Bill Amendment: FL S0954 | 2016 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Electronic Monitoring Devices
Status: 2016-02-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 75 (Ch. 2016-15) [S0954 Detail]
Download: Florida-2016-S0954-Senate_Committee_Amendment_228972.html
Bill Title: Electronic Monitoring Devices
Status: 2016-02-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 75 (Ch. 2016-15) [S0954 Detail]
Download: Florida-2016-S0954-Senate_Committee_Amendment_228972.html
Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. CS for SB 954 Ì228972FÎ228972 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Criminal and Civil Justice (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present paragraphs (g) through (n) of subsection 6 (2) of section 775.21, Florida Statutes, are redesignated as 7 paragraphs (h) through (o), respectively, a new paragraph (g) is 8 added to that subsection, and paragraphs (a), (e), (g), (i), and 9 (j) of subsection (6) and paragraph (a) of subsection (8) of 10 that section are amended, to read: 11 775.21 The Florida Sexual Predators Act.— 12 (2) DEFINITIONS.—As used in this section, the term: 13 (g) “Electronic reporting device” means a device through 14 which a person securely reports and communicates by audio and 15 visual means with a law enforcement agency and which: 16 1. Is administered through an agency or through a third 17 party monitoring system; 18 2. Uses global positioning satellites to verify the 19 location of the person reporting; 20 3. Provides facial recognition; 21 4. Records communications in high-definition audio and 22 video; 23 5. Is tamperproof; and 24 6. Reports tampering attempts to the administering entity. 25 (6) REGISTRATION.— 26 (a) A sexual predator shall register with the department 27 through the sheriff’s office by providing the following 28 information to the department: 29 1. Name; social security number; age; race; sex; date of 30 birth; height; weight; tattoos or other identifying marks; hair 31 and eye color; photograph; address of legal residence and 32 address of any current temporary residence, within the state or 33 out of state, including a rural route address and a post office 34 box; if no permanent or temporary address, any transient 35 residence within the state; address, location or description, 36 and dates of any current or known future temporary residence 37 within the state or out of state; all electronic mail addresses 38 and all Internet identifiers required to be provided pursuant to 39 subparagraph (g)5.; all home telephone numbers and cellular 40 telephone numbers; date and place of any employment; the make, 41 model, color, vehicle identification number (VIN), and license 42 tag number of all vehicles owned; date and place of each 43 conviction; fingerprints; palm prints; and a brief description 44 of the crime or crimes committed by the offender. A post office 45 box may not be provided in lieu of a physical residential 46 address. The sexual predator shall produce his or her passport, 47 if he or she has a passport, and, if he or she is an alien, 48 shall produce or provide information about documents 49 establishing his or her immigration status. The sexual predator 50 shall also provide information about any professional licenses 51 he or she has. 52 a. If the sexual predator’s place of residence is a motor 53 vehicle, trailer, mobile home, or manufactured home, as defined 54 in chapter 320, the sexual predator shall also provide to the 55 department written notice of the vehicle identification number; 56 the license tag number; the registration number; and a 57 description, including color scheme, of the motor vehicle, 58 trailer, mobile home, or manufactured home. If a sexual 59 predator’s place of residence is a vessel, live-aboard vessel, 60 or houseboat, as defined in chapter 327, the sexual predator 61 shall also provide to the department written notice of the hull 62 identification number; the manufacturer’s serial number; the 63 name of the vessel, live-aboard vessel, or houseboat; the 64 registration number; and a description, including color scheme, 65 of the vessel, live-aboard vessel, or houseboat. 66 b. If the sexual predator is enrolled, employed, 67 volunteering, or carrying on a vocation at an institution of 68 higher education in this state, the sexual predator shall also 69 provide to the department the name, address, and county of each 70 institution, including each campus attended, and the sexual 71 predator’s enrollment, volunteer, or employment status. Each 72 change in enrollment, volunteer, or employment status must be 73 reported through an electronic reporting device, in person at 74 the sheriff’s office, or to the Department of Corrections if the 75 sexual predator is in the custody or control of or under the 76 supervision of the Department of Corrections, within 48 hours 77 after any change in status. The sheriff or the Department of 78 Corrections shall promptly notify each institution of the sexual 79 predator’s presence and any change in the sexual predator’s 80 enrollment, volunteer, or employment status. 81 c. A sexual predator shall report through an electronic 82 reporting device or in person to the sheriff’s office within 48 83 hours after any change in vehicles owned to report those vehicle 84 information changes. 85 2. Any other information determined necessary by the 86 department, including criminal and corrections records; 87 nonprivileged personnel and treatment records; and evidentiary 88 genetic markers when available. 