04(4), the court shall additionally make a written finding
456 indicating that the offense did or did not involve sexual
457 activity and indicating that the offense did or did not involve
458 force or coercion. For a violation of s. 800.04(5), the court
459 shall additionally make a written finding that the offense did
460 or did not involve unclothed genitals or genital area and that
461 the offense did or did not involve the use of force or coercion.
462 (g) “Internet identifier Instant message name” has the same
463 meaning as provided in s. 775.21 means an identifier that allows
464 a person to communicate in real time with another person using
465 the Internet.
466 (2) A sexual offender shall:
467 (a) Report in person at the sheriff’s office:
468 1. In the county in which the offender establishes or
469 maintains a permanent, temporary, or transient residence within
470 48 hours after:
471 a. Establishing permanent, temporary, or transient
472 residence in this state; or
473 b. Being released from the custody, control, or supervision
474 of the Department of Corrections or from the custody of a
475 private correctional facility; or
476 2. In the county where he or she was convicted within 48
477 hours after being convicted for a qualifying offense for
478 registration under this section if the offender is not in the
479 custody or control of, or under the supervision of, the
480 Department of Corrections, or is not in the custody of a private
481 correctional facility.
482
483 Any change in the information required to be provided pursuant
484 to paragraph (b), including, but not limited to, any change in
485 the sexual offender’s permanent, temporary, or transient
486 residence, name, all any electronic mail addresses address and
487 all Internet identifiers any instant message name required to be
488 provided pursuant to paragraph (4)(d), after the sexual offender
489 reports in person at the sheriff’s office, shall be accomplished
490 in the manner provided in subsections (4), (7), and (8).
491 (b) Provide his or her name; date of birth; social security
492 number; race; sex; height; weight; hair and eye color; tattoos
493 or other identifying marks; occupation and place of employment;
494 address of permanent or legal residence or address of any
495 current temporary residence, within the state or out of state,
496 including a rural route address and a post office box; if no
497 permanent or temporary address, any transient residence within
498 the state, address, location or description, and dates of any
499 current or known future temporary residence within the state or
500 out of state; all home telephone numbers number and any cellular
501 telephone numbers number; all any electronic mail addresses
502 address and all Internet identifiers any instant message name
503 required to be provided pursuant to paragraph (4)(d); date and
504 place of each conviction; and a brief description of the crime
505 or crimes committed by the offender. A post office box shall not
506 be provided in lieu of a physical residential address. The
507 sexual offender must also produce or provide information about
508 his or her passport, if he or she has a passport, and, if he or
509 she is an alien, must produce or provide information about
510 documents establishing his or her immigration status.
511 1. If the sexual offender’s place of residence is a motor
512 vehicle, trailer, mobile home, or manufactured home, as defined
513 in chapter 320, the sexual offender shall also provide to the
514 department through the sheriff’s office written notice of the
515 vehicle identification number; the license tag number; the
516 registration number; and a description, including color scheme,
517 of the motor vehicle, trailer, mobile home, or manufactured
518 home. If the sexual offender’s place of residence is a vessel,
519 live-aboard vessel, or houseboat, as defined in chapter 327, the
520 sexual offender shall also provide to the department written
521 notice of the hull identification number; the manufacturer’s
522 serial number; the name of the vessel, live-aboard vessel, or
523 houseboat; the registration number; and a description, including
524 color scheme, of the vessel, live-aboard vessel, or houseboat.
525 2. If the sexual offender is enrolled, employed, or
526 carrying on a vocation at an institution of higher education in
527 this state, the sexual offender shall also provide to the
528 department through the sheriff’s office the name, address, and
529 county of each institution, including each campus attended, and
530 the sexual offender’s enrollment or employment status. Each
531 change in enrollment or employment status shall be reported in
532 person at the sheriff’s office, within 48 hours after any change
533 in status. The sheriff shall promptly notify each institution of
534 the sexual offender’s presence and any change in the sexual
535 offender’s enrollment or employment status.
536
537 When a sexual offender reports at the sheriff’s office, the
538 sheriff shall take a photograph and a set of fingerprints of the
539 offender and forward the photographs and fingerprints to the
540 department, along with the information provided by the sexual
541 offender. The sheriff shall promptly provide to the department
542 the information received from the sexual offender.
543 (4)(a) Each time a sexual offender’s driver driver’s
544 license or identification card is subject to renewal, and,
545 without regard to the status of the offender’s driver driver’s
546 license or identification card, within 48 hours after any change
547 in the offender’s permanent, temporary, or transient residence
548 or change in the offender’s name by reason of marriage or other
549 legal process, the offender shall report in person to a driver
550 driver’s license office, and shall be subject to the
551 requirements specified in subsection (3). The Department of
552 Highway Safety and Motor Vehicles shall forward to the
553 department all photographs and information provided by sexual
554 offenders. Notwithstanding the restrictions set forth in s.
