Bill Text: FL S1800 | 2012 | Regular Session | Comm Sub

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Bill Title: Sex Offenses

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-09 - Died in Budget [S1800 Detail]

Download: Florida-2012-S1800-Comm_Sub.html

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       Florida Senate - 2012                             CS for SB 1800
       
       
       
       By the Committee on Criminal Justice; and Senator Altman
       
       
       
       
       591-03533-12                                          20121800c1
    1                        A bill to be entitled                      
    2         An act relating to sex offenses; amending s. 775.21,
    3         F.S.; replacing the definition of the term “instant
    4         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; adding additional offenses to the list of
    9         sexual predator qualifying offenses; requiring
   10         disclosure of additional information during the sexual
   11         predator registration process; requiring that a sexual
   12         predator who is unable to secure or update a driver
   13         license or identification card within a specified
   14         period must report specified information to the local
   15         sheriff’s office within a specified period after such
   16         change with confirmation that he or she also reported
   17         such information to the Department of Highway Safety
   18         and Motor Vehicles; revising reporting requirements if
   19         a sexual predator plans to leave the United States for
   20         more than a specified period; providing criminal
   21         penalties for knowingly providing false registration
   22         information by act or omission; amending s. 800.03,
   23         F.S.; providing enhanced penalties for third or
   24         subsequent indecent exposure violations; amending s.
   25         903.046, F.S.; requiring a court considering whether
   26         to release a defendant on bail to determine whether
   27         the defendant is subject to registration as a sexual
   28         offender or sexual predator and, if so, to hold the
   29         defendant without bail until the first appearance on
   30         the case; providing an exception; amending s.
   31         943.0435, F.S.; adding additional offenses to the list
   32         of sexual offender qualifying offenses; replacing the
   33         definition of the term “instant message name” with the
   34         definition of the term “Internet identifier”;
   35         conforming provisions; requiring disclosure of
   36         additional sexual offender registration information;
   37         requiring that a sexual offender who is unable to
   38         secure or update a driver license or identification
   39         card within a specified period must report specified
   40         information to the local sheriff’s office within a
   41         specified period of such change with confirmation that
   42         he or she also reported such information to the
   43         Department of Highway Safety and Motor Vehicles;
   44         providing additional requirements for sexual offenders
   45         intending to reside outside of the United States;
   46         revising criteria applicable to provisions allowing
   47         removal from the requirement to register as a sexual
   48         offender; providing criminal penalties for knowingly
   49         providing false registration information by act or
   50         omission; amending s. 943.04351, F.S.; requiring a
   51         specified national search of registration information
   52         regarding sexual predators and sexual offenders prior
   53         to appointment or employment of persons by state
   54         agencies and governmental subdivisions; amending s.
   55         943.04354, F.S.; revising the criteria applicable to
   56         provisions allowing removal of the requirement to
   57         register as a sexual offender or sexual predator;
   58         amending s. 943.0437, F.S.; replacing the term
   59         “instant message name” with the term “Internet
   60         identifier”; amending ss. 944.606 and 944.607, F.S.;
   61         adding additional offenses to the list of sexual
   62         offender qualifying offenses; replacing the definition
   63         of the term “instant message name” with the definition
   64         of the term “Internet identifier”; conforming
   65         provisions; requiring disclosure of additional
   66         registration information; providing criminal penalties
   67         for knowingly providing false registration information
   68         by act or omission; amending s. 947.005, F.S.;
   69         revising the definition of the term “risk assessment”;
   70         amending s. 948.31, F.S.; authorizing the court to
   71         require sexual offenders and sexual predators who are
   72         on probation or community control to undergo an
   73         evaluation to determine whether the offender or
   74         predator needs sexual offender treatment; requiring
   75         the probationer or community controllee to pay for the
   76         treatment; removing a provision prohibiting contact
   77         with minors if sexual offender treatment is
   78         recommended; amending ss. 985.481 and 985.4815, F.S.;
   79         requiring disclosure of additional registration
   80         information by certain sexual offenders adjudicated
   81         delinquent and certain juvenile sexual offenders;
   82         providing criminal penalties for knowingly providing
   83         false registration information by act or omission;
   84         amending s. 947.1405, F.S.; requiring the commission
   85         to order electronic monitoring for certain conditional
   86         releasees; amending s. 948.30, F.S.; requiring the
   87         court to order electronic monitoring for certain
   88         offenders; amending s. 921.0022, F.S.; correcting
   89         references; providing an effective date.
   90  
   91  Be It Enacted by the Legislature of the State of Florida:
   92  
   93         Section 1. Paragraph (i) of subsection (2), paragraph (a)
   94  of subsection (4), subsections (6) and (8), and paragraph (a) of
   95  subsection (10) of section 775.21, Florida Statutes, are amended
   96  to read:
   97         775.21 The Florida Sexual Predators Act.—
   98         (2) DEFINITIONS.—As used in this section, the term:
   99         (i) “Internet identifier Instant message name” means all
  100  electronic mail, chat, instant messenger, social networking, or
  101  similar name used for Internet communication, but does not
  102  include a date of birth, social security number, or personal
  103  identification number (PIN). Voluntary disclosure by the sexual
  104  predator of his or her date of birth, social security number, or
  105  personal identification number (PIN) as an Internet identifier
  106  waives the disclosure exemption in this paragraph for such
  107  personal information an identifier that allows a person to
  108  communicate in real time with another person using the Internet.
  109         (4) SEXUAL PREDATOR CRITERIA.—
  110         (a) For a current offense committed on or after October 1,
  111  1993, upon conviction, an offender shall be designated as a
  112  “sexual predator” under subsection (5), and subject to
  113  registration under subsection (6) and community and public
  114  notification under subsection (7) if:
  115         1. The felony is:
  116         a. A capital, life, or first-degree felony violation, or
  117  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  118  is a minor and the defendant is not the victim’s parent or
  119  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
  120  violation of a similar law of another jurisdiction; or
  121         b. Any felony violation, or any attempt thereof, of s.
  122  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  123  787.025(2)(c), where the victim is a minor and the defendant is
  124  not the victim’s parent or guardian; s. 794.011, excluding s.
  125  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 796.045; s.
  126  800.04; s. 825.1025 825.1025(2)(b); s. 827.071; s. 847.0135(5);
  127  s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of
  128  a similar law of another jurisdiction, and the offender has
  129  previously been convicted of or found to have committed, or has
  130  pled nolo contendere or guilty to, regardless of adjudication,
  131  any violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  132  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  133  defendant is not the victim’s parent or guardian; s. 794.011,
  134  excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
  135  796.045; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
  136  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2);
  137  or s. 985.701(1); or a violation of a similar law of another
  138  jurisdiction;
  139         2. The offender has not received a pardon for any felony or
  140  similar law of another jurisdiction that is necessary for the
  141  operation of this paragraph; and
  142         3. A conviction of a felony or similar law of another
  143  jurisdiction necessary to the operation of this paragraph has
  144  not been set aside in any postconviction proceeding.
  145         (6) REGISTRATION.—
  146         (a) A sexual predator must register with the department
  147  through the sheriff’s office by providing the following
  148  information to the department:
  149         1. Name; social security number; age; race; sex; date of
  150  birth; height; weight; tattoos or other identifying marks; hair
  151  and eye color; photograph; address of legal residence and
  152  address of any current temporary residence, within the state or
  153  out of state, including a rural route address and a post office
  154  box; if no permanent or temporary address, any transient
  155  residence within the state; address, location or description,
  156  and dates of any current or known future temporary residence
  157  within the state or out of state; all any electronic mail
  158  addresses address and all Internet identifiers any instant
  159  message name required to be provided pursuant to subparagraph
  160  (g)4.; all home telephone numbers number and any cellular
  161  telephone numbers number; date and place of any employment; the
  162  make, model, color, registration number, and license tag number
  163  of all vehicles owned; date and place of each conviction;
  164  fingerprints; palm prints; and a brief description of the crime
  165  or crimes committed by the offender. A post office box shall not
  166  be provided in lieu of a physical residential address. The
  167  sexual predator must also produce his or her passport, if he or
  168  she has a passport, and, if he or she is an alien, must produce
  169  or provide information about documents establishing his or her
  170  immigration status. The sexual predator must also provide
  171  information about any professional licenses he or she may have.
  172         a. If the sexual predator’s place of residence is a motor
  173  vehicle, trailer, mobile home, or manufactured home, as defined
  174  in chapter 320, the sexual predator shall also provide to the
  175  department written notice of the vehicle identification number;
  176  the license tag number; the registration number; and a
  177  description, including color scheme, of the motor vehicle,
  178  trailer, mobile home, or manufactured home. If a sexual
  179  predator’s place of residence is a vessel, live-aboard vessel,
  180  or houseboat, as defined in chapter 327, the sexual predator
  181  shall also provide to the department written notice of the hull
  182  identification number; the manufacturer’s serial number; the
  183  name of the vessel, live-aboard vessel, or houseboat; the
  184  registration number; and a description, including color scheme,
  185  of the vessel, live-aboard vessel, or houseboat.
  186         b. If the sexual predator is enrolled, employed,
  187  volunteering, or carrying on a vocation at an institution of
  188  higher education in this state, the sexual predator shall also
  189  provide to the department the name, address, and county of each
  190  institution, including each campus attended, and the sexual
  191  predator’s enrollment, volunteer, or employment status. Each
  192  change in enrollment or employment status shall be reported in
  193  person at the sheriff’s office, or the Department of Corrections
  194  if the sexual predator is in the custody or control of or under
  195  the supervision of the Department of Corrections, within 48
  196  hours after any change in status. The sheriff or the Department
  197  of Corrections shall promptly notify each institution of the
  198  sexual predator’s presence and any change in the sexual
  199  predator’s enrollment, volunteer, or employment status.
  200         2. Any other information determined necessary by the
  201  department, including criminal and corrections records;
  202  nonprivileged personnel and treatment records; and evidentiary
  203  genetic markers when available.