89 (e)1. If the sexual predator is not in the custody or 90 control of, or under the supervision of, the Department of 91 Corrections or is not in the custody of a private correctional 92 facility, the sexual predator shall register through an 93 electronic reporting device or in person: 94 a. At the sheriff’s office in the county where he or she 95 establishes or maintains a residence within 48 hours after 96 establishing or maintaining a residence in this state; and 97 b. At the sheriff’s office in the county where he or she 98 was designated a sexual predator by the court within 48 hours 99 after such finding is made. 100 2. Any change in the sexual predator’s permanent or 101 temporary residence, name, vehicles owned, electronic mail 102 addresses, or Internet identifiers required to be provided 103 pursuant to subparagraph (g)5., after the sexual predator 104 registers through an electronic reporting device or in person at 105 the sheriff’s office as provided in subparagraph 1., must be 106 accomplished in the manner provided in paragraphs (g), (i), and 107 (j). When a sexual predator registers with the sheriff’s office, 108 the sheriff shall take a photograph, a set of fingerprints, and 109 palm prints of the predator and forward the photographs, palm 110 prints, and fingerprints to the department, along with the 111 information that the predator is required to provide pursuant to 112 this section. 113 (g)1. Each time a sexual predator’s driver license or 114 identification card is subject to renewal, and, without regard 115 to the status of the predator’s driver license or identification 116 card, within 48 hours after any change of the predator’s 117 residence or change in the predator’s name by reason of marriage 118 or other legal process, the predator shall report in person to a 119 driver license office and is subject to the requirements 120 specified in paragraph (f). The Department of Highway Safety and 121 Motor Vehicles shall forward to the department and to the 122 Department of Corrections all photographs and information 123 provided by sexual predators. Notwithstanding the restrictions 124 set forth in s. 322.142, the Department of Highway Safety and 125 Motor Vehicles may release a reproduction of a color-photograph 126 or digital-image license to the Department of Law Enforcement 127 for purposes of public notification of sexual predators as 128 provided in this section. A sexual predator who is unable to 129 secure or update a driver license or identification card with 130 the Department of Highway Safety and Motor Vehicles as provided 131 in paragraph (f) and this paragraph shall also report any change 132 of the predator’s residence or change in the predator’s name by 133 reason of marriage or other legal process within 48 hours after 134 the change to the sheriff’s office in the county where the 135 predator resides or is located and provide confirmation that he 136 or she reported such information to the Department of Highway 137 Safety and Motor Vehicles. 138 2.a. A sexual predator who vacates a permanent, temporary, 139 or transient residence and fails to establish or maintain 140 another permanent, temporary, or transient residence shall, 141 within 48 hours after vacating the permanent, temporary, or 142 transient residence, report through an electronic reporting 143 device or in person to the sheriff’s office of the county in 144 which he or she is located. The sexual predator shall specify 145 the date upon which he or she intends to or did vacate such 146 residence. The sexual predator shall provide or update all of 147 the registration information required under paragraph (a). The 148 sexual predator shall provide an address for the residence or 149 other place that he or she is or will be located during the time 150 in which he or she fails to establish or maintain a permanent or 151 temporary residence. 152 b. A sexual predator shall report through an electronic 153 reporting device or in person at the sheriff’s office in the 154 county in which he or she is located within 48 hours after 155 establishing a transient residence and thereafter must report 156 through an electronic reporting device or in person every 30 157 days to the sheriff’s office in the county in which he or she is 158 located while maintaining a transient residence. The sexual 159 predator must provide the addresses and locations where he or 160 she maintains a transient residence. Each sheriff’s office shall 161 establish procedures for reporting transient residence 162 information and provide notice to transient registrants to 163 report transient residence information as required in this sub 164 subparagraph. Reporting to the sheriff’s office as required by 165 this sub-subparagraph does not exempt registrants from any 166 reregistration requirement. The sheriff may coordinate and enter 167 into agreements with police departments and other governmental 168 entities to facilitate additional reporting sites for transient 169 residence registration required in this sub-subparagraph. The 170 sheriff’s office shall, within 2 business days, electronically 171 submit and update all information provided by the sexual 172 predator to the department. 173 3. A sexual predator who remains at a permanent, temporary, 174 or transient residence after reporting his or her intent to 175 vacate such residence shall, within 48 hours after the date upon 176 which the predator indicated he or she would or did vacate such 177 residence, report through an electronic reporting device or in 178 person to the sheriff’s office to which he or she reported 179 pursuant to subparagraph 2. for the purpose of reporting his or 180 her address at such residence. When the sheriff receives the 181 report, the sheriff shall promptly convey the information to the 182 department. An offender who makes a report as required under 183 subparagraph 2. but fails to make a report as required under 184 this subparagraph commits a felony of the second degree, 185 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 186 4. The failure of a sexual predator who maintains a 187 transient residence to report through an electronic reporting 188 device or in person to the sheriff’s office every 30 days as 189 required by sub-subparagraph 2.b. is punishable as provided in 190 subsection (10). 