555 322.142, the Department of Highway Safety and Motor Vehicles is
556 authorized to release a reproduction of a color-photograph or
557 digital-image license to the Department of Law Enforcement for
558 purposes of public notification of sexual offenders as provided
559 in this section and ss. 943.043 and 944.606. A sexual offender
560 who is unable to secure or update a driver license or
561 identification card with the Department of Highway Safety and
562 Motor Vehicles as provided in subsection (3) and this subsection
563 must also report any change in the sexual offender’s permanent,
564 temporary, or transient residence or change in the offender’s
565 name by reason of marriage or other legal process within 48
566 hours after the change to the sheriff’s office in the county
567 where the offender resides or is located and provide
568 confirmation that he or she reported such information to
569 Department of Highway Safety and Motor Vehicles.
570 (d) A sexual offender must register all any electronic mail
571 addresses and Internet identifiers address or instant message
572 name with the department prior to using such electronic mail
573 addresses and Internet identifiers address or instant message
574 name on or after October 1, 2007. The department shall establish
575 an online system through which sexual offenders may securely
576 access and update all electronic mail address and Internet
577 identifier instant message name information.
578 (7) A sexual offender who intends to establish a permanent,
579 temporary, or transient residence in another state or
580 jurisdiction other than the State of Florida shall report in
581 person to the sheriff of the county of current residence within
582 48 hours before the date he or she intends to leave this state
583 to establish residence in another state or jurisdiction or
584 within 21 days before his or her planned departure date if the
585 intended residence of 7 days or more is outside of the United
586 States. The notification must include the address, municipality,
587 county, and state, and country of intended residence. The
588 sheriff shall promptly provide to the department the information
589 received from the sexual offender. The department shall notify
590 the statewide law enforcement agency, or a comparable agency, in
591 the intended state, or jurisdiction, or country of residence of
592 the sexual offender’s intended residence. The failure of a
593 sexual offender to provide his or her intended place of
594 residence is punishable as provided in subsection (9).
595 (8) A sexual offender who indicates his or her intent to
596 establish a permanent, temporary, or transient residence in
597 another state, a or jurisdiction other than the State of
598 Florida, or another country and later decides to remain in this
599 state shall, within 48 hours after the date upon which the
600 sexual offender indicated he or she would leave this state,
601 report in person to the sheriff to which the sexual offender
602 reported the intended change of permanent, temporary, or
603 transient residence, and report his or her intent to remain in
604 this state. The sheriff shall promptly report this information
605 to the department. A sexual offender who reports his or her
606 intent to establish a permanent, temporary, or transient
607 residence in another state, a or jurisdiction other than the
608 State of Florida, or another country but who remains in this
609 state without reporting to the sheriff in the manner required by
610 this subsection commits a felony of the second degree,
611 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
612 (14)
613 (c) The sheriff’s office may determine the appropriate
614 times and days for reporting by the sexual offender, which shall
615 be consistent with the reporting requirements of this
616 subsection. Reregistration shall include any changes to the
617 following information:
618 1. Name; social security number; age; race; sex; date of
619 birth; height; weight; hair and eye color; address of any
620 permanent residence and address of any current temporary
621 residence, within the state or out of state, including a rural
622 route address and a post office box; if no permanent or
623 temporary address, any transient residence within the state;
624 address, location or description, and dates of any current or
625 known future temporary residence within the state or out of
626 state; all any electronic mail addresses address and all
627 Internet identifiers any instant message name required to be
628 provided pursuant to paragraph (4)(d); all home telephone
629 numbers number and all any cellular telephone numbers number;
630 date and place of any employment; vehicle make, model, color,
631 and license tag number; fingerprints; and photograph. A post
632 office box shall not be provided in lieu of a physical
633 residential address. The sexual offender must also produce or
634 provide information about his or her passport, if he or she has
635 a passport, and, if he or she is an alien, must produce or
636 provide information about documents establishing his or her
637 immigration status.
638 2. If the sexual offender is enrolled, employed, or
639 carrying on a vocation at an institution of higher education in
640 this state, the sexual offender shall also provide to the
641 department the name, address, and county of each institution,
642 including each campus attended, and the sexual offender’s
643 enrollment or employment status.
644 3. If the sexual offender’s place of residence is a motor
645 vehicle, trailer, mobile home, or manufactured home, as defined
646 in chapter 320, the sexual offender shall also provide the
647 vehicle identification number; the license tag number; the
648 registration number; and a description, including color scheme,
649 of the motor vehicle, trailer, mobile home, or manufactured
650 home. If the sexual offender’s place of residence is a vessel,
651 live-aboard vessel, or houseboat, as defined in chapter 327, the
652 sexual offender shall also provide the hull identification
653 number; the manufacturer’s serial number; the name of the
654 vessel, live-aboard vessel, or houseboat; the registration
655 number; and a description, including color scheme, of the
656 vessel, live-aboard vessel or houseboat.
657 4. Any sexual offender who fails to report in person as
658 required at the sheriff’s office, or who fails to respond to any
659 address verification correspondence from the department within 3
660 weeks of the date of the correspondence or who fails to report
661 all electronic mail addresses and all Internet identifiers or
662 instant message names, commits a felony of the third degree,
663 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
664 Section 3. Section 943.04351, Florida Statutes, is amended
665 to read:
666 943.04351 Search of registration information regarding
667 sexual predators and sexual offenders required prior to
668 appointment or employment.—A state agency or governmental
669 subdivision, prior to making any decision to appoint or employ a
670 person to work, whether for compensation or as a volunteer, at
671 any park, playground, day care center, or other place where
672 children regularly congregate, must conduct a search of that
673 person’s name or other identifying information against the
674 registration information regarding sexual predators and sexual
675 offenders maintained by the Department of Law Enforcement under
676 s. 943.043. The agency or governmental subdivision may conduct
677 the search using the Internet site maintained by the Department
678 of Law Enforcement. Also, a national search must be conducted
679 through the Dru Sjodin National Sex Offender Public Website
680 maintained by the United States Department of Justice. This
681 section does not apply to those positions or appointments within
682 a state agency or governmental subdivision for which a state and
683 national criminal history background check is conducted.