  204         (b) If the sexual predator is in the custody or control of,
  205  or under the supervision of, the Department of Corrections, or
  206  is in the custody of a private correctional facility, the sexual
  207  predator must register with the Department of Corrections. A
  208  sexual predator who is under the supervision of the Department
  209  of Corrections but who is not incarcerated must register with
  210  the Department of Corrections within 3 business days after the
  211  court finds the offender to be a sexual predator. The Department
  212  of Corrections shall provide to the department registration
  213  information and the location of, and local telephone number for,
  214  any Department of Corrections office that is responsible for
  215  supervising the sexual predator. In addition, the Department of
  216  Corrections shall notify the department if the sexual predator
  217  escapes or absconds from custody or supervision or if the sexual
  218  predator dies.
  219         (c) If the sexual predator is in the custody of a local
  220  jail, the custodian of the local jail shall register the sexual
  221  predator within 3 business days after intake of the sexual
  222  predator for any reason and upon release, and shall forward the
  223  registration information to the department. The custodian of the
  224  local jail shall also take a digitized photograph of the sexual
  225  predator while the sexual predator remains in custody and shall
  226  provide the digitized photograph to the department. The
  227  custodian shall notify the department if the sexual predator
  228  escapes from custody or dies.
  229         (d) If the sexual predator is under federal supervision,
  230  the federal agency responsible for supervising the sexual
  231  predator may forward to the department any information regarding
  232  the sexual predator which is consistent with the information
  233  provided by the Department of Corrections under this section,
  234  and may indicate whether use of the information is restricted to
  235  law enforcement purposes only or may be used by the department
  236  for purposes of public notification.
  237         (e)1. If the sexual predator is not in the custody or
  238  control of, or under the supervision of, the Department of
  239  Corrections or is not in the custody of a private correctional
  240  facility, the sexual predator shall register in person:
  241         a. At the sheriff’s office in the county where he or she
  242  establishes or maintains a residence within 48 hours after
  243  establishing or maintaining a residence in this state; and
  244         b. At the sheriff’s office in the county where he or she
  245  was designated a sexual predator by the court within 48 hours
  246  after such finding is made.
  247         2. Any change in the sexual predator’s permanent or
  248  temporary residence, name, or all any electronic mail addresses
  249  address and all Internet identifiers any instant message name
  250  required to be provided pursuant to subparagraph (g)4., after
  251  the sexual predator registers in person at the sheriff’s office
  252  as provided in subparagraph 1., shall be accomplished in the
  253  manner provided in paragraphs (g), (i), and (j). When a sexual
  254  predator registers with the sheriff’s office, the sheriff shall
  255  take a photograph, and a set of fingerprints, and palm prints of
  256  the predator and forward the photographs, palm prints, and
  257  fingerprints to the department, along with the information that
  258  the predator is required to provide pursuant to this section.
  259         (f) Within 48 hours after the registration required under
  260  paragraph (a) or paragraph (e), a sexual predator who is not
  261  incarcerated and who resides in the community, including a
  262  sexual predator under the supervision of the Department of
  263  Corrections, shall register in person at a driver driver’s
  264  license office of the Department of Highway Safety and Motor
  265  Vehicles and shall present proof of registration. At the driver
  266  driver’s license office the sexual predator shall:
  267         1. If otherwise qualified, secure a Florida driver driver’s
  268  license, renew a Florida driver driver’s license, or secure an
  269  identification card. The sexual predator shall identify himself
  270  or herself as a sexual predator who is required to comply with
  271  this section, provide his or her place of permanent, temporary,
  272  or transient residence, including a rural route address and a
  273  post office box, and submit to the taking of a photograph for
  274  use in issuing a driver driver’s license, renewed license, or
  275  identification card, and for use by the department in
  276  maintaining current records of sexual predators. A post office
  277  box shall not be provided in lieu of a physical residential
  278  address. If the sexual predator’s place of residence is a motor
  279  vehicle, trailer, mobile home, or manufactured home, as defined
  280  in chapter 320, the sexual predator shall also provide to the
  281  Department of Highway Safety and Motor Vehicles the vehicle
  282  identification number; the license tag number; the registration
  283  number; and a description, including color scheme, of the motor
  284  vehicle, trailer, mobile home, or manufactured home. If a sexual
  285  predator’s place of residence is a vessel, live-aboard vessel,
  286  or houseboat, as defined in chapter 327, the sexual predator
  287  shall also provide to the Department of Highway Safety and Motor
  288  Vehicles the hull identification number; the manufacturer’s
  289  serial number; the name of the vessel, live-aboard vessel, or
  290  houseboat; the registration number; and a description, including
  291  color scheme, of the vessel, live-aboard vessel, or houseboat.
  292         2. Pay the costs assessed by the Department of Highway
  293  Safety and Motor Vehicles for issuing or renewing a driver
  294  driver’s license or identification card as required by this
  295  section. The driver driver’s license or identification card
  296  issued to the sexual predator must be in compliance with s.
  297  322.141(3).
  298         3. Provide, upon request, any additional information
  299  necessary to confirm the identity of the sexual predator,
  300  including a set of fingerprints.
  301         (g)1. Each time a sexual predator’s driver driver’s license
  302  or identification card is subject to renewal, and, without
  303  regard to the status of the predator’s driver driver’s license
  304  or identification card, within 48 hours after any change of the
  305  predator’s residence or change in the predator’s name by reason
  306  of marriage or other legal process, the predator shall report in
  307  person to a driver driver’s license office and shall be subject
  308  to the requirements specified in paragraph (f). The Department
  309  of Highway Safety and Motor Vehicles shall forward to the
  310  department and to the Department of Corrections all photographs
  311  and information provided by sexual predators. Notwithstanding
  312  the restrictions set forth in s. 322.142, the Department of
  313  Highway Safety and Motor Vehicles is authorized to release a
  314  reproduction of a color-photograph or digital-image license to
  315  the Department of Law Enforcement for purposes of public
  316  notification of sexual predators as provided in this section. A
  317  sexual predator who is unable to secure or update a driver
  318  license or identification card with the Department of Highway
  319  Safety and Motor Vehicles as provided in paragraph (f) and this
  320  paragraph must also report any change of the predator’s
  321  residence or change in the predator’s name by reason of marriage
  322  or other legal process within 48 hours after the change to the
  323  sheriff’s office in the county where the predator resides or is
  324  located and provide confirmation that he or she reported such
  325  information to the Department of Highway Safety and Motor
  326  Vehicles.
  327         2. A sexual predator who vacates a permanent, temporary, or
  328  transient residence and fails to establish or maintain another
  329  permanent, temporary, or transient residence shall, within 48
  330  hours after vacating the permanent, temporary, or transient
  331  residence, report in person to the sheriff’s office of the
  332  county in which he or she is located. The sexual predator shall
  333  specify the date upon which he or she intends to or did vacate
  334  such residence. The sexual predator must provide or update all
  335  of the registration information required under paragraph (a).
  336  The sexual predator must provide an address for the residence or
  337  other place that he or she is or will be located during the time
  338  in which he or she fails to establish or maintain a permanent or
  339  temporary residence.
  340         3. A sexual predator who remains at a permanent, temporary,
  341  or transient residence after reporting his or her intent to
  342  vacate such residence shall, within 48 hours after the date upon
  343  which the predator indicated he or she would or did vacate such
  344  residence, report in person to the sheriff’s office to which he
  345  or she reported pursuant to subparagraph 2. for the purpose of
  346  reporting his or her address at such residence. When the sheriff
  347  receives the report, the sheriff shall promptly convey the
  348  information to the department. An offender who makes a report as
  349  required under subparagraph 2. but fails to make a report as
  350  required under this subparagraph commits a felony of the second
  351  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  352  775.084.
  353         4. A sexual predator must register all any electronic mail
  354  addresses and Internet identifiers address or instant message
  355  name with the department prior to using such electronic mail
  356  addresses and Internet identifiers address or instant message
  357  name on or after October 1, 2007. The department shall establish
  358  an online system through which sexual predators may securely
  359  access and update all electronic mail address and Internet
  360  identifier instant message name information.
  361         (h) The department must notify the sheriff and the state
  362  attorney of the county and, if applicable, the police chief of
  363  the municipality, where the sexual predator maintains a
  364  residence.
  365         (i) A sexual predator who intends to establish a permanent,
  366  temporary, or transient residence in another state or
  367  jurisdiction other than the State of Florida shall report in
  368  person to the sheriff of the county of current residence within
  369  48 hours before the date he or she intends to leave this state
  370  to establish residence in another state or jurisdiction or
  371  within 21 days before his or her planned departure date if the
  372  intended residence of 5 days or more is outside of the United
  373  States. The sexual predator must provide to the sheriff the
  374  address, municipality, county, and state, and country of
  375  intended residence. The sheriff shall promptly provide to the
  376  department the information received from the sexual predator.
  377  The department shall notify the statewide law enforcement
  378  agency, or a comparable agency, in the intended state, or
  379  jurisdiction, or country of residence of the sexual predator’s
  380  intended residence. The failure of a sexual predator to provide
  381  his or her intended place of residence is punishable as provided
  382  in subsection (10).
  383         (j) A sexual predator who indicates his or her intent to
  384  establish a permanent, temporary, or transient residence in
  385  another state, a or jurisdiction other than the State of
  386  Florida, or another country and later decides to remain in this
  387  state shall, within 48 hours after the date upon which the
  388  sexual predator indicated he or she would leave this state,
  389  report in person to the sheriff to which the sexual predator
  390  reported the intended change of residence, and report his or her
  391  intent to remain in this state. If the sheriff is notified by
  392  the sexual predator that he or she intends to remain in this
  393  state, the sheriff shall promptly report this information to the
  394  department. A sexual predator who reports his or her intent to
  395  establish a permanent, temporary, or transient residence in
  396  another state, a or jurisdiction other than the State of
  397  Florida, or another country, but who remains in this state
  398  without reporting to the sheriff in the manner required by this
  399  paragraph, commits a felony of the second degree, punishable as
  400  provided in s. 775.082, s. 775.083, or s. 775.084.
  401         (k)1. The department is responsible for the online
  402  maintenance of current information regarding each registered
  403  sexual predator. The department must maintain hotline access for
  404  state, local, and federal law enforcement agencies to obtain
  405  instantaneous locator file and offender characteristics
  406  information on all released registered sexual predators for
  407  purposes of monitoring, tracking, and prosecution. The
  408  photograph and fingerprints do not have to be stored in a
  409  computerized format.