191 5. A sexual predator shall register all electronic mail 192 addresses and Internet identifiers with the department before 193 using such electronic mail addresses and Internet identifiers. 194 The department shall establish an online system through which 195 sexual predators may securely access and update all electronic 196 mail address and Internet identifier information. 197 (i) A sexual predator who intends to establish a permanent, 198 temporary, or transient residence in another state or 199 jurisdiction other than the State of Florida shall report 200 through an electronic reporting device or in person to the 201 sheriff of the county of current residence within 48 hours 202 before the date he or she intends to leave this state to 203 establish residence in another state or jurisdiction or within 204 21 days before his or her planned departure date if the intended 205 residence of 5 days or more is outside of the United States. The 206 sexual predator shall provide to the sheriff the address, 207 municipality, county, state, and country of intended residence. 208 The sheriff shall promptly provide to the department the 209 information received from the sexual predator. The department 210 shall notify the statewide law enforcement agency, or a 211 comparable agency, in the intended state, jurisdiction, or 212 country of residence of the sexual predator’s intended 213 residence. The failure of a sexual predator to provide his or 214 her intended place of residence is punishable as provided in 215 subsection (10). 216 (j) A sexual predator who indicates his or her intent to 217 establish a permanent, temporary, or transient residence in 218 another state, a jurisdiction other than the State of Florida, 219 or another country and later decides to remain in this state 220 shall, within 48 hours after the date upon which the sexual 221 predator indicated he or she would leave this state, report 222 through an electronic reporting device or in person to the 223 sheriff to which the sexual predator reported the intended 224 change of residence, and report his or her intent to remain in 225 this state. If the sheriff is notified by the sexual predator 226 that he or she intends to remain in this state, the sheriff 227 shall promptly report this information to the department. A 228 sexual predator who reports his or her intent to establish a 229 permanent, temporary, or transient residence in another state, a 230 jurisdiction other than the State of Florida, or another 231 country, but who remains in this state without reporting to the 232 sheriff in the manner required by this paragraph, commits a 233 felony of the second degree, punishable as provided in s. 234 775.082, s. 775.083, or s. 775.084. 235 (8) VERIFICATION.—The department and the Department of 236 Corrections shall implement a system for verifying the addresses 237 of sexual predators. The system must be consistent with the 238 provisions of the federal Adam Walsh Child Protection and Safety 239 Act of 2006 and any other federal standards applicable to such 240 verification or required to be met as a condition for the 241 receipt of federal funds by the state. The Department of 242 Corrections shall verify the addresses of sexual predators who 243 are not incarcerated but who reside in the community under the 244 supervision of the Department of Corrections and shall report to 245 the department any failure by a sexual predator to comply with 246 registration requirements. County and local law enforcement 247 agencies, in conjunction with the department, shall verify the 248 addresses of sexual predators who are not under the care, 249 custody, control, or supervision of the Department of 250 Corrections, and may verify the addresses of sexual predators 251 who are under the care, custody, control, or supervision of the 252 Department of Corrections. Local law enforcement agencies shall 253 report to the department any failure by a sexual predator to 254 comply with registration requirements. 255 (a) A sexual predator shall report through an electronic 256 reporting device or in person each year during the month of the 257 sexual predator’s birthday and during every third month 258 thereafter to the sheriff’s office in the county in which he or 259 she resides or is otherwise located to reregister. The sheriff’s 260 office may determine the appropriate times and days for 261 reporting by the sexual predator, which must be consistent with 262 the reporting requirements of this paragraph. Reregistration 263 must include any changes to the following information: 264 1. Name; social security number; age; race; sex; date of 265 birth; height; weight; tattoos or other identifying marks; hair 266 and eye color; address of any permanent residence and address of 267 any current temporary residence, within the state or out of 268 state, including a rural route address and a post office box; if 269 no permanent or temporary address, any transient residence 270 within the state; address, location or description, and dates of 271 any current or known future temporary residence within the state 272 or out of state; all electronic mail addresses or Internet 273 identifiers required to be provided pursuant to subparagraph 274 (6)(g)5.; all home telephone numbers and cellular telephone 275 numbers; date