684 Section 4. Section 943.04354, Florida Statutes, is amended
685 to read:
686 943.04354 Removal of the requirement to register as a
687 sexual offender or sexual predator in special circumstances.—
688 (1) For purposes of this section, a person shall be
689 considered for removal of the requirement to register as a
690 sexual offender or sexual predator only if the person:
691 (a) Was or will be convicted or adjudicated delinquent of a
692 violation of s. 794.011, s. 800.04, s. 827.071, or s.
693 847.0135(5) or the person committed a violation of s. 794.011,
694 s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
695 of guilt was or will be withheld, and the person does not have
696 any other conviction, adjudication of delinquency, or withhold
697 of adjudication of guilt for a violation of s. 794.011, s.
698 800.04, s. 827.071, or s. 847.0135(5);
699 (b) Is required to register as a sexual offender or sexual
700 predator solely on the basis of this violation; and
701 (c) Is not more than 4 years older than the victim of this
702 violation who was 13 14 years of age or older but not more than
703 18 17 years of age at the time the person committed this
704 violation.
705 (2) If a person meets the criteria in subsection (1) and
706 the violation of s. 794.011, s. 800.04, s. 827.071, or s.
707 847.0135(5) was committed on or after July 1, 2007, the person
708 may move the court that will sentence or dispose of this
709 violation to remove the requirement that the person register as
710 a sexual offender or sexual predator. The person must allege in
711 the motion that he or she meets the criteria in subsection (1)
712 and that removal of the registration requirement will not
713 conflict with federal law. The state attorney must be given
714 notice of the motion at least 21 days before the date of
715 sentencing or disposition of this violation and may present
716 evidence in opposition to the requested relief or may otherwise
717 demonstrate why the motion should be denied. At sentencing or
718 disposition of this violation, the court shall rule on this
719 motion and, if the court determines the person meets the
720 criteria in subsection (1) and the removal of the registration
721 requirement will not conflict with federal law, it may grant the
722 motion and order the removal of the registration requirement. If
723 the court denies the motion, the person is not authorized under
724 this section to petition for removal of the registration
725 requirement.
726 (3)(a) This subsection applies to a person who:
727 1. Is not a person described in subsection (2) because the
728 violation of s. 794.011, s. 800.04, or s. 827.071 was not
729 committed on or after July 1, 2007;
730 1.2. Is subject to registration as a sexual offender or
731 sexual predator for a violation of s. 794.011, s. 800.04, or s.
732 827.071; and
733 2.3. Meets the criteria in subsection (1).
734 (b) A person may petition the court in which the sentence
735 or disposition for the violation of s. 794.011, s. 800.04, or s.
736 827.071 occurred for removal of the requirement to register as a
737 sexual offender or sexual predator. The person must allege in
738 the petition that he or she meets the criteria in subsection (1)
739 and removal of the registration requirement will not conflict
740 with federal law. The state attorney must be given notice of the
741 petition at least 21 days before the hearing on the petition and
742 may present evidence in opposition to the requested relief or
743 may otherwise demonstrate why the petition should be denied. The
744 court shall rule on the petition and, if the court determines
745 the person meets the criteria in subsection (1) and removal of
746 the registration requirement will not conflict with federal law,
747 it may grant the petition and order the removal of the
748 registration requirement. If the court denies the petition, the
749 person is not authorized under this section to file any further
750 petition for removal of the registration requirement.
751 (4) If a person provides to the Department of Law
752 Enforcement a certified copy of the court’s order removing the
753 requirement that the person register as a sexual offender or
754 sexual predator for the violation of s. 794.011, s. 800.04, s.
755 827.071, or s. 847.0135(5), the registration requirement will
756 not apply to the person and the department shall remove all
757 information about the person from the public registry of sexual
758 offenders and sexual predators maintained by the department.
759 However, the removal of this information from the public
760 registry does not mean that the public is denied access to
761 information about the person’s criminal history or record that
762 is otherwise available as a public record.
763 Section 5. Subsection (2) and paragraph (a) of subsection
764 (3) of section 943.0437, Florida Statutes, are amended to read:
765 943.0437 Commercial social networking websites.—
766 (2) The department may provide information relating to
767 electronic mail addresses and Internet identifiers instant
768 message names maintained as part of the sexual offender registry
769 to commercial social networking websites or third parties
770 designated by commercial social networking websites. The
771 commercial social networking website may use this information
772 for the purpose of comparing registered users and screening
773 potential users of the commercial social networking website
774 against the list of electronic mail addresses and Internet
775 identifiers instant message names provided by the department.
776 (3) This section shall not be construed to impose any civil
777 liability on a commercial social networking website for:
778 (a) Any action voluntarily taken in good faith to remove or
779 disable any profile of a registered user associated with an
780 electronic mail address or Internet identifier instant message
781 name contained in the sexual offender registry.