  410         2. The department’s sexual predator registration list,
  411  containing the information described in subparagraph (a)1., is a
  412  public record. The department is authorized to disseminate this
  413  public information by any means deemed appropriate, including
  414  operating a toll-free telephone number for this purpose. When
  415  the department provides information regarding a registered
  416  sexual predator to the public, department personnel must advise
  417  the person making the inquiry that positive identification of a
  418  person believed to be a sexual predator cannot be established
  419  unless a fingerprint comparison is made, and that it is illegal
  420  to use public information regarding a registered sexual predator
  421  to facilitate the commission of a crime.
  422         3. The department shall adopt guidelines as necessary
  423  regarding the registration of sexual predators and the
  424  dissemination of information regarding sexual predators as
  425  required by this section.
  426         (l) A sexual predator must maintain registration with the
  427  department for the duration of his or her life, unless the
  428  sexual predator has received a full pardon or has had a
  429  conviction set aside in a postconviction proceeding for any
  430  offense that met the criteria for the sexual predator
  431  designation.
  432         (8) VERIFICATION.—The department and the Department of
  433  Corrections shall implement a system for verifying the addresses
  434  of sexual predators. The system must be consistent with the
  435  provisions of the federal Adam Walsh Child Protection and Safety
  436  Act of 2006 and any other federal standards applicable to such
  437  verification or required to be met as a condition for the
  438  receipt of federal funds by the state. The Department of
  439  Corrections shall verify the addresses of sexual predators who
  440  are not incarcerated but who reside in the community under the
  441  supervision of the Department of Corrections and shall report to
  442  the department any failure by a sexual predator to comply with
  443  registration requirements. County and local law enforcement
  444  agencies, in conjunction with the department, shall verify the
  445  addresses of sexual predators who are not under the care,
  446  custody, control, or supervision of the Department of
  447  Corrections. Local law enforcement agencies shall report to the
  448  department any failure by a sexual predator to comply with
  449  registration requirements.
  450         (a) A sexual predator must report in person each year
  451  during the month of the sexual predator’s birthday and during
  452  every third month thereafter to the sheriff’s office in the
  453  county in which he or she resides or is otherwise located to
  454  reregister. The sheriff’s office may determine the appropriate
  455  times and days for reporting by the sexual predator, which shall
  456  be consistent with the reporting requirements of this paragraph.
  457  Reregistration shall include any changes to the following
  458  information:
  459         1. Name; social security number; age; race; sex; date of
  460  birth; height; weight; tattoos or other identifying marks; hair
  461  and eye color; address of any permanent residence and address of
  462  any current temporary residence, within the state or out of
  463  state, including a rural route address and a post office box; if
  464  no permanent or temporary address, any transient residence
  465  within the state; address, location or description, and dates of
  466  any current or known future temporary residence within the state
  467  or out of state; all any electronic mail addresses address and
  468  all Internet identifiers any instant message name required to be
  469  provided pursuant to subparagraph (6)(g)4.; all home telephone
  470  numbers number and any cellular telephone numbers number; date
  471  and place of any employment; the vehicle make, model, color,
  472  registration number, and license tag number of all vehicles
  473  owned; fingerprints; palm prints; and photograph. A post office
  474  box shall not be provided in lieu of a physical residential
  475  address. The sexual predator must also produce his or her
  476  passport, if he or she has a passport, and, if he or she is an
  477  alien, must produce or provide information about documents
  478  establishing his or her immigration status. The sexual predator
  479  must also provide information about any professional licenses he
  480  or she may have.
  481         2. If the sexual predator is enrolled, employed,
  482  volunteering, or carrying on a vocation at an institution of
  483  higher education in this state, the sexual predator shall also
  484  provide to the department the name, address, and county of each
  485  institution, including each campus attended, and the sexual
  486  predator’s enrollment, volunteer, or employment status.
  487         3. If the sexual predator’s place of residence is a motor
  488  vehicle, trailer, mobile home, or manufactured home, as defined
  489  in chapter 320, the sexual predator shall also provide the
  490  vehicle identification number; the license tag number; the
  491  registration number; and a description, including color scheme,
  492  of the motor vehicle, trailer, mobile home, or manufactured
  493  home. If the sexual predator’s place of residence is a vessel,
  494  live-aboard vessel, or houseboat, as defined in chapter 327, the
  495  sexual predator shall also provide the hull identification
  496  number; the manufacturer’s serial number; the name of the
  497  vessel, live-aboard vessel, or houseboat; the registration
  498  number; and a description, including color scheme, of the
  499  vessel, live-aboard vessel, or houseboat.
  500         (b) The sheriff’s office shall, within 2 working days,
  501  electronically submit and update all information provided by the
  502  sexual predator to the department in a manner prescribed by the
  503  department.
  504         (10) PENALTIES.—
  505         (a) Except as otherwise specifically provided, a sexual
  506  predator who fails to register; who fails, after registration,
  507  to maintain, acquire, or renew a driver driver’s license or
  508  identification card; who fails to provide required location
  509  information, electronic mail address information, Internet
  510  identifier instant message name information, all home telephone
  511  numbers number and any cellular telephone numbers number, or
  512  change-of-name information; who fails to make a required report
  513  in connection with vacating a permanent residence; who fails to
  514  reregister as required; who fails to respond to any address
  515  verification correspondence from the department within 3 weeks
  516  of the date of the correspondence; who knowingly provides false
  517  registration information by act or omission; or who otherwise
  518  fails, by act or omission, to comply with the requirements of
  519  this section, commits a felony of the third degree, punishable
  520  as provided in s. 775.082, s. 775.083, or s. 775.084.
  521         Section 2. Section 800.03, Florida Statutes, is amended to
  522  read:
  523         800.03 Exposure of sexual organs.—
  524         (1) It is unlawful to expose or exhibit one’s sexual organs
  525  in public or on the private premises of another, or so near
  526  thereto as to be seen from such private premises, in a vulgar or
  527  indecent manner, or to be naked in public except in any place
  528  provided or set apart for that purpose.
  529         (2)(a) Except as provided in paragraph (b), a violation of
  530  this section is a misdemeanor of the first degree, punishable as
  531  provided in s. 775.082 or s. 775.083.
  532         (b) A third or subsequent violation of this section is a
  533  felony of the third degree, punishable as provided in s.
  534  775.082, s. 775.083, or s. 775.084.
  535         (3) A mother’s breastfeeding of her baby does not under any
  536  circumstance violate this section.
  537         Section 3. Paragraph (m) is added to subsection (2) of
  538  section 903.046, Florida Statutes, to read:
  539         903.046 Purpose of and criteria for bail determination.—
  540         (2) When determining whether to release a defendant on bail
  541  or other conditions, and what that bail or those conditions may
  542  be, the court shall consider:
  543         (m) Whether the defendant, other than a defendant whose
  544  only criminal charge is a misdemeanor offense under chapter 316,
  545  is required to register as a sexual offender under s. 943.0435
  546  or a sexual predator under s. 775.21; and, if so, he or she is
  547  not eligible for release on bail or surety bond until the first
  548  appearance on the case in order to ensure the full participation
  549  of the prosecutor and the protection of the public.
  550         Section 4. Paragraphs (a) and (g) of subsection (1),
  551  subsection (2), paragraphs (a) and (d) of subsection (4),
  552  subsections (7), (8), and (11), and paragraph (c) of subsection
  553  (14) of section 943.0435, Florida Statutes, are amended to read:
  554         943.0435 Sexual offenders required to register with the
  555  department; penalty.—
  556         (1) As used in this section, the term:
  557         (a)1. “Sexual offender” means a person who meets the
  558  criteria in sub-subparagraph a., sub-subparagraph b., sub
  559  subparagraph c., or sub-subparagraph d., as follows:
  560         a.(I) Has been convicted of committing, or attempting,
  561  soliciting, or conspiring to commit, any of the criminal
  562  offenses proscribed in the following statutes in this state or
  563  similar offenses in another jurisdiction: s. 393.135(2); s.
  564  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  565  the victim is a minor and the defendant is not the victim’s
  566  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  567  794.05; s. 796.03; s. 796.035; s. 796.045; s. 800.04; s.
  568  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  569  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  570  916.1075(2); or s. 985.701(1); or any similar offense committed
  571  in this state which has been redesignated from a former statute
  572  number to one of those listed in this sub-sub-subparagraph; and
  573         (II) Has been released on or after October 1, 1997, from
  574  the sanction imposed for any conviction of an offense described
  575  in sub-sub-subparagraph (I). For purposes of sub-sub
  576  subparagraph (I), a sanction imposed in this state or in any
  577  other jurisdiction includes, but is not limited to, a fine,
  578  probation, community control, parole, conditional release,
  579  control release, or incarceration in a state prison, federal
  580  prison, private correctional facility, or local detention
  581  facility;
  582         b. Establishes or maintains a residence in this state and
  583  who has not been designated as a sexual predator by a court of
  584  this state but who has been designated as a sexual predator, as
  585  a sexually violent predator, or by another sexual offender
  586  designation in another state or jurisdiction and was, as a
  587  result of such designation, subjected to registration or
  588  community or public notification, or both, or would be if the
  589  person were a resident of that state or jurisdiction, without
  590  regard to whether the person otherwise meets the criteria for
  591  registration as a sexual offender;
  592         c. Establishes or maintains a residence in this state who
  593  is in the custody or control of, or under the supervision of,
  594  any other state or jurisdiction as a result of a conviction for
  595  committing, or attempting, soliciting, or conspiring to commit,
  596  any of the criminal offenses proscribed in the following
  597  statutes or similar offense in another jurisdiction: s.
  598  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  599  787.025(2)(c), where the victim is a minor and the defendant is
  600  not the victim’s parent or guardian; s. 794.011, excluding s.
  601  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 796.045; s.