and place of any employment; the make, model, 276 color, vehicle identification number (VIN), and license tag 277 number of all vehicles owned; fingerprints; palm prints; and 278 photograph. A post office box may not be provided in lieu of a 279 physical residential address. The sexual predator shall also 280 produce his or her passport, if he or she has a passport, and, 281 if he or she is an alien, shall produce or provide information 282 about documents establishing his or her immigration status. The 283 sexual predator shall also provide information about any 284 professional licenses he or she has. 285 2. If the sexual predator is enrolled, employed, 286 volunteering, or carrying on a vocation at an institution of 287 higher education in this state, the sexual predator shall also 288 provide to the department the name, address, and county of each 289 institution, including each campus attended, and the sexual 290 predator’s enrollment, volunteer, or employment status. 291 3. If the sexual predator’s place of residence is a motor 292 vehicle, trailer, mobile home, or manufactured home, as defined 293 in chapter 320, the sexual predator shall also provide the 294 vehicle identification number; the license tag number; the 295 registration number; and a description, including color scheme, 296 of the motor vehicle, trailer, mobile home, or manufactured 297 home. If the sexual predator’s place of residence is a vessel, 298 live-aboard vessel, or houseboat, as defined in chapter 327, the 299 sexual predator shall also provide the hull identification 300 number; the manufacturer’s serial number; the name of the 301 vessel, live-aboard vessel, or houseboat; the registration 302 number; and a description, including color scheme, of the 303 vessel, live-aboard vessel, or houseboat. 304 Section 2. Paragraph (i) is added to subsection (1) of 305 section 943.0435, Florida Statutes, and paragraphs (a) and (b) 306 of subsection (2), subsections (7) and (8), and paragraphs (a) 307 and (c) of subsection (14) of that section are amended, to read: 308 943.0435 Sexual offenders required to register with the 309 department; penalty.— 310 (1) As used in this section, the term: 311 (i) “Electronic reporting device” has the same meaning as 312 provided in s. 775.21. 313 (2) A sexual offender shall: 314 (a) Report through an electronic reporting device or in 315 person at the sheriff’s office: 316 1. In the county in which the offender establishes or 317 maintains a permanent, temporary, or transient residence within 318 48 hours after: 319 a. Establishing permanent, temporary, or transient 320 residence in this state; or 321 b. Being released from the custody, control, or supervision 322 of the Department of Corrections or from the custody of a 323 private correctional facility; or 324 2. In the county where he or she was convicted within 48 325 hours after being convicted for a qualifying offense for 326 registration under this section if the offender is not in the 327 custody or control of, or under the supervision of, the 328 Department of Corrections, or is not in the custody of a private 329 correctional facility. 330 331 Any change in the information required to be provided pursuant 332 to paragraph (b), including, but not limited to, any change in 333 the sexual offender’s permanent, temporary, or transient 334 residence, name, electronic mail addresses, or Internet 335 identifiers required to be provided pursuant to paragraph 336 (4)(e), after the sexual offender reports through an electronic 337 reporting device or in person at the sheriff’s office, must be 338 accomplished in the manner provided in subsections (4), (7), and 339 (8). 340 (b) Provide his or her name; date of birth; social security 341 number; race; sex; height; weight; hair and eye color; tattoos 342 or other identifying marks; fingerprints; palm prints; 343 photograph; occupation and place of employment; address of 344 permanent or legal residence or address of any current temporary 345 residence, within the state or out of state, including a rural 346 route address and a post office box; if no permanent or 347 temporary address, any transient residence within the state, 348 address, location or description, and dates of any current or 349 known future temporary residence within the state or out of 350 state; the make, model, color, vehicle identification number 351 (VIN), and license tag number of all vehicles owned; all home 352 telephone numbers and cellular telephone numbers; all electronic 353 mail addresses and all Internet identifiers required to be 354 provided pursuant to paragraph (4)(e); date and place of each 355 conviction; and a brief description of the crime or crimes 356 committed by the offender. A post office box may not be provided 357 in lieu of a physical residential address. The sexual offender 358 shall also produce his or her passport, if he or she has a 359 passport, and, if he or she is an alien, shall produce or 360 provide information about documents establishing his or her 361 immigration status. The sexual offender shall also provide 362 information about any professional licenses he or she has. 363 1. If the sexual offender’s place of residence is a motor 364 vehicle, trailer, mobile home, or manufactured home, as defined 365 in chapter 320, the sexual offender shall also provide to the 366 department through the sheriff’s office written notice of the 367 vehicle identification number; the license tag number; the 368 registration number; and a description, including color scheme, 369 of the motor vehicle, trailer, mobile home, or manufactured 370 home. If the sexual offender’s place of residence is a vessel, 371 live-aboard vessel, or houseboat, as defined in chapter 327, the 372 sexual offender shall also provide to the department written 373 notice of the hull identification number; the manufacturer’s 374 serial number; the name of the vessel, live-aboard vessel, or 375 houseboat; the registration number; and a description, including 376 color scheme, of the vessel, live-aboard vessel, or houseboat. 