Bill Text: FL S1114 | 2013 | Regular Session | Comm Sub
Bill Title: Sex Offenses
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Appropriations Subcommittee on Criminal and Civil Justice, companion bill(s) passed, see CS/HB 585 (Ch. 2013-116), CS/CS/HB 1325 (Ch. 2013-98) [S1114 Detail]
Download: Florida-2013-S1114-Comm_Sub.html
Florida Senate - 2013 CS for SB 1114 By the Committee on Criminal Justice; and Senator Altman 591-03347-13 20131114c1 1 A bill to be entitled 2 An act relating to sex offenses; amending s. 90.803, 3 F.S.; providing that an out-of-court statement by a 4 child victim with a physical, mental, emotional, or 5 developmental age of 16 or less rather than 11 or less 6 describing specified criminal acts is admissible in 7 evidence in certain instances; amending s. 775.21, 8 F.S.; replacing the definition of the term “instant 9 message name” with the definition of the term 10 “Internet identifier”; providing that voluntary 11 disclosure of specified information waives a 12 disclosure exemption for such information; conforming 13 provisions; adding additional offenses to the list of 14 sexual predator qualifying offenses; requiring 15 disclosure of additional information during the sexual 16 predator registration process; requiring that a sexual 17 predator who is unable to secure or update a driver 18 license or identification card within a specified 19 period must report specified information to the local 20 sheriff’s office within a specified period after such 21 change with confirmation that he or she also reported 22 such information to the Department of Highway Safety 23 and Motor Vehicles; revising reporting requirements if 24 a sexual predator plans to leave the United States for 25 more than a specified period; providing criminal 26 penalties for knowingly providing false registration 27 information by act or omission; amending s. 800.03, 28 F.S.; providing enhanced penalties for third or 29 subsequent indecent exposure violations; amending s. 30 