  602  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  603  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  604  s. 916.1075(2); or s. 985.701(1); or any similar offense
  605  committed in this state which has been redesignated from a
  606  former statute number to one of those listed in this sub
  607  subparagraph; or
  608         d. On or after July 1, 2007, has been adjudicated
  609  delinquent for committing, or attempting, soliciting, or
  610  conspiring to commit, any of the criminal offenses proscribed in
  611  the following statutes in this state or similar offenses in
  612  another jurisdiction when the juvenile was 14 years of age or
  613  older at the time of the offense:
  614         (I) Section 794.011, excluding s. 794.011(10);
  615         (II) Section 800.04(4)(b) where the victim is under 12
  616  years of age or where the court finds sexual activity by the use
  617  of force or coercion;
  618         (III) Section 800.04(5)(c)1. where the court finds
  619  molestation involving unclothed genitals; or
  620         (IV) Section 800.04(5)(d) where the court finds the use of
  621  force or coercion and unclothed genitals.
  622         2. For all qualifying offenses listed in sub-subparagraph
  623  (1)(a)1.d., the court shall make a written finding of the age of
  624  the offender at the time of the offense.
  625  
  626  For each violation of a qualifying offense listed in this
  627  subsection, except for a violation of s. 794.011, the court
  628  shall make a written finding of the age of the victim at the
  629  time of the offense. For a violation of s. 800.04(4), the court
  630  shall additionally make a written finding indicating that the
  631  offense did or did not involve sexual activity and indicating
  632  that the offense did or did not involve force or coercion. For a
  633  violation of s. 800.04(5), the court shall additionally make a
  634  written finding that the offense did or did not involve
  635  unclothed genitals or genital area and that the offense did or
  636  did not involve the use of force or coercion.
  637         (g) “Internet identifier Instant message name” has the same
  638  meaning as provided in s. 775.21 means an identifier that allows
  639  a person to communicate in real time with another person using
  640  the Internet.
  641         (2) A sexual offender shall:
  642         (a) Report in person at the sheriff’s office:
  643         1. In the county in which the offender establishes or
  644  maintains a permanent, temporary, or transient residence within
  645  48 hours after:
  646         a. Establishing permanent, temporary, or transient
  647  residence in this state; or
  648         b. Being released from the custody, control, or supervision
  649  of the Department of Corrections or from the custody of a
  650  private correctional facility; or
  651         2. In the county where he or she was convicted within 48
  652  hours after being convicted for a qualifying offense for
  653  registration under this section if the offender is not in the
  654  custody or control of, or under the supervision of, the
  655  Department of Corrections, or is not in the custody of a private
  656  correctional facility.
  657  
  658  Any change in the information required to be provided pursuant
  659  to paragraph (b), including, but not limited to, any change in
  660  the sexual offender’s permanent, temporary, or transient
  661  residence, name, all any electronic mail addresses address and
  662  all Internet identifiers any instant message name required to be
  663  provided pursuant to paragraph (4)(d), after the sexual offender
  664  reports in person at the sheriff’s office, shall be accomplished
  665  in the manner provided in subsections (4), (7), and (8).
  666         (b) Provide his or her name; date of birth; social security
  667  number; race; sex; height; weight; hair and eye color; tattoos
  668  or other identifying marks; occupation and place of employment;
  669  address of permanent or legal residence or address of any
  670  current temporary residence, within the state or out of state,
  671  including a rural route address and a post office box; if no
  672  permanent or temporary address, any transient residence within
  673  the state, address, location or description, and dates of any
  674  current or known future temporary residence within the state or
  675  out of state; the make, model, color, registration number, and
  676  license tag number of all vehicles owned; all home telephone
  677  numbers number and any cellular telephone numbers number; all
  678  any electronic mail addresses address and all Internet
  679  identifiers any instant message name required to be provided
  680  pursuant to paragraph (4)(d); fingerprints; palm prints;
  681  photograph; date and place of each conviction; and a brief
  682  description of the crime or crimes committed by the offender. A
  683  post office box shall not be provided in lieu of a physical
  684  residential address. The sexual offender must also produce his
  685  or her passport, if he or she has a passport, and, if he or she
  686  is an alien, must produce or provide information about documents
  687  establishing his or her immigration status. The sexual offender
  688  must also provide information about any professional licenses he
  689  or she may have.
  690         1. If the sexual offender’s place of residence is a motor
  691  vehicle, trailer, mobile home, or manufactured home, as defined
  692  in chapter 320, the sexual offender shall also provide to the
  693  department through the sheriff’s office written notice of the
  694  vehicle identification number; the license tag number; the
  695  registration number; and a description, including color scheme,
  696  of the motor vehicle, trailer, mobile home, or manufactured
  697  home. If the sexual offender’s place of residence is a vessel,
  698  live-aboard vessel, or houseboat, as defined in chapter 327, the
  699  sexual offender shall also provide to the department written
  700  notice of the hull identification number; the manufacturer’s
  701  serial number; the name of the vessel, live-aboard vessel, or
  702  houseboat; the registration number; and a description, including
  703  color scheme, of the vessel, live-aboard vessel, or houseboat.
  704         2. If the sexual offender is enrolled, employed,
  705  volunteering, or carrying on a vocation at an institution of
  706  higher education in this state, the sexual offender shall also
  707  provide to the department through the sheriff’s office the name,
  708  address, and county of each institution, including each campus
  709  attended, and the sexual offender’s enrollment or employment
  710  status. Each change in enrollment, volunteer, or employment
  711  status shall be reported in person at the sheriff’s office,
  712  within 48 hours after any change in status. The sheriff shall
  713  promptly notify each institution of the sexual offender’s
  714  presence and any change in the sexual offender’s enrollment,
  715  volunteer, or employment status.
  716         (c) Provide any other information determined necessary by
  717  the department, including criminal and corrections records;
  718  nonprivileged personnel and treatment records; and evidentiary
  719  genetic markers, when available.
  720  
  721  When a sexual offender reports at the sheriff’s office, the
  722  sheriff shall take a photograph, and a set of fingerprints, and
  723  palm prints of the offender and forward the photographs, palm
  724  prints, and fingerprints to the department, along with the
  725  information provided by the sexual offender. The sheriff shall
  726  promptly provide to the department the information received from
  727  the sexual offender.
  728         (4)(a) Each time a sexual offender’s driver driver’s
  729  license or identification card is subject to renewal, and,
  730  without regard to the status of the offender’s driver driver’s
  731  license or identification card, within 48 hours after any change
  732  in the offender’s permanent, temporary, or transient residence
  733  or change in the offender’s name by reason of marriage or other
  734  legal process, the offender shall report in person to a driver
  735  driver’s license office, and shall be subject to the
  736  requirements specified in subsection (3). The Department of
  737  Highway Safety and Motor Vehicles shall forward to the
  738  department all photographs and information provided by sexual
  739  offenders. Notwithstanding the restrictions set forth in s.
  740  322.142, the Department of Highway Safety and Motor Vehicles is
  741  authorized to release a reproduction of a color-photograph or
  742  digital-image license to the Department of Law Enforcement for
  743  purposes of public notification of sexual offenders as provided
  744  in this section and ss. 943.043 and 944.606. A sexual offender
  745  who is unable to secure or update a driver license or
  746  identification card with the Department of Highway Safety and
  747  Motor Vehicles as provided in subsection (3) and this subsection
  748  must also report any change in the sexual offender’s permanent,
  749  temporary, or transient residence or change in the offender’s
  750  name by reason of marriage or other legal process within 48
  751  hours after the change to the sheriff’s office in the county
  752  where the offender resides or is located and provide
  753  confirmation that he or she reported such information to the
  754  Department of Highway Safety and Motor Vehicles.
  755         (d) A sexual offender must register all any electronic mail
  756  addresses and Internet identifiers address or instant message
  757  name with the department prior to using such electronic mail
  758  addresses and Internet identifiers address or instant message
  759  name on or after October 1, 2007. The department shall establish
  760  an online system through which sexual offenders may securely
  761  access and update all electronic mail address and Internet
  762  identifier instant message name information.
  763         (7) A sexual offender who intends to establish a permanent,
  764  temporary, or transient residence in another state or
  765  jurisdiction other than the State of Florida shall report in
  766  person to the sheriff of the county of current residence within
  767  48 hours before the date he or she intends to leave this state
  768  to establish residence in another state or jurisdiction or
  769  within 21 days before his or her planned departure date if the
  770  intended residence of 5 days or more is outside of the United
  771  States. The notification must include the address, municipality,
  772  county, and state, and country of intended residence. The
  773  sheriff shall promptly provide to the department the information
  774  received from the sexual offender. The department shall notify
  775  the statewide law enforcement agency, or a comparable agency, in
  776  the intended state, or jurisdiction, or country of residence of
  777  the sexual offender’s intended residence. The failure of a
  778  sexual offender to provide his or her intended place of
  779  residence is punishable as provided in subsection (9).
  780         (8) A sexual offender who indicates his or her intent to
  781  establish a permanent, temporary, or transient residence in
  782  another state, a or jurisdiction other than the State of
  783  Florida, or another country and later decides to remain in this
  784  state shall, within 48 hours after the date upon which the
  785  sexual offender indicated he or she would leave this state,
  786  report in person to the sheriff to which the sexual offender
  787  reported the intended change of permanent, temporary, or
  788  transient residence, and report his or her intent to remain in
  789  this state. The sheriff shall promptly report this information
  790  to the department. A sexual offender who reports his or her
  791  intent to establish a permanent, temporary, or transient
  792  residence in another state, a or jurisdiction other than the
  793  State of Florida, or another country but who remains in this
  794  state without reporting to the sheriff in the manner required by
  795  this subsection commits a felony of the second degree,
  796  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  797         (11) Except as provided in this subsection and s.
  798  943.04354, a sexual offender must maintain registration with the
  799  department for the duration of his or her life, unless the
  800  sexual offender has received a full pardon or has had a
  801  conviction set aside in a postconviction proceeding for any
  802  offense that meets the criteria for classifying the person as a
  803  sexual offender for purposes of registration. However, a sexual
  804  offender:
  805         (a)1. A sexual offender may petition the criminal division
  806  of the circuit court of the circuit in which the sexual offender
  807  resides for the purpose of removing the requirement for
  808  registration as a sexual offender if Who has been lawfully
  809  released from confinement, supervision, or sanction, whichever
  810  is later, for at least 25 years and has not been arrested for
  811  any felony or misdemeanor offense since release, provided that
  812  the sexual offender’s requirement to register was not based upon
  813  an adult conviction:
  814         a. Twenty-five years have elapsed since the sexual
  815  offender’s registration period for the most recent conviction
  816  that required the offender to register began;
  817         b. The sexual offender has not been convicted or
  818  adjudicated delinquent of any felony offense or of an offense
  819  punishable by more than 1 year of imprisonment during the 25
  820  years preceding the petition to the court;
  821         c. The sexual offender has successfully completed all
  822  sanctions imposed for all offenses that required the offender to
  823  register;
  824         d. The sexual offender’s requirement to register was not
  825  based upon an adult conviction for a violation of s. 787.01, s.