377 2. If the sexual offender is enrolled, employed, 378 volunteering, or carrying on a vocation at an institution of 379 higher education in this state, the sexual offender shall also 380 provide to the department through the sheriff’s office the name, 381 address, and county of each institution, including each campus 382 attended, and the sexual offender’s enrollment, volunteer, or 383 employment status. Each change in enrollment, volunteer, or 384 employment status must be reported through an electronic 385 reporting device or in person at the sheriff’s office,within 48 386 hours after any change in status. The sheriff shall promptly 387 notify each institution of the sexual offender’s presence and 388 any change in the sexual offender’s enrollment, volunteer, or 389 employment status. 390 3. A sexual offender shall report through an electronic 391 reporting device or in person to the sheriff’s office within 48 392 hours after any change in vehicles owned to report those vehicle 393 information changes. 394 395 When a sexual offender reports at the sheriff’s office, the 396 sheriff shall take a photograph, a set of fingerprints, and palm 397 prints of the offender and forward the photographs, palm prints, 398 and fingerprints to the department, along with the information 399 provided by the sexual offender. The sheriff shall promptly 400 provide to the department the information received from the 401 sexual offender. 402 (7) A sexual offender who intends to establish a permanent, 403 temporary, or transient residence in another state or 404 jurisdiction other than the State of Florida shall report 405 through an electronic reporting device or in person to the 406 sheriff of the county of current residence within 48 hours 407 before the date he or she intends to leave this state to 408 establish residence in another state or jurisdiction or within 409 21 days before his or her planned departure date if the intended 410 residence of 5 days or more is outside of the United States. The 411 notification must include the address, municipality, county, 412 state, and country of intended residence. The sheriff shall 413 promptly provide to the department the information received from 414 the sexual offender. The department shall notify the statewide 415 law enforcement agency, or a comparable agency, in the intended 416 state, jurisdiction, or country of residence of the sexual 417 offender’s intended residence. The failure of a sexual offender 418 to provide his or her intended place of residence is punishable 419 as provided in subsection (9). 420 (8) A sexual offender who indicates his or her intent to 421 establish a permanent, temporary, or transient residence in 422 another state, a jurisdiction other than the State of Florida, 423 or another country and later decides to remain in this state 424 shall, within 48 hours after the date upon which the sexual 425 offender indicated he or she would leave this state, report 426 through an electronic reporting device or in person to the 427 sheriff to which the sexual offender reported the intended 428 change of permanent, temporary, or transient residence, and 429 report his or her intent to remain in this state. The sheriff 430 shall promptly report this information to the department. A 431 sexual offender who reports his or her intent to establish a 432 permanent, temporary, or transient residence in another state, a 433 jurisdiction other than the State of Florida, or another country 434 but who remains in this state without reporting to the sheriff 435 in the manner required by this subsection commits a felony of 436 the second degree, punishable as provided in s. 775.082, s. 437 775.083, or s. 775.084. 438 (14)(a) A sexual offender must report through an electronic 439 reporting device or in person each year during the month of the 440 sexual offender’s birthday and during the sixth month following 441 the sexual offender’s birth month to the sheriff’s office in the 442 county in which he or she resides or is otherwise located to 443 reregister. 444 (c) The sheriff’s office may determine the appropriate 445 times and days for reporting by the sexual offender, which must 446 be consistent with the reporting requirements of this 447 subsection. Reregistration must include any changes to the 448 following information: 449 1. Name; social security number; age; race; sex; date of 450 birth; height; weight; tattoos or other identifying marks; hair 451 and eye color; address of any permanent residence and address of 452 any current temporary residence, within the state or out of 453 state, including a rural route address and a post office box; if 454 no permanent or temporary address, any transient residence 455 within the state; address, location or description, and dates of 456 any current or known future temporary residence within the state 457 or out of state; all electronic mail addresses or Internet 458 identifiers required to be provided pursuant to paragraph 459 (4)(e); all home telephone numbers and cellular telephone 460 numbers; date and place of any employment; the make, model, 461 color, vehicle identification number (VIN), and license tag 462 number of all vehicles owned; fingerprints; palm prints; and 463 photograph. A post office box may not be provided in lieu of a 464 physical residential address. The sexual offender shall also 465 produce his or her passport, if he or she has a passport, and, 466 if he or she is an alien, shall produce or provide information 467 about documents establishing his or her immigration status. The 468 sexual offender shall also provide information about any 469 professional licenses he or she has. 470 2. If the sexual offender is enrolled, volunteering, 471 employed, or carrying on a vocation at an institution of higher 472 education in this state, the sexual offender shall also provide 473 to the department the name, address, and county of each 474 institution, including each campus attended, and the sexual 475 offender’s enrollment, volunteer, or employment status. 