782 Section 6. Paragraphs (b) and (d) of subsection (1) and
783 paragraph (a) of subsection (3) of section 944.606, Florida
784 Statutes, are amended to read:
785 944.606 Sexual offenders; notification upon release.—
786 (1) As used in this section:
787 (b) “Sexual offender” means a person who has been convicted
788 of committing, or attempting, soliciting, or conspiring to
789 commit, any of the criminal offenses proscribed in the following
790 statutes in this state or similar offenses in another
791 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
792 the victim is a minor and the defendant is not the victim’s
793 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
794 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 826.04
795 where the victim is a minor and the defendant is 18 years of age
796 or older; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
797 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
798 985.701(1); or any similar offense committed in this state which
799 has been redesignated from a former statute number to one of
800 those listed in this subsection, when the department has
801 received verified information regarding such conviction; an
802 offender’s computerized criminal history record is not, in and
803 of itself, verified information.
804 (d) “Internet identifier Instant message name” has the same
805 meaning as provided in s. 775.21 means an identifier that allows
806 a person to communicate in real time with another person using
807 the Internet.
808 (3)(a) The department must provide information regarding
809 any sexual offender who is being released after serving a period
810 of incarceration for any offense, as follows:
811 1. The department must provide: the sexual offender’s name,
812 any change in the offender’s name by reason of marriage or other
813 legal process, and any alias, if known; the correctional
814 facility from which the sexual offender is released; the sexual
815 offender’s social security number, race, sex, date of birth,
816 height, weight, and hair and eye color; address of any planned
817 permanent residence or temporary residence, within the state or
818 out of state, including a rural route address and a post office
819 box; if no permanent or temporary address, any transient
820 residence within the state; address, location or description,
821 and dates of any known future temporary residence within the
822 state or out of state; date and county of sentence and each
823 crime for which the offender was sentenced; a copy of the
824 offender’s fingerprints and a digitized photograph taken within
825 60 days before release; the date of release of the sexual
826 offender; all any electronic mail addresses address and all
827 Internet identifiers any instant message name required to be
828 provided pursuant to s. 943.0435(4)(d); all and home telephone
829 numbers number and any cellular telephone numbers; and passport
830 information, if he or she has a passport, and, if he or she is
831 an alien, information about documents establishing his or her
832 immigration status number. The department shall notify the
833 Department of Law Enforcement if the sexual offender escapes,
834 absconds, or dies. If the sexual offender is in the custody of a
835 private correctional facility, the facility shall take the
836 digitized photograph of the sexual offender within 60 days
837 before the sexual offender’s release and provide this photograph
838 to the Department of Corrections and also place it in the sexual
839 offender’s file. If the sexual offender is in the custody of a
840 local jail, the custodian of the local jail shall register the
841 offender within 3 business days after intake of the offender for
842 any reason and upon release, and shall notify the Department of
843 Law Enforcement of the sexual offender’s release and provide to
844 the Department of Law Enforcement the information specified in
845 this paragraph and any information specified in subparagraph 2.
846 that the Department of Law Enforcement requests.
847 2. The department may provide any other information deemed
848 necessary, including criminal and corrections records,
849 nonprivileged personnel and treatment records, when available.
850 Section 7. Paragraphs (a) and (f) of subsection (1),
851 paragraph (a) of subsection (4), paragraph (b) of subsection
852 (6), and paragraph (c) of subsection (13) of section 944.607,
853 Florida Statutes, are amended to read:
854 944.607 Notification to Department of Law Enforcement of
855 information on sexual offenders.—
856 (1) As used in this section, the term:
857 (a) “Sexual offender” means a person who is in the custody
858 or control of, or under the supervision of, the department or is
859 in the custody of a private correctional facility:
860 1. On or after October 1, 1997, as a result of a conviction
861 for committing, or attempting, soliciting, or conspiring to
862 commit, any of the criminal offenses proscribed in the following
863 statutes in this state or similar offenses in another
864 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
865 the victim is a minor and the defendant is not the victim’s
866 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
867 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 826.04
868 where the victim is a minor and the defendant is 18 years of age
869 or older; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
870 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
871 985.701(1); or any similar offense committed in this state which
872 has been redesignated from a former statute number to one of
873 those listed in this paragraph; or
874 2. Who establishes or maintains a residence in this state
875 and who has not been designated as a sexual predator by a court
876 of this state but who has been designated as a sexual predator,
877 as a sexually violent predator, or by another sexual offender
878 designation in another state or jurisdiction and was, as a
879 result of such designation, subjected to registration or
880 community or public notification, or both, or would be if the
881 person were a resident of that state or jurisdiction, without
882 regard as to whether the person otherwise meets the criteria for
883 registration as a sexual offender.
884 (f) “Internet identifier Instant message name” has the same
885 meaning as provided in s. 775.21 means an identifier that allows
886 a person to communicate in real time with another person using
887 the Internet.
888 (4) A sexual offender, as described in this section, who is
889 under the supervision of the Department of Corrections but is
890 not incarcerated must register with the Department of
891 Corrections within 3 business days after sentencing for a
892 registrable offense and otherwise provide information as
893 required by this subsection.
894 (a) The sexual offender shall provide his or her name; date
895 of birth; social security number; race; sex; height; weight;
896 hair and eye color; tattoos or other identifying marks; all any
897 electronic mail addresses address and all Internet identifiers
898 any instant message name required to be provided pursuant to s.