  826  794.011, excluding s. 794.011(10), s. 800.04(4)(b) where the
  827  court finds the offense involved a victim under 12 years of age
  828  or sexual activity by the use of force or coercion, s.
  829  800.04(5)(b), or s. 800.04(5)(c)2. where the court finds the
  830  offense involved unclothed genitals or genital area; for any
  831  attempt or conspiracy to commit any offense listed in this sub
  832  subparagraph; or for a violation of similar law of another
  833  jurisdiction; and
  834         e. For sexual offenders whose requirement to register is
  835  based upon a conviction in another state, the sexual offender is
  836  not required to register as a sexual offender pursuant to the
  837  laws of the state where the conviction occurred.
  838         a. For a violation of s. 787.01 or s. 787.02;
  839         b. For a violation of s. 794.011, excluding s. 794.011(10);
  840         c. For a violation of s. 800.04(4)(b) where the court finds
  841  the offense involved a victim under 12 years of age or sexual
  842  activity by the use of force or coercion;
  843         d. For a violation of s. 800.04(5)(b);
  844         e. For a violation of s. 800.04(5)c.2. where the court
  845  finds the offense involved unclothed genitals or genital area;
  846         f. For any attempt or conspiracy to commit any such
  847  offense; or
  848         g. For a violation of similar law of another jurisdiction,
  849  
  850  may petition the criminal division of the circuit court of the
  851  circuit in which the sexual offender resides for the purpose of
  852  removing the requirement for registration as a sexual offender.
  853         2. A sexual offender whose requirement to register was
  854  based upon an adult conviction for a violation of s. 787.02 or
  855  s. 827.071(5), for any attempt or conspiracy to commit any
  856  offense listed in this subparagraph, or for a violation of
  857  similar law of another jurisdiction may petition the criminal
  858  division of the circuit court of the circuit in which the sexual
  859  offender resides for the purpose of removing the requirement for
  860  registration as a sexual offender if:
  861         a. Fifteen years have elapsed since the sexual offender’s
  862  registration period for the most recent conviction that required
  863  the offender to register began;
  864         b. The sexual offender has not been convicted or
  865  adjudicated delinquent of any felony offense or of an offense
  866  punishable by more than 1 year of imprisonment during the 10
  867  years preceding the petition to the court;
  868         c. The sexual offender has successfully completed all
  869  sanctions imposed for all offenses that required the offender to
  870  register; and
  871         d. For sexual offenders whose requirement to register is
  872  based upon a conviction in another state, the sexual offender is
  873  not required to register as a sexual offender pursuant to the
  874  laws of the state where the conviction occurred.
  875         3. A sexual offender required to register under sub
  876  subparagraph (1)(a)1.d. may petition the criminal division of
  877  the circuit court of the circuit in which the sexual offender
  878  resides for the purpose of removing the requirement for
  879  registration as a sexual offender if:
  880         a. Twenty-five years have elapsed since the sexual
  881  offender’s registration period for the most recent adjudication
  882  that required the offender to register began;
  883         b. The sexual offender has not been convicted or
  884  adjudicated delinquent of any felony offense or of an offense
  885  punishable by more than 1 year of imprisonment during the 25
  886  years preceding the petition to the court; and
  887         c. The sexual offender has successfully completed all
  888  sanctions imposed for any offense that required the offender to
  889  register.
  890         4.2. The court may grant or deny relief if the offender
  891  demonstrates to the court that he or she has not been arrested
  892  for any crime since release; the requested relief complies with
  893  this paragraph, the provisions of the federal Adam Walsh Child
  894  Protection and Safety Act of 2006, and any other federal
  895  standards applicable to the removal of registration requirements
  896  for a sexual offender or required to be met as a condition for
  897  the receipt of federal funds by the state; and the court is
  898  otherwise satisfied that the offender is not a current or
  899  potential threat to public safety. The state attorney in the
  900  circuit in which the petition is filed and the department must
  901  be given notice of the petition at least 3 weeks before the
  902  hearing on the matter. The state attorney may present evidence
  903  in opposition to the requested relief or may otherwise
  904  demonstrate the reasons why the petition should be denied. If
  905  the court grants the petition, the court shall instruct the
  906  petitioner to provide the department with a certified copy of
  907  the order granting relief. If the court denies the petition, the
  908  court may set a future date at which the sexual offender may
  909  again petition the court for relief, subject to the standards
  910  for relief provided in this subsection.
  911         5.3. The department shall remove an offender from
  912  classification as a sexual offender for purposes of registration
  913  if the offender provides to the department a certified copy of
  914  the court’s written findings or order that indicates that the
  915  offender is no longer required to comply with the requirements
  916  for registration as a sexual offender.
  917         6. For purposes of this paragraph:
  918         a. The registration period of a sexual offender sentenced
  919  to a term of incarceration or committed to a residential program
  920  begins upon the offender’s release for the most recent
  921  conviction that required the offender to register.
  922         b. A sexual offender’s registration period is tolled during
  923  any period in which the offender is incarcerated, civilly
  924  committed, detained pursuant to chapter 985, or committed to a
  925  residential program.
  926         (b) A sexual offender as defined in sub-subparagraph
  927  (1)(a)1.b. must maintain registration with the department for
  928  the duration of his or her life until the person provides the
  929  department with an order issued by the court that designated the
  930  person as a sexual predator, as a sexually violent predator, or
  931  by another sexual offender designation in the state or
  932  jurisdiction in which the order was issued which states that
  933  such designation has been removed or demonstrates to the
  934  department that such designation, if not imposed by a court, has
  935  been removed by operation of law or court order in the state or
  936  jurisdiction in which the designation was made, and provided
  937  such person no longer meets the criteria for registration as a
  938  sexual offender under the laws of this state.
  939         (14)
  940         (c) The sheriff’s office may determine the appropriate
  941  times and days for reporting by the sexual offender, which shall
  942  be consistent with the reporting requirements of this
  943  subsection. Reregistration shall include any changes to the
  944  following information:
  945         1. Name; social security number; age; race; sex; date of
  946  birth; height; weight; hair and eye color; address of any
  947  permanent residence and address of any current temporary
  948  residence, within the state or out of state, including a rural
  949  route address and a post office box; if no permanent or
  950  temporary address, any transient residence within the state;
  951  address, location or description, and dates of any current or
  952  known future temporary residence within the state or out of
  953  state; all any electronic mail addresses address and all
  954  Internet identifiers any instant message name required to be
  955  provided pursuant to paragraph (4)(d); all home telephone
  956  numbers number and any cellular telephone numbers number; date
  957  and place of any employment; the vehicle make, model, color,
  958  registration number, and license tag number of all vehicles
  959  owned; fingerprints; palm prints; and photograph. A post office
  960  box may shall not be provided in lieu of a physical residential
  961  address. The sexual offender must also produce his or her
  962  passport, if he or she has a passport, and, if he or she is an
  963  alien, must produce or provide information about documents
  964  establishing his or her immigration status. The sexual offender
  965  must also provide information about any professional licenses he
  966  or she may have.
  967         2. If the sexual offender is enrolled, volunteering,
  968  employed, or carrying on a vocation at an institution of higher
  969  education in this state, the sexual offender shall also provide
  970  to the department the name, address, and county of each
  971  institution, including each campus attended, and the sexual
  972  offender’s enrollment, volunteer, 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, or who knowingly provides false
  992  registration information by act or omission commits a felony of
  993  the third degree, punishable as provided in s. 775.082, s.
  994  775.083, or s. 775.084.
  995         Section 5. Section 943.04351, Florida Statutes, is amended
  996  to read:
  997         943.04351 Search of registration information regarding
  998  sexual predators and sexual offenders required prior to
  999  appointment or employment.—A state agency or governmental
 1000  subdivision, prior to making any decision to appoint or employ a
 1001  person to work, whether for compensation or as a volunteer, at
 1002  any park, playground, day care center, or other place where
 1003  children regularly congregate, must conduct a search of that
 1004  person’s name or other identifying information against the
 1005  registration information regarding sexual predators and sexual
 1006  offenders maintained by the Department of Law Enforcement under
 1007  s. 943.043. The agency or governmental subdivision may conduct
 1008  the search using the Internet site maintained by the Department
 1009  of Law Enforcement. Also, a national search must be conducted
 1010  through the Dru Sjodin National Sex Offender Public Website
 1011  maintained by the United States Department of Justice. This
 1012  section does not apply to those positions or appointments within
 1013  a state agency or governmental subdivision for which a state and
 1014  national criminal history background check is conducted.
 1015         Section 6. Section 943.04354, Florida Statutes, is amended
 1016  to read:
 1017         943.04354 Removal of the requirement to register as a
 1018  sexual offender or sexual predator in special circumstances.—
 1019         (1) For purposes of this section, a person shall be
 1020  considered for removal of the requirement to register as a
 1021  sexual offender or sexual predator only if the person:
 1022         (a) Was or will be convicted, regardless of adjudication,
 1023  or adjudicated delinquent of a violation of s. 794.011, s.
 1024  800.04, s. 827.071, or s. 847.0135(5), or a similar offense in
 1025  another jurisdiction, or the person committed a violation of s.