476 3. If the sexual offender’s place of residence is a motor 477 vehicle, trailer, mobile home, or manufactured home, as defined 478 in chapter 320, the sexual offender shall also provide the 479 vehicle identification number; the license tag number; the 480 registration number; and a description, including color scheme, 481 of the motor vehicle, trailer, mobile home, or manufactured 482 home. If the sexual offender’s place of residence is a vessel, 483 live-aboard vessel, or houseboat, as defined in chapter 327, the 484 sexual offender shall also provide the hull identification 485 number; the manufacturer’s serial number; the name of the 486 vessel, live-aboard vessel, or houseboat; the registration 487 number; and a description, including color scheme, of the 488 vessel, live-aboard vessel or houseboat. 489 4. Any sexual offender who fails to report through an 490 electronic reporting device or in person as required at the 491 sheriff’s office, who fails to respond to any address 492 verification correspondence from the department within 3 weeks 493 of the date of the correspondence, who fails to report all 494 electronic mail addresses and all Internet identifiers prior to 495 use, or who knowingly provides false registration information by 496 act or omission commits a felony of the third degree, punishable 497 as provided in s. 775.082, s. 775.083, or s. 775.084. 498 Section 3. Paragraph (h) is added to subsection (1) of 499 section 944.607, Florida Statutes, and paragraph (c) of 500 subsection (4) and paragraphs (a) and (c) of subsection (13) of 501 that section are amended, to read: 502 944.607 Notification to Department of Law Enforcement of 503 information on sexual offenders.— 504 (1) As used in this section, the term: 505 (h) “Electronic reporting device” has the same meaning as 506 provided in s. 775.21. 507 (4) A sexual offender, as described in this section, who is 508 under the supervision of the Department of Corrections but is 509 not incarcerated shall register with the Department of 510 Corrections within 3 business days after sentencing for a 511 registrable offense and otherwise provide information as 512 required by this subsection. 513 (c) A sexual offender shall report through an electronic 514 reporting device or in person to the sheriff’s office within 48 515 hours after any change in vehicles owned to report those vehicle 516 information changes. 517 (13)(a) A sexual offender must report through an electronic 518 reporting device or in person each year during the month of the 519 sexual offender’s birthday and during the sixth month following 520 the sexual offender’s birth month to the sheriff’s office in the 521 county in which he or she resides or is otherwise located to 522 reregister. 523 (c) The sheriff’s office may determine the appropriate 524 times and days for reporting by the sexual offender, which must 525 be consistent with the reporting requirements of this 526 subsection. Reregistration must include any changes to the 527 following information: 528 1. Name; social security number; age; race; sex; date of 529 birth; height; weight; tattoos or other identifying marks; hair 530 and eye color; address of any permanent residence and address of 531 any current temporary residence, within the state or out of 532 state, including a rural route address and a post office box; if 533 no permanent or temporary address, any transient residence; 534 address, location or description, and dates of any current or 535 known future temporary residence within the state or out of 536 state; all electronic mail addresses and Internet identifiers 537 required to be provided pursuant to s. 943.0435(4)(e); all home 538 telephone numbers and cellular telephone numbers; date and place 539 of any employment; the make, model, color, vehicle 540 identification number (VIN), and license tag number of all 541 vehicles owned; fingerprints; palm prints; and photograph. A 542 post office box may not be provided in lieu of a physical 543 residential address. The sexual offender shall also produce his 544 or her passport, if he or she has a passport, and, if he or she 545 is an alien, shall produce or provide information about 546 documents establishing his or her immigration status. The sexual 547 offender shall also provide information about any professional 548 licenses he or she has. 549 2. If the sexual offender is enrolled, employed, 550 volunteering, or carrying on a vocation at an institution of 551 higher education in this state, the sexual offender shall also 552 provide to the department the name, address, and county of each 553 institution, including each campus attended, and the sexual 554 offender’s enrollment, volunteer, or employment status. 