899 943.0435(4)(d); permanent or legal residence and address of
900 temporary residence within the state or out of state while the
901 sexual offender is under supervision in this state, including
902 any rural route address or post office box; if no permanent or
903 temporary address, any transient residence within the state; and
904 address, location or description, and dates of any current or
905 known future temporary residence within the state or out of
906 state. The sexual offender must also produce or provide
907 information about his or her passport, if he or she has a
908 passport, and, if he or she is an alien, must produce or provide
909 information about documents establishing his or her immigration
910 status. The Department of Corrections shall verify the address
911 of each sexual offender in the manner described in ss. 775.21
912 and 943.0435. The department shall report to the Department of
913 Law Enforcement any failure by a sexual predator or sexual
914 offender to comply with registration requirements.
915 (6) The information provided to the Department of Law
916 Enforcement must include:
917 (b) The sexual offender’s most current address, place of
918 permanent, temporary, or transient residence within the state or
919 out of state, and address, location or description, and dates of
920 any current or known future temporary residence within the state
921 or out of state, while the sexual offender is under supervision
922 in this state, including the name of the county or municipality
923 in which the offender permanently or temporarily resides, or has
924 a transient residence, and address, location or description, and
925 dates of any current or known future temporary residence within
926 the state or out of state, and, if known, the intended place of
927 permanent, temporary, or transient residence, and address,
928 location or description, and dates of any current or known
929 future temporary residence within the state or out of state upon
930 satisfaction of all sanctions. The sexual offender must also
931 produce or provide information about his or her passport, if he
932 or she has a passport, and, if he or she is an alien, must
933 produce or provide information about documents establishing his
934 or her immigration status;
935
936 If any information provided by the department changes during the
937 time the sexual offender is under the department’s control,
938 custody, or supervision, including any change in the offender’s
939 name by reason of marriage or other legal process, the
940 department shall, in a timely manner, update the information and
941 provide it to the Department of Law Enforcement in the manner
942 prescribed in subsection (2).
943 (13)
944 (c) The sheriff’s office may determine the appropriate
945 times and days for reporting by the sexual offender, which shall
946 be consistent with the reporting requirements of this
947 subsection. Reregistration shall include any changes to the
948 following information:
949 1. Name; social security number; age; race; sex; date of
950 birth; height; weight; hair and eye color; address of any
951 permanent residence and address of any current temporary
952 residence, within the state or out of state, including a rural
953 route address and a post office box; if no permanent or
954 temporary address, any transient residence; address, location or
955 description, and dates of any current or known future temporary
956 residence within the state or out of state; all any electronic
957 mail addresses address and all Internet identifiers any instant
958 message name required to be provided pursuant to s.
959 943.0435(4)(d); date and place of any employment; vehicle make,
960 model, color, and license tag number; fingerprints; and
961 photograph. A post office box shall not be provided in lieu of a
962 physical residential address. The sexual offender must also
963 produce or provide information about his or her passport, if he
964 or she has a passport, and, if he or she is an alien, must
965 produce or provide information about documents establishing his
966 or her immigration status.
967 2. If the sexual offender is enrolled, employed, or
968 carrying on a vocation at an institution of higher education in
969 this state, the sexual offender shall also provide to the
970 department the name, address, and county of each institution,
971 including each campus attended, and the sexual offender’s
972 enrollment or employment status.
973 3. If the sexual offender’s place of residence is a motor
974 vehicle, trailer, mobile home, or manufactured home, as defined
975 in chapter 320, the sexual offender shall also provide the
976 vehicle identification number; the license tag number; the
977 registration number; and a description, including color scheme,
978 of the motor vehicle, trailer, mobile home, or manufactured
979 home. If the sexual offender’s place of residence is a vessel,
980 live-aboard vessel, or houseboat, as defined in chapter 327, the
981 sexual offender shall also provide the hull identification
982 number; the manufacturer’s serial number; the name of the
983 vessel, live-aboard vessel, or houseboat; the registration
984 number; and a description, including color scheme, of the
985 vessel, live-aboard vessel or houseboat.
986 4. Any sexual offender who fails to report in person as
987 required at the sheriff’s office, or who fails to respond to any
988 address verification correspondence from the department within 3
989 weeks of the date of the correspondence, or who fails to report
990 all electronic mail addresses and all Internet identifiers or
991 instant message names, commits a felony of the third degree,
992 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
993 Section 8. Subsection (11) of section 947.005, Florida
994 Statutes, is amended to read:
995 947.005 Definitions.—As used in this chapter, unless the
996 context clearly indicates otherwise:
997 (11) “Risk assessment” means an assessment completed by a
998 an independent qualified practitioner to evaluate the level of
999 risk associated when a sex offender has contact with a child.
1000 Section 9. Subsection (13) is added to section 947.1405,
1001 Florida Statutes, to read:
1002 947.1405 Conditional release program.—
1003 (13) In addition to all other conditions imposed, for a
1004 releasee who is subject to conditional release for a crime that
1005 was committed on or after July 1, 2012, and who has been
1006 convicted at any time of a violation of s. 800.04(7)(b) or s.
1007 847.0135, or a similar offense in another jurisdiction, the
1008 commission must order electronic monitoring for the duration of
1009 the releasee’s supervision.