 1026  794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
 1027  adjudication of guilt was or will be withheld, and the person
 1028  does not have any other conviction, regardless of adjudication,
 1029  or adjudication of delinquency, or withhold of adjudication of
 1030  guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
 1031  s. 847.0135(5), or a similar offense in another jurisdiction;
 1032         (b)1. Was convicted, regardless of adjudication, or
 1033  adjudicated delinquent of an offense listed in paragraph (a) and
 1034  is required to register as a sexual offender or sexual predator
 1035  solely on the basis of this conviction or adjudication
 1036  violation; or and
 1037         2. Was convicted, regardless of adjudication, or
 1038  adjudicated delinquent of an offense in another jurisdiction
 1039  that is similar to an offense listed in paragraph (a) and no
 1040  longer meets the criteria for registration as a sexual offender
 1041  or sexual predator under the laws of the jurisdiction where the
 1042  similar offense occurred; and
 1043         (c) Is not more than 4 years older than the victim of this
 1044  violation who was 13 14 years of age or older but less not more
 1045  than 18 17 years of age at the time the person committed this
 1046  violation.
 1047         (2) If a person meets the criteria in subsection (1) and
 1048  the violation of s. 794.011, s. 800.04, s. 827.071, or s.
 1049  847.0135(5) was committed on or after July 1, 2007, the person
 1050  may move the sentencing court or, for persons convicted or
 1051  adjudicated delinquent of a qualifying offense in another
 1052  jurisdiction, the criminal circuit court of the circuit in which
 1053  the person resides that will sentence or dispose of this
 1054  violation to remove the requirement that the person register as
 1055  a sexual offender or sexual predator. The person must allege in
 1056  the motion that he or she meets the criteria in subsection (1)
 1057  and that removal of the registration requirement will not
 1058  conflict with federal law. Persons convicted or adjudicated
 1059  delinquent of an offense in another jurisdiction that is similar
 1060  to an offense listed in paragraph (1)(a) must provide the court
 1061  written confirmation that he or she is not required to register
 1062  in the state where the conviction or adjudication occurred. The
 1063  state attorney and the department must be given notice of the
 1064  motion at least 21 days before the date of sentencing, or
 1065  disposition of the this violation, or hearing on the motion and
 1066  may present evidence in opposition to the requested relief or
 1067  may otherwise demonstrate why the motion should be denied. At
 1068  sentencing, or disposition of the this violation, or hearing on
 1069  the motion, the court shall rule on this motion and, if the
 1070  court determines the person meets the criteria in subsection (1)
 1071  and the removal of the registration requirement will not
 1072  conflict with federal law, it may grant the motion and order the
 1073  removal of the registration requirement. The court shall
 1074  instruct the person to provide the department a certified copy
 1075  of the order granting relief. If the court denies the motion,
 1076  the person is not authorized under this section to petition for
 1077  removal of the registration requirement.
 1078         (3)(a) This subsection applies to a person who:
 1079         1. Is not a person described in subsection (2) because the
 1080  violation of s. 794.011, s. 800.04, or s. 827.071 was not
 1081  committed on or after July 1, 2007;
 1082         2. Is subject to registration as a sexual offender or
 1083  sexual predator for a violation of s. 794.011, s. 800.04, or s.
 1084  827.071; and
 1085         3. Meets the criteria in subsection (1).
 1086         (b) A person may petition the court in which the sentence
 1087  or disposition for the violation of s. 794.011, s. 800.04, or s.
 1088  827.071 occurred for removal of the requirement to register as a
 1089  sexual offender or sexual predator. The person must allege in
 1090  the petition that he or she meets the criteria in subsection (1)
 1091  and removal of the registration requirement will not conflict
 1092  with federal law. The state attorney must be given notice of the
 1093  petition at least 21 days before the hearing on the petition and
 1094  may present evidence in opposition to the requested relief or
 1095  may otherwise demonstrate why the petition should be denied. The
 1096  court shall rule on the petition and, if the court determines
 1097  the person meets the criteria in subsection (1) and removal of
 1098  the registration requirement will not conflict with federal law,
 1099  it may grant the petition and order the removal of the
 1100  registration requirement. If the court denies the petition, the
 1101  person is not authorized under this section to file any further
 1102  petition for removal of the registration requirement.
 1103         (3)(4) If a person provides to the Department of Law
 1104  Enforcement a certified copy of the court’s order removing the
 1105  requirement that the person register as a sexual offender or
 1106  sexual predator for the violation of s. 794.011, s. 800.04, s.
 1107  827.071, or s. 847.0135(5), or a similar offense in another
 1108  jurisdiction, the registration requirement will not apply to the
 1109  person and the department shall remove all information about the
 1110  person from the public registry of sexual offenders and sexual
 1111  predators maintained by the department. However, the removal of
 1112  this information from the public registry does not mean that the
 1113  public is denied access to information about the person’s
 1114  criminal history or record that is otherwise available as a
 1115  public record.
 1116         Section 7. Subsection (2) and paragraph (a) of subsection
 1117  (3) of section 943.0437, Florida Statutes, are amended to read:
 1118         943.0437 Commercial social networking websites.—
 1119         (2) The department may provide information relating to
 1120  electronic mail addresses and Internet identifiers instant
 1121  message names maintained as part of the sexual offender registry
 1122  to commercial social networking websites or third parties
 1123  designated by commercial social networking websites. The
 1124  commercial social networking website may use this information
 1125  for the purpose of comparing registered users and screening
 1126  potential users of the commercial social networking website
 1127  against the list of electronic mail addresses and Internet
 1128  identifiers instant message names provided by the department.
 1129         (3) This section shall not be construed to impose any civil
 1130  liability on a commercial social networking website for:
 1131         (a) Any action voluntarily taken in good faith to remove or
 1132  disable any profile of a registered user associated with an
 1133  electronic mail address or Internet identifier instant message
 1134  name contained in the sexual offender registry.
 1135         Section 8. Paragraphs (b) and (d) of subsection (1) and
 1136  paragraph (a) of subsection (3) of section 944.606, Florida
 1137  Statutes, are amended to read:
 1138         944.606 Sexual offenders; notification upon release.—
 1139         (1) As used in this section:
 1140         (b) “Sexual offender” means a person who has been convicted
 1141  of committing, or attempting, soliciting, or conspiring to
 1142  commit, any of the criminal offenses proscribed in the following
 1143  statutes in this state or similar offenses in another
 1144  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1145  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1146  defendant is not the victim’s parent or guardian; s. 794.011,
 1147  excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.045; s.
 1148  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
 1149  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
 1150  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
 1151  offense committed in this state which has been redesignated from
 1152  a former statute number to one of those listed in this
 1153  subsection, when the department has received verified
 1154  information regarding such conviction; an offender’s
 1155  computerized criminal history record is not, in and of itself,
 1156  verified information.
 1157         (d) “Internet identifier Instant message name” has the same
 1158  meaning as provided in s. 775.21 means an identifier that allows
 1159  a person to communicate in real time with another person using
 1160  the Internet.
 1161         (3)(a) The department must provide information regarding
 1162  any sexual offender who is being released after serving a period
 1163  of incarceration for any offense, as follows:
 1164         1. The department must provide: the sexual offender’s name,
 1165  any change in the offender’s name by reason of marriage or other
 1166  legal process, and any alias, if known; the correctional
 1167  facility from which the sexual offender is released; the sexual
 1168  offender’s social security number, race, sex, date of birth,
 1169  height, weight, and hair and eye color; address of any planned
 1170  permanent residence or temporary residence, within the state or
 1171  out of state, including a rural route address and a post office
 1172  box; if no permanent or temporary address, any transient
 1173  residence within the state; address, location or description,
 1174  and dates of any known future temporary residence within the
 1175  state or out of state; date and county of sentence and each
 1176  crime for which the offender was sentenced; a copy of the
 1177  offender’s fingerprints, palm prints, and a digitized photograph
 1178  taken within 60 days before release; the date of release of the
 1179  sexual offender; all any electronic mail addresses address and
 1180  all Internet identifiers any instant message name required to be
 1181  provided pursuant to s. 943.0435(4)(d); all and home telephone
 1182  numbers number and any cellular telephone numbers; information
 1183  about any professional licenses the offender may have, if known;
 1184  and passport information, if he or she has a passport, and, if
 1185  he or she is an alien, information about documents establishing
 1186  his or her immigration status number. The department shall
 1187  notify the Department of Law Enforcement if the sexual offender
 1188  escapes, absconds, or dies. If the sexual offender is in the
 1189  custody of a private correctional facility, the facility shall
 1190  take the digitized photograph of the sexual offender within 60
 1191  days before the sexual offender’s release and provide this
 1192  photograph to the Department of Corrections and also place it in
 1193  the sexual offender’s file. If the sexual offender is in the
 1194  custody of a local jail, the custodian of the local jail shall
 1195  register the offender within 3 business days after intake of the
 1196  offender for any reason and upon release, and shall notify the
 1197  Department of Law Enforcement of the sexual offender’s release
 1198  and provide to the Department of Law Enforcement the information
 1199  specified in this paragraph and any information specified in
 1200  subparagraph 2. that the Department of Law Enforcement requests.
 1201         2. The department may provide any other information deemed
 1202  necessary, including criminal and corrections records,
 1203  nonprivileged personnel and treatment records, when available.
 1204         Section 9. Paragraphs (a) and (f) of subsection (1),
 1205  subsection (4), and paragraph (c) of subsection (13) of section
 1206  944.607, Florida Statutes, are amended to read:
 1207         944.607 Notification to Department of Law Enforcement of
 1208  information on sexual offenders.—
 1209         (1) As used in this section, the term:
 1210         (a) “Sexual offender” means a person who is in the custody
 1211  or control of, or under the supervision of, the department or is
 1212  in the custody of a private correctional facility:
 1213         1. On or after October 1, 1997, as a result of a conviction
 1214  for committing, or attempting, soliciting, or conspiring to
 1215  commit, any of the criminal offenses proscribed in the following
 1216  statutes in this state or similar offenses in another
 1217  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1218  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1219  defendant is not the victim’s parent or guardian; s. 794.011,
 1220  excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
 1221  796.045; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
 1222  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
 1223  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
 1224  offense committed in this state which has been redesignated from
 1225  a former statute number to one of those listed in this
 1226  paragraph; or
 1227         2. Who establishes or maintains a residence in this state
 1228  and who has not been designated as a sexual predator by a court
 1229  of this state but who has been designated as a sexual predator,
 1230  as a sexually violent predator, or by another sexual offender
 1231  designation in another state or jurisdiction and was, as a
 1232  result of such designation, subjected to registration or
 1233  community or public notification, or both, or would be if the
 1234  person were a resident of that state or jurisdiction, without
 1235  regard as to whether the person otherwise meets the criteria for
 1236  registration as a sexual offender.