555 3. If the sexual offender’s place of residence is a motor 556 vehicle, trailer, mobile home, or manufactured home, as defined 557 in chapter 320, the sexual offender shall also provide the 558 vehicle identification number; the license tag number; the 559 registration number; and a description, including color scheme, 560 of the motor vehicle, trailer, mobile home, or manufactured 561 home. If the sexual offender’s place of residence is a vessel, 562 live-aboard vessel, or houseboat, as defined in chapter 327, the 563 sexual offender shall also provide the hull identification 564 number; the manufacturer’s serial number; the name of the 565 vessel, live-aboard vessel, or houseboat; the registration 566 number; and a description, including color scheme, of the 567 vessel, live-aboard vessel or houseboat. 568 4. Any sexual offender who fails to report through an 569 electronic reporting device or in person as required at the 570 sheriff’s office, who fails to respond to any address 571 verification correspondence from the department within 3 weeks 572 of the date of the correspondence, who fails to report all 573 electronic mail addresses or Internet identifiers prior to use, 574 or who knowingly provides false registration information by act 575 or omission commits a felony of the third degree, punishable as 576 provided in s. 775.082, s. 775.083, or s. 775.084. 577 Section 4. Present paragraphs (c), (d), and (e) of 578 subsection (1) of section 985.4815, Florida Statutes, are 579 redesignated as paragraphs (d), (e), and (f), respectively, a 580 new paragraph (c) is added to that subsection, and paragraph (c) 581 of subsection (4) and paragraphs (a) and (b) of subsection (13) 582 are amended, to read: 583 985.4815 Notification to Department of Law Enforcement of 584 information on juvenile sexual offenders.— 585 (1) As used in this section, the term: 586 (c) “Electronic reporting device” has the same meaning as 587 provided in s. 775.21. 588 (4) A sexual offender, as described in this section, who is 589 under the supervision of the department but who is not committed 590 shall register with the department within 3 business days after 591 adjudication and disposition for a registrable offense and 592 otherwise provide information as required by this subsection. 593 (c) A sexual offender shall report through an electronic 594 reporting device or in person to the sheriff’s office within 48 595 hours after any change in vehicles owned to report those vehicle 596 information changes. 597 (13)(a) A sexual offender must report through an electronic 598 reporting device or in person each year during the month of the 599 sexual offender’s birthday and during every third month 600 thereafter to the sheriff’s office in the county in which he or 601 she resides or is otherwise located to reregister. 602 (b) The sheriff’s office may determine the appropriate 603 times and days for reporting by the sexual offender, which must 604 be consistent with the reporting requirements of this 605 subsection. Reregistration must include any changes to the 606 following information: 607 1. Name; social security number; age; race; sex; date of 608 birth; height; weight; hair and eye color; tattoos or other 609 identifying marks; fingerprints; palm prints; address of any 610 permanent residence and address of any current temporary 611 residence, within the state or out of state, including a rural 612 route address and a post office box; if no permanent or 613 temporary address, any transient residence; address, location or 614 description, and dates of any current or known future temporary 615 residence within the state or out of state; passport 616 information, if he or she has a passport, and, if he or she is 617 an alien, information about documents establishing his or her 618 immigration status; all home telephone numbers and cellular 619 telephone numbers; all Internet identifiers; name and address of 620 each school attended; date and place of any employment; the 621 make, model, color, vehicle identification number (VIN), and 622 license tag number of all vehicles owned; and photograph. A post 623 office box may not be provided in lieu of a physical residential 624 address. The offender shall also provide information about any 625 professional licenses he or she has. 626 2. If the sexual offender is enrolled, employed, 627 volunteering, or carrying on a vocation at an institution of 628 higher education in this state, the sexual offender shall also 629 provide to the department the name, address, and county of each 630 institution, including each campus attended, and the sexual 631 offender’s enrollment, volunteer, or employment status. 632 3. If the sexual offender’s place of residence is a motor 633 vehicle, trailer, mobile home, or manufactured home, as defined 634 in chapter 320, the sexual offender shall also provide the 635 vehicle identification number; the license tag number; the 636 registration number; and a description, including color scheme, 637 of the motor vehicle, trailer, mobile home, or manufactured 638 home. If the sexual offender’s place of residence is a vessel, 639 live-aboard vessel, or houseboat, as defined in chapter 327, the 640 sexual offender shall also provide the hull identification 641 number; the manufacturer’s serial number; the name of the 642 vessel, live-aboard vessel, or houseboat; the registration 643 number; and a description, including color scheme, of the 644 vessel, live-aboard vessel, or houseboat. 645 4. Any sexual offender who fails to report through an 646 electronic reporting device or in person as required at the 647 sheriff’s office, who fails to respond to any address 648 verification correspondence from the department within 3 weeks 649 after the date of the correspondence, or who knowingly provides 650 false registration information by act or omission commits a 651 felony of the third degree, punishable as provided in ss. 652 775.082, 775.083, and 775.084. 653 Section 5. Section 843.23, Florida Statutes, is created to 654 read: 655 843.23 Tampering with an electronic monitoring device.