1010 Section 10. Subsection (3) of section 948.30, Florida
1011 Statutes, is amended, and subsection (5) is added to that
1012 section, to read:
1013 948.30 Additional terms and conditions of probation or
1014 community control for certain sex offenses.—Conditions imposed
1015 pursuant to this section do not require oral pronouncement at
1016 the time of sentencing and shall be considered standard
1017 conditions of probation or community control for offenders
1018 specified in this section.
1019 (3) Effective for a probationer or community controllee
1020 whose crime was committed on or after September 1, 2005, and
1021 who:
1022 (a) Is placed on probation or community control for a
1023 violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
1024 or s. 847.0145 and the unlawful sexual activity involved a
1025 victim 15 years of age or younger and the offender is 18 years
1026 of age or older;
1027 (b) Is designated a sexual predator pursuant to s. 775.21
1028 or a similar designation in another jurisdiction; or
1029 (c) Has previously been convicted of a violation of chapter
1030 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 or a
1031 similar offense in another jurisdiction and the unlawful sexual
1032 activity involved a victim 15 years of age or younger and the
1033 offender is 18 years of age or older,
1034
1035 the court must order, in addition to any other provision of this
1036 section, mandatory electronic monitoring as a condition of the
1037 probation or community control supervision.
1038 (5) Effective for a probationer or community controllee
1039 whose crime was committed on or after July 1, 2012, and who:
1040 (a)1. Is placed on probation or community control for a
1041 violation of s. 800.04(7)(b) or s. 847.0135; or
1042 2. Has previously been convicted of a violation of s.
1043 800.04(7)(b) or s. 847.0135, or a similar offense in another
1044 jurisdiction,
1045
1046 the court must order, in addition to any other requirements of
1047 this section, mandatory electronic monitoring as a condition of
1048 the probation or community control supervision.
1049 (b) Is placed on probation or community control for a
1050 violation of s. 847.0135(3) or (4), the court shall subject the
1051 probationer or community controllee to the requirements of
1052 subsections (1) and (2).
1053 Section 11. Section 948.31, Florida Statutes, is amended to
1054 read:
1055 948.31 Evaluation and treatment of sexual predators and
1056 offenders on probation or community control.—Conditions imposed
1057 pursuant to this section do not require oral pronouncement at
1058 the time of sentencing and shall be considered standard
1059 conditions of probation or community control for offenders
1060 specified in this section.
1061 (1) The court shall require an evaluation by a qualified
1062 practitioner to determine the need of a probationer or community
1063 controllee for treatment. If the court determines that a need
1064 therefor is established by the evaluation process, the court
1065 shall require sexual offender treatment as a term or condition
1066 of probation or community control for any person who is required
1067 to register as a sexual predator under s. 775.21 or sexual
1068 offender under s. 943.0435, s. 944.606, or s. 944.607 to
1069 determine the need of the probationer or community controllee
1070 for sex offender treatment while on probation or community
1071 control. The evaluation and recommendations for any treatment of
1072 the probationer or community controllee shall be provided to the
1073 court for review. Such treatment shall be required to be
1074 obtained from a qualified practitioner as defined in s. 948.001.
1075 (2) If the court determines that a need for treatment is
1076 established by the evaluation process, the treatment must be
1077 obtained from a qualified practitioner. The community controllee
1078 or probationer must actively participate in and successfully
1079 complete any recommended treatment. The court shall also require
1080 the community controllee or probationer to comply with the
1081 treatment program rules, which can include, but are not limited
1082 to, a safety plan and polygraph examinations for treatment
1083 purposes.
1084 (3) The court may, when it is recommended by a qualified
1085 practitioner or the supervising probation officer, also restrict
1086 the probationer or community controllee from having unsupervised
1087 contact with a minor or prohibit him or her from residing with a
1088 minor.
1089 (4) Treatment may not be administered by a qualified
1090 practitioner who has been convicted or adjudicated delinquent of
1091 committing, or attempting, soliciting, or conspiring to commit,
1092 any offense that is listed in s. 943.0435(1)(a)1.a.(I). The
1093 court shall impose a restriction against contact with minors if
1094 sexual offender treatment is recommended. The evaluation and
1095 recommendations for treatment of the probationer or community
1096 controllee shall be provided to the court for review.
1097 Section 12. Paragraph (a) of subsection (3) of section
1098 985.481, Florida Statutes, is amended to read:
1099 985.481 Sexual offenders adjudicated delinquent;
1100 notification upon release.—
1101 (3)(a) The department must provide information regarding
1102 any sexual offender who is being released after serving a period
1103 of residential commitment under the department for any offense,
1104 as follows:
1105 1. The department must provide the sexual offender’s name,
1106 any change in the offender’s name by reason of marriage or other
1107 legal process, and any alias, if known; the correctional
1108 facility from which the sexual offender is released; the sexual
1109 offender’s social security number, race, sex, date of birth,
1110 height, weight, and hair and eye color; address of any planned
1111 permanent residence or temporary residence, within the state or
1112 out of state, including a rural route address and a post office
1113 box; if no permanent or temporary address, any transient
1114 residence within the state; address, location or description,
1115 and dates of any known future temporary residence within the
1116 state or out of state; date and county of disposition and each
1117 crime for which there was a disposition; a copy of the
1118 offender’s fingerprints and a digitized photograph taken within
1119 60 days before release; the date of release of the sexual
1120 offender; all and home telephone numbers number and any cellular
1121 telephone numbers; and passport information, if he or she has a
1122 passport, and, if he or she is an alien, information about
1123 documents establishing his or her immigration status number. The
1124 department shall notify the Department of Law Enforcement if the
1125 sexual offender escapes, absconds, or dies. If the sexual
1126 offender is in the custody of a private correctional facility,
1127 the facility shall take the digitized photograph of the sexual
1128 offender within 60 days before the sexual offender’s release and
1129 also place it in the sexual offender’s file. If the sexual
1130 offender is in the custody of a local jail, the custodian of the
1131 local jail shall register the offender within 3 business days
1132 after intake of the offender for any reason and upon release,
1133 and shall notify the Department of Law Enforcement of the sexual
1134 offender’s release and provide to the Department of Law
1135 Enforcement the information specified in this subparagraph and
1136 any information specified in subparagraph 2. which the
1137 Department of Law Enforcement requests.
1138 2. The department may provide any other information
1139 considered necessary, including criminal and delinquency
1140 records, when available.
1141 Section 13. Paragraph (a) of subsection (4), paragraph (a)
1142 of subsection (6), and paragraph (b) of subsection (13) of
1143 section 985.4815, Florida Statutes, are amended to read:
1144 985.4815 Notification to Department of Law Enforcement of
1145 information on juvenile sexual offenders.—
1146 (4) A sexual offender, as described in this section, who is
1147 under the supervision of the department but who is not committed
1148 must register with the department within 3 business days after
1149 adjudication and disposition for a registrable offense and
1150 otherwise provide information as required by this subsection.
1151 (a) The sexual offender shall provide his or her name; date
1152 of birth; social security number; race; sex; height; weight;
1153 hair and eye color; tattoos or other identifying marks;
1154 permanent or legal residence and address of temporary residence
1155 within the state or out of state while the sexual offender is in
1156 the care or custody or under the jurisdiction or supervision of
1157 the department in this state, including any rural route address
1158 or post office box; if no permanent or temporary address, any
1159 transient residence; address, location or description, and dates
1160 of any current or known future temporary residence within the
1161 state or out of state; passport information, if he or she has a
1162 passport, and, if he or she is an alien, information about
1163 documents establishing his or her immigration status; and the
1164 name and address of each school attended. The department shall
1165 verify the address of each sexual offender and shall report to
1166 the Department of Law Enforcement any failure by a sexual
1167 offender to comply with registration requirements.
1168 (6)(a) The information provided to the Department of Law
1169 Enforcement must include the following:
1170 1. The information obtained from the sexual offender under
1171 subsection (4).
1172 2. The sexual offender’s most current address and place of
1173 permanent, temporary, or transient residence within the state or
1174 out of state, and address, location or description, and dates of
1175 any current or known future temporary residence within the state
1176 or out of state, while the sexual offender is in the care or
1177 custody or under the jurisdiction or supervision of the
1178 department in this state, including the name of the county or
1179 municipality in which the offender permanently or temporarily
1180 resides, or has a transient residence, and address, location or
1181 description, and dates of any current or known future temporary
1182 residence within the state or out of state; and, if known, the
1183 intended place of permanent, temporary, or transient residence,
1184 and address, location or description, and dates of any current
1185 or known future temporary residence within the state or out of
1186 state upon satisfaction of all sanctions. The sexual offender
1187 must also produce or provide information about his or her
1188 passport, if he or she has a passport, and, if he or she is an
1189 alien, must produce or provide information about documents
1190 establishing his or her immigration status.
1191 3. The legal status of the sexual offender and the
1192 scheduled termination date of that legal status.
1193 4. The location of, and local telephone number for, any
1194 department office that is responsible for supervising the sexual
1195 offender.
1196 5. An indication of whether the victim of the offense that
1197 resulted in the offender’s status as a sexual offender was a
1198 minor.
1199 6. The offense or offenses at adjudication and disposition
1200 that resulted in the determination of the offender’s status as a
1201 sex offender.
1202 7. A digitized photograph of the sexual offender, which
1203 must have been taken within 60 days before the offender was
1204 released from the custody of the department or a private
1205 correctional facility by expiration of sentence under s.
1206 944.275, or within 60 days after the onset of the department’s
1207 supervision of any sexual offender who is on probation,
1208 postcommitment probation, residential commitment, nonresidential
1209 commitment, licensed child-caring commitment, community control,
1210 conditional release, parole, provisional release, or control
1211 release or who is supervised by the department under the
1212 Interstate Compact Agreement for Probationers and Parolees. If
1213 the sexual offender is in the custody of a private correctional
1214 facility, the facility shall take a digitized photograph of the
1215 sexual offender within the time period provided in this
1216 subparagraph and shall provide the photograph to the department.
1217 (13)
1218 (b) The sheriff’s office may determine the appropriate
1219 times and days for reporting by the sexual offender, which shall
1220 be consistent with the reporting requirements of this
1221 subsection. Reregistration shall include any changes to the
1222 following information:
1223 1. Name; social security number; age; race; sex; date of
1224 birth; height; weight; hair and eye color; address of any
1225 permanent residence and address of any current temporary
1226 residence, within the state or out of state, including a rural
1227 route address and a post office box; if no permanent or
1228 temporary address, any transient residence; address, location or
1229 description, and dates of any current or known future temporary
1230 residence within the state or out of state; passport
1231 information, if he or she has a passport, and, if he or she is
1232 an alien, information about documents establishing his or her
1233 immigration status; name and address of each school attended;
1234 date and place of any employment; vehicle make, model, color,
1235 and license tag number; fingerprints; and photograph. A post
1236 office box shall not be provided in lieu of a physical
1237 residential address.