 1237         (f) “Internet identifier Instant message name” has the same
 1238  meaning as provided in s. 775.21 means an identifier that allows
 1239  a person to communicate in real time with another person using
 1240  the Internet.
 1241         (4) A sexual offender, as described in this section, who is
 1242  under the supervision of the Department of Corrections but is
 1243  not incarcerated must register with the Department of
 1244  Corrections within 3 business days after sentencing for a
 1245  registrable offense and otherwise provide information as
 1246  required by this subsection.
 1247         (a) The sexual offender shall provide his or her name; date
 1248  of birth; social security number; race; sex; height; weight;
 1249  hair and eye color; tattoos or other identifying marks; all any
 1250  electronic mail addresses address and all Internet identifiers
 1251  any instant message name required to be provided pursuant to s.
 1252  943.0435(4)(d); the make, model, color, registration number, and
 1253  license tag number of all vehicles owned; permanent or legal
 1254  residence and address of temporary residence within the state or
 1255  out of state while the sexual offender is under supervision in
 1256  this state, including any rural route address or post office
 1257  box; if no permanent or temporary address, any transient
 1258  residence within the state; and address, location or
 1259  description, and dates of any current or known future temporary
 1260  residence within the state or out of state. The sexual offender
 1261  must also produce his or her passport, if he or she has a
 1262  passport, and, if he or she is an alien, must produce or provide
 1263  information about documents establishing his or her immigration
 1264  status. The sexual offender must also provide information about
 1265  any professional licenses he or she may have. The Department of
 1266  Corrections shall verify the address of each sexual offender in
 1267  the manner described in ss. 775.21 and 943.0435. The department
 1268  shall report to the Department of Law Enforcement any failure by
 1269  a sexual predator or sexual offender to comply with registration
 1270  requirements.
 1271         (b) If the sexual offender is enrolled, employed,
 1272  volunteering, or carrying on a vocation at an institution of
 1273  higher education in this state, the sexual offender shall
 1274  provide the name, address, and county of each institution,
 1275  including each campus attended, and the sexual offender’s
 1276  enrollment, volunteer, or employment status. Each change in
 1277  enrollment, volunteer, or employment status shall be reported to
 1278  the department within 48 hours after the change in status. The
 1279  Department of Corrections shall promptly notify each institution
 1280  of the sexual offender’s presence and any change in the sexual
 1281  offender’s enrollment, volunteer, or employment status.
 1282         (13)
 1283         (c) The sheriff’s office may determine the appropriate
 1284  times and days for reporting by the sexual offender, which shall
 1285  be consistent with the reporting requirements of this
 1286  subsection. Reregistration shall include any changes to the
 1287  following information:
 1288         1. Name; social security number; age; race; sex; date of
 1289  birth; height; weight; hair and eye color; address of any
 1290  permanent residence and address of any current temporary
 1291  residence, within the state or out of state, including a rural
 1292  route address and a post office box; if no permanent or
 1293  temporary address, any transient residence; address, location or
 1294  description, and dates of any current or known future temporary
 1295  residence within the state or out of state; all any electronic
 1296  mail addresses address and all Internet identifiers any instant
 1297  message name required to be provided pursuant to s.
 1298  943.0435(4)(d); date and place of any employment; the vehicle
 1299  make, model, color, registration number, and license tag number
 1300  of all vehicles owned; fingerprints; palm prints; and
 1301  photograph. A post office box shall not be provided in lieu of a
 1302  physical residential address. The sexual offender must also
 1303  produce his or her passport, if he or she has a passport, and,
 1304  if he or she is an alien, must produce or provide information
 1305  about documents establishing his or her immigration status. The
 1306  sexual offender must also provide information about any
 1307  professional licenses he or she may have.
 1308         2. If the sexual offender is enrolled, employed,
 1309  volunteering, or carrying on a vocation at an institution of
 1310  higher education in this state, the sexual offender shall also
 1311  provide to the department the name, address, and county of each
 1312  institution, including each campus attended, and the sexual
 1313  offender’s enrollment, volunteer, or employment status.
 1314         3. If the sexual offender’s place of residence is a motor
 1315  vehicle, trailer, mobile home, or manufactured home, as defined
 1316  in chapter 320, the sexual offender shall also provide the
 1317  vehicle identification number; the license tag number; the
 1318  registration number; and a description, including color scheme,
 1319  of the motor vehicle, trailer, mobile home, or manufactured
 1320  home. If the sexual offender’s place of residence is a vessel,
 1321  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1322  sexual offender shall also provide the hull identification
 1323  number; the manufacturer’s serial number; the name of the
 1324  vessel, live-aboard vessel, or houseboat; the registration
 1325  number; and a description, including color scheme, of the
 1326  vessel, live-aboard vessel or houseboat.
 1327         4. Any sexual offender who fails to report in person as
 1328  required at the sheriff’s office, or who fails to respond to any
 1329  address verification correspondence from the department within 3
 1330  weeks of the date of the correspondence, or who fails to report
 1331  all electronic mail addresses and all Internet identifiers or
 1332  instant message names, or who knowingly provides false
 1333  registration information by act or omission commits a felony of
 1334  the third degree, punishable as provided in s. 775.082, s.
 1335  775.083, or s. 775.084.
 1336         Section 10. Subsection (11) of section 947.005, Florida
 1337  Statutes, is amended to read:
 1338         947.005 Definitions.—As used in this chapter, unless the
 1339  context clearly indicates otherwise:
 1340         (11) “Risk assessment” means an assessment completed by a
 1341  an independent qualified practitioner to evaluate the level of
 1342  risk associated when a sex offender has contact with a child.
 1343         Section 11. Section 948.31, Florida Statutes, is amended to
 1344  read:
 1345         948.31 Evaluation and treatment of sexual predators and
 1346  offenders on probation or community control.—The court may shall
 1347  require an evaluation by a qualified practitioner to determine
 1348  the need of a probationer or community controllee for treatment.
 1349  If the court determines that a need therefor is established by
 1350  the evaluation process, the court shall require sexual offender
 1351  treatment as a term or condition of probation or community
 1352  control for any probationer or community controllee person who
 1353  is required to register as a sexual predator under s. 775.21 or
 1354  sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to
 1355  undergo an evaluation, at the probationer or community
 1356  controllee’s expense, by a qualified practitioner to determine
 1357  whether such person needs sexual offender treatment. If the
 1358  qualified practitioner determines that sexual offender treatment
 1359  is needed and recommends treatment, the probationer or community
 1360  controllee must successfully complete and pay for the treatment.
 1361  Such treatment must shall be required to be obtained from a
 1362  qualified practitioner as defined in s. 948.001. Treatment may
 1363  not be administered by a qualified practitioner who has been
 1364  convicted or adjudicated delinquent of committing, or
 1365  attempting, soliciting, or conspiring to commit, any offense
 1366  that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
 1367  impose a restriction against contact with minors if sexual
 1368  offender treatment is recommended. The evaluation and
 1369  recommendations for treatment of the probationer or community
 1370  controllee shall be provided to the court for review.
 1371         Section 12. Paragraph (a) of subsection (3) of section
 1372  985.481, Florida Statutes, is amended to read:
 1373         985.481 Sexual offenders adjudicated delinquent;
 1374  notification upon release.—
 1375         (3)(a) The department must provide information regarding
 1376  any sexual offender who is being released after serving a period
 1377  of residential commitment under the department for any offense,
 1378  as follows:
 1379         1. The department must provide the sexual offender’s name,
 1380  any change in the offender’s name by reason of marriage or other
 1381  legal process, and any alias, if known; the correctional
 1382  facility from which the sexual offender is released; the sexual
 1383  offender’s social security number, race, sex, date of birth,
 1384  height, weight, and hair and eye color; the make, model, color,
 1385  registration number, and license tag number of all vehicles
 1386  owned, if known; address of any planned permanent residence or
 1387  temporary residence, within the state or out of state, including
 1388  a rural route address and a post office box; if no permanent or
 1389  temporary address, any transient residence within the state;
 1390  address, location or description, and dates of any known future
 1391  temporary residence within the state or out of state; date and
 1392  county of disposition and each crime for which there was a
 1393  disposition; a copy of the offender’s fingerprints and a
 1394  digitized photograph taken within 60 days before release; the
 1395  date of release of the sexual offender; all and home telephone
 1396  numbers number and any cellular telephone numbers; information
 1397  about any professional licenses the offender may have, if known;
 1398  and passport information, if he or she has a passport, and, if
 1399  he or she is an alien, information about documents establishing
 1400  his or her immigration status number. The department shall
 1401  notify the Department of Law Enforcement if the sexual offender
 1402  escapes, absconds, or dies. If the sexual offender is in the
 1403  custody of a private correctional facility, the facility shall
 1404  take the digitized photograph of the sexual offender within 60
 1405  days before the sexual offender’s release and also place it in
 1406  the sexual offender’s file. If the sexual offender is in the
 1407  custody of a local jail, the custodian of the local jail shall
 1408  register the offender within 3 business days after intake of the
 1409  offender for any reason and upon release, and shall notify the
 1410  Department of Law Enforcement of the sexual offender’s release
 1411  and provide to the Department of Law Enforcement the information
 1412  specified in this subparagraph and any information specified in
 1413  subparagraph 2. which the Department of Law Enforcement
 1414  requests.
 1415         2. The department may provide any other information
 1416  considered necessary, including criminal and delinquency
 1417  records, when available.
 1418         Section 13. Subsection (4) and paragraph (b) of subsection
 1419  (13) of section 985.4815, Florida Statutes, are amended to read:
 1420         985.4815 Notification to Department of Law Enforcement of
 1421  information on juvenile sexual offenders.—
 1422         (4) A sexual offender, as described in this section, who is
 1423  under the supervision of the department but who is not committed
 1424  must register with the department within 3 business days after
 1425  adjudication and disposition for a registrable offense and
 1426  otherwise provide information as required by this subsection.