— 656 (1) As used in this section, the term “electronic 657 monitoring device” includes any device that is used to track the 658 location of a person. 659 (2) It is unlawful for a person to intentionally and 660 without authority: 661 (a) Remove, destroy, alter, tamper with, damage, or 662 circumvent the operation of an electronic monitoring device that 663 must be worn or used by that person or another person pursuant 664 to a court order or pursuant to an order by the Florida 665 Commission on Offender Review; or 666 (b) Request, authorize, or solicit a person to remove, 667 destroy, alter, tamper with, damage, or circumvent the operation 668 of an electronic monitoring device required to be worn or used 669 pursuant to a court order or pursuant to an order by the Florida 670 Commission on Offender Review. 671 (3) A person who violates this section commits a felony of 672 the third degree, punishable as provided in s. 775.082, s. 673 775.083, or s. 775.084. 674 Section 6. Subsections (1) and (7) of section 948.11, 675 Florida Statutes, are amended to read: 676 948.11 Electronic monitoring devices.— 677 (1) The Department of Corrections may, at its discretion,678 electronically monitor an offender sentenced to community 679 control when the court has imposed electronic monitoring as a 680 condition of community control. 681(7) A person who intentionally alters, tampers with,682damages, or destroys any electronic monitoring equipment683pursuant to court or commission order, unless such person is the684owner of the equipment, or an agent of the owner, performing685ordinary maintenance and repairs, commits a felony of the third686degree, punishable as provided in s. 775.082, s. 775.083, or s.687775.084.688 Section 7. For the purpose of incorporating the amendments 689 made by this act to sections 775.21 and 943.0435, Florida 690 Statutes, in references thereto, paragraph (a) of subsection (4) 691 of section 944.607, Florida Statutes, is reenacted to read: 692 944.607 Notification to Department of Law Enforcement of 693 information on sexual offenders.— 694 (4) A sexual offender, as described in this section, who is 695 under the supervision of the Department of Corrections but is 696 not incarcerated shall register with the Department of 697 Corrections within 3 business days after sentencing for a 698 registrable offense and otherwise provide information as 699 required by this subsection. 700 (a) The sexual offender shall provide his or her name; date 701 of birth; social security number; race; sex; height; weight; 702 hair and eye color; tattoos or other identifying marks; all 703 electronic mail addresses and Internet identifiers required to 704 be provided pursuant to s. 943.0435(4)(e); all home telephone 705 numbers and cellular telephone numbers; the make, model, color, 706 vehicle identification number (VIN), and license tag number of 707 all vehicles owned; permanent or legal residence and address of 708 temporary residence within the state or out of state while the 709 sexual offender is under supervision in this state, including 710 any rural route address or post office box; if no permanent or 711 temporary address, any transient residence within the state; and 712 address, location or description, and dates of any current or 713 known future temporary residence within the state or out of 714 state. The sexual offender shall also produce his or her 715 passport, if he or she has a passport, and, if he or she is an 716 alien, shall produce or provide information about documents 717 establishing his or her immigration status. The sexual offender 718 shall also provide information about any professional licenses 719 he or she has. The Department of Corrections shall verify the 720 address of each sexual offender in the manner described in ss. 721 775.21 and 943.0435. The department shall report to the 722 Department of Law Enforcement any failure by a sexual predator 723 or sexual offender to comply with registration requirements. 724 Section 8. This act shall take effect October 1, 2016. 725 726 ================= T I T L E A M E N D M E N T ================ 727 And the title is amended as follows: 728 Delete everything before the enacting clause 729 and insert: 730 A bill to be entitled 731 An act relating to electronic monitoring; amending ss. 732 775.21, 943.0435, 944.607, and 985.4815, F.S.; 733 defining the term “electronic reporting device”; 734 authorizing sexual offenders and sexual predators to 735 comply with specified mandatory reporting requirements 736 through an electronic reporting device; creating s. 737 843.23, F.S.; defining the term “electronic monitoring 738 device”; prohibiting a person from removing, 739 destroying, altering, tampering with, damaging, or 740 circumventing the operation of an electronic 741 monitoring device being worn or used pursuant to any 742 court order or an order by the Florida Commission on 743 Offender Review; prohibiting the request, 744 authorization, or solicitation of a person to perform 745 such an act; providing criminal penalties; amending s. 746 948.11, F.S.; specifying that the Department of 747 Corrections may electronically monitor an offender 748 sentenced to community control when the court has 749 imposed electronic monitoring as a condition of 750 community control; deleting a provision imposing 751 criminal penalties on persons who intentionally alter, 752 tamper with, damage, or destroy electronic monitoring 753 equipment; reenacting s. 944.607(4)(a), F.S., relating 754 to notification to the Department of Law Enforcement 755 of information on sexual offenders, to incorporate the 756 amendments made to ss. 775.21 and 943.0435, F.S., in 757 references thereto; providing an effective date.