1238 2. If the sexual offender is enrolled, employed, or
1239 carrying on a vocation at an institution of higher education in
1240 this state, the sexual offender shall also provide to the
1241 department the name, address, and county of each institution,
1242 including each campus attended, and the sexual offender’s
1243 enrollment or employment status.
1244 3. If the sexual offender’s place of residence is a motor
1245 vehicle, trailer, mobile home, or manufactured home, as defined
1246 in chapter 320, the sexual offender shall also provide the
1247 vehicle identification number; the license tag number; the
1248 registration number; and a description, including color scheme,
1249 of the motor vehicle, trailer, mobile home, or manufactured
1250 home. If the sexual offender’s place of residence is a vessel,
1251 live-aboard vessel, or houseboat, as defined in chapter 327, the
1252 sexual offender shall also provide the hull identification
1253 number; the manufacturer’s serial number; the name of the
1254 vessel, live-aboard vessel, or houseboat; the registration
1255 number; and a description, including color scheme, of the
1256 vessel, live-aboard vessel, or houseboat.
1257 4. Any sexual offender who fails to report in person as
1258 required at the sheriff’s office, or who fails to respond to any
1259 address verification correspondence from the department within 3
1260 weeks after the date of the correspondence, commits a felony of
1261 the third degree, punishable as provided in ss. 775.082,
1262 775.083, and 775.084.
1263 Section 14. Effective July 1, 2012, paragraphs (m) and (n)
1264 are added to subsection (2) of section 903.046, Florida
1265 Statutes, to read:
1266 903.046 Purpose of and criteria for bail determination.—
1267 (2) When determining whether to release a defendant on bail
1268 or other conditions, and what that bail or those conditions may
1269 be, the court shall consider:
1270 (m) Whether the defendant, other than a defendant whose
1271 only criminal charge is a misdemeanor offense under chapter 316,
1272 is required to register as a sexual offender under s. 943.0435;
1273 and, if so, he or she is not eligible for release on bail or
1274 surety bond until the first appearance on the case in order to
1275 ensure the full participation of the prosecutor and the
1276 protection of the public.
1277 (n) Whether the defendant, other than a defendant whose
1278 only criminal charge is a misdemeanor offense under chapter 316,
1279 is required to register as a sexual predator under s. 775.21;
1280 and, if so, he or she is not eligible for release on bail or
1281 surety bond until the first appearance on the case in order to
1282 ensure the full participation of the prosecutor and the
1283 protection of the public.
1284 Section 15. Subsection (1) of section 948.012, Florida
1285 Statutes, is amended to read:
1286 948.012 Split sentence of probation or community control
1287 and imprisonment.—
1288 (1) Whenever punishment by imprisonment for a misdemeanor
1289 or a felony, except for a capital felony, is prescribed, the
1290 court, in its discretion, may, at the time of sentencing, impose
1291 a split sentence whereby the defendant is to be placed on
1292 probation or, with respect to any such felony, into community
1293 control upon completion of any specified period of such sentence
1294 which may include a term of years or less. In such case, the
1295 court shall stay and withhold the imposition of the remainder of
1296 sentence imposed upon the defendant and direct that the
1297 defendant be placed upon probation or into community control
1298 after serving such period as may be imposed by the court. The
1299 period of probation or community control shall commence
1300 immediately upon the release of the defendant from
1301 incarceration, whether by parole or gain-time allowances.
1302 Section 16. Section 948.039, Florida Statutes, is amended
1303 to read:
1304 948.039 Special terms and conditions of probation or
1305 community control imposed by court order.—The court may
1306 determine any special terms and conditions of probation or
1307 community control. The terms and conditions should be reasonably
1308 related to the circumstances of the offense committed and
1309 appropriate for the offender. The court shall impose the special
1310 terms and conditions by oral pronouncement at sentencing and
1311 include the terms and conditions in the written sentencing
1312 order. The probation or community control period shall commence
1313 immediately upon the release of the offender from incarceration.
1314 Special terms and conditions may include, but are not limited
1315 to, requirements that the offender:
1316 (1) Attend an HIV/AIDS awareness program consisting of a
1317 class of not less than 2 hours or more than 4 hours in length,
1318 if such a program is available in the county of the offender’s
1319 residence. The offender shall pay the cost of attending the
1320 program.
1321 (2) Pay not more than $1 per month during the term of
1322 probation or community control to a nonprofit organization
1323 established for the sole purpose of supplementing the
1324 rehabilitative efforts of the Department of Corrections.
1325 Section 17. If any provision of this act or its application
1326 to any person or circumstance is held invalid, the invalidity
1327 does not affect other provisions or applications of the act
1328 which can be given effect without the invalid provision or
1329 application, and to this end the provisions of this act are
1330 declared severable.
1331 Section 18. Except as otherwise expressly provided in this
1332 act and except for this section, which shall take effect upon
1333 this act becoming a law, this act shall take effect April 30,
1334 2013.