 1427         (a) The sexual offender shall provide his or her name; date
 1428  of birth; social security number; race; sex; height; weight;
 1429  hair and eye color; tattoos or other identifying marks; the
 1430  make, model, color, registration number, and license tag number
 1431  of all vehicles owned; permanent or legal residence and address
 1432  of temporary residence within the state or out of state while
 1433  the sexual offender is in the care or custody or under the
 1434  jurisdiction or supervision of the department in this state,
 1435  including any rural route address or post office box; if no
 1436  permanent or temporary address, any transient residence;
 1437  address, location or description, and dates of any current or
 1438  known future temporary residence within the state or out of
 1439  state; and the name and address of each school attended. The
 1440  sexual offender must also produce his or her passport, if he or
 1441  she has a passport, and, if he or she is an alien, must produce
 1442  or provide information about documents establishing his or her
 1443  immigration status. The offender must also provide information
 1444  about any professional licenses he or she may have. The
 1445  department shall verify the address of each sexual offender and
 1446  shall report to the Department of Law Enforcement any failure by
 1447  a sexual offender to comply with registration requirements.
 1448         (b) If the sexual offender is enrolled, employed,
 1449  volunteering, or carrying on a vocation at an institution of
 1450  higher education in this state, the sexual offender shall
 1451  provide the name, address, and county of each institution,
 1452  including each campus attended, and the sexual offender’s
 1453  enrollment, volunteer, or employment status. Each change in
 1454  enrollment, volunteer, or employment status shall be reported to
 1455  the department within 48 hours after the change in status. The
 1456  department shall promptly notify each institution of the sexual
 1457  offender’s presence and any change in the sexual offender’s
 1458  enrollment, volunteer, or employment status.
 1459         (13)
 1460         (b) The sheriff’s office may determine the appropriate
 1461  times and days for reporting by the sexual offender, which shall
 1462  be consistent with the reporting requirements of this
 1463  subsection. Reregistration shall include any changes to the
 1464  following information:
 1465         1. Name; social security number; age; race; sex; date of
 1466  birth; height; weight; hair and eye color; fingerprints; palm
 1467  prints; address of any permanent residence and address of any
 1468  current temporary residence, within the state or out of state,
 1469  including a rural route address and a post office box; if no
 1470  permanent or temporary address, any transient residence;
 1471  address, location or description, and dates of any current or
 1472  known future temporary residence within the state or out of
 1473  state; passport information, if he or she has a passport, and,
 1474  if he or she is an alien, information about documents
 1475  establishing his or her immigration status; name and address of
 1476  each school attended; date and place of any employment; the
 1477  vehicle make, model, color, registration number, and license tag
 1478  number of all vehicles owned; fingerprints; and photograph. A
 1479  post office box shall not be provided in lieu of a physical
 1480  residential address. The offender must also provide information
 1481  about any professional licenses he or she may have.
 1482         2. If the sexual offender is enrolled, employed,
 1483  volunteering, or carrying on a vocation at an institution of
 1484  higher education in this state, the sexual offender shall also
 1485  provide to the department the name, address, and county of each
 1486  institution, including each campus attended, and the sexual
 1487  offender’s enrollment, volunteer, or employment status.
 1488         3. If the sexual offender’s place of residence is a motor
 1489  vehicle, trailer, mobile home, or manufactured home, as defined
 1490  in chapter 320, the sexual offender shall also provide the
 1491  vehicle identification number; the license tag number; the
 1492  registration number; and a description, including color scheme,
 1493  of the motor vehicle, trailer, mobile home, or manufactured
 1494  home. If the sexual offender’s place of residence is a vessel,
 1495  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1496  sexual offender shall also provide the hull identification
 1497  number; the manufacturer’s serial number; the name of the
 1498  vessel, live-aboard vessel, or houseboat; the registration
 1499  number; and a description, including color scheme, of the
 1500  vessel, live-aboard vessel, or houseboat.
 1501         4. Any sexual offender who fails to report in person as
 1502  required at the sheriff’s office, or who fails to respond to any
 1503  address verification correspondence from the department within 3
 1504  weeks after the date of the correspondence, or who knowingly
 1505  provides false registration information by act or omission
 1506  commits a felony of the third degree, punishable as provided in
 1507  ss. 775.082, 775.083, and 775.084.
 1508         Section 14. Subsection (13) is added to section 947.1405,
 1509  Florida Statutes, to read:
 1510         947.1405 Conditional release program.—
 1511         (13) In addition to all other conditions imposed, for a
 1512  releasee who is subject to conditional release for a crime that
 1513  was committed on or after October 1, 2012, and who has been
 1514  convicted at any time of a violation of s. 800.04(7)(b) or s.
 1515  847.0135(4), or a similar offense in another jurisdiction, the
 1516  commission must order electronic monitoring for the duration of
 1517  the releasee’s supervision.
 1518         Section 15. Subsection (5) is added to section 948.30,
 1519  Florida Statutes, to read:
 1520         948.30 Additional terms and conditions of probation or
 1521  community control for certain sex offenses.—Conditions imposed
 1522  pursuant to this section do not require oral pronouncement at
 1523  the time of sentencing and shall be considered standard
 1524  conditions of probation or community control for offenders
 1525  specified in this section.
 1526         (5) Effective for a probationer or community controllee
 1527  whose crime was committed on or after October 1, 2012, and who:
 1528         (a) Is placed on probation or community control for a
 1529  violation of s. 800.04(7)(b) or s. 847.0135(4); or
 1530         (b) Has previously been convicted of a violation of s.
 1531  800.04(7)(b) or s. 847.0135(4), or a similar offense in another
 1532  jurisdiction,
 1533  
 1534  the court must order, in addition to any other requirements of
 1535  this section, mandatory electronic monitoring as a condition of
 1536  the probation or community control supervision.
 1537         Section 16. Paragraphs (g) and (i) of subsection (3) of
 1538  section 921.0022, Florida Statutes, are amended to read:
 1539         921.0022 Criminal Punishment Code; offense severity ranking
 1540  chart.—
 1541         (3) OFFENSE SEVERITY RANKING CHART
 1542         (g) LEVEL 7
 1543  FloridaStatute   FelonyDegree                Description                
 1544  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
 1545  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
 1546  316.1935(3)(b)      1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1547  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
 1548  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1549  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
 1550  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
 1551  456.065(2)          3rd   Practicing a health care profession without a license.
 1552  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
 1553  458.327(1)          3rd   Practicing medicine without a license.     
 1554  459.013(1)          3rd   Practicing osteopathic medicine without a license.
 1555  460.411(1)          3rd   Practicing chiropractic medicine without a license.
 1556  461.012(1)          3rd   Practicing podiatric medicine without a license.
 1557  462.17              3rd   Practicing naturopathy without a license.  
 1558  463.015(1)          3rd   Practicing optometry without a license.    
 1559  464.016(1)          3rd   Practicing nursing without a license.      
 1560  465.015(2)          3rd   Practicing pharmacy without a license.     
 1561  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
 1562  467.201             3rd   Practicing midwifery without a license.    
 1563  468.366             3rd   Delivering respiratory care services without a license.
 1564  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
 1565  483.901(9)          3rd   Practicing medical physics without a license.
 1566  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
 1567  484.053             3rd   Dispensing hearing aids without a license. 
 1568  494.0018(2)         1st   Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 1569  560.123(8)(b)1.     3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 1570  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1571  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1572  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
 1573  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
 1574  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1575  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1576  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1577  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1578  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1579  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1580  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
 1581  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
 1582  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
 1583  784.048(7)          3rd   Aggravated stalking; violation of court order.
 1584  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
 1585  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
 1586  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
 1587  784.081(1)          1st   Aggravated battery on specified official or employee.
 1588  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
 1589  784.083(1)          1st   Aggravated battery on code inspector.      
 1590  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1591  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
 1592  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
 1593  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1594  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1595  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1596  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1597  794.08(4)           3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 1598  796.03              2nd   Procuring any person under 18 16 years for prostitution.
 1599  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
 1600  800.04(5)(c)2.      2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
 1601  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
 1602  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
 1603  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1604  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
 1605  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
 1606  812.014(2)(a)1.     1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 1607  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1608  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
 1609  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
 1610  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
 1611  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1612  812.131(2)(a)       2nd   Robbery by sudden snatching.               
 1613  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
 1614  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
 1615  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
 1616  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
 1617  817.2341 (2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 1618  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1619  825.103(2)(b)       2nd   Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
 1620  827.03(3)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
 1621  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
 1622  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
 1623  838.015             2nd   Bribery.                                   
 1624  838.016             2nd   Unlawful compensation or reward for official behavior.
 1625  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
 1626  838.22              2nd   Bid tampering.                             
 1627  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1628  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
 1629  872.06              2nd   Abuse of a dead human body.                
 1630  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1631  893.13(1)(c)1.      1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1632  893.13(1)(e)1.      1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 1633  893.13(4)(a)        1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 1634  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1635  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1636  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1637  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 1638  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 1639  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 1640  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1641  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1642  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1643  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1644  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
 1645  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
 1646  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1647  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1648  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1649  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
 1650  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1651  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
 1652  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
 1653  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1654  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1655  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
 1656  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1657  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1658  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
 1659         (i) LEVEL 9
 1660  FloridaStatute    FelonyDegree               Description                
 1661  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
 1662  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
 1663  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
 1664  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 1665  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 1666  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 1667  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 1668  775.0844             1st   Aggravated white collar crime.            
 1669  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
 1670  782.04(3)          1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
 1671  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 1672  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
 1673  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
 1674  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
 1675  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
 1676  787.02(3)(a)       1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 1677  790.161              1st   Attempted capital destructive device offense.
 1678  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
 1679  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
 1680  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 1681  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
 1682  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 1683  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
 1684  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 1685  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
 1686  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
 1687  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
 1688  817.568(7)         2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 1689  827.03(2)            1st   Aggravated child abuse.                   
 1690  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
 1691  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
 1692  859.01               1st   Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 1693  893.135              1st   Attempted capital trafficking offense.    
 1694  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
 1695  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 1696  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 1697  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
 1698  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
 1699  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
 1700  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 1701  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
 1702  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
 1703  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
 1704  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 1705         Section 17. This act shall take effect October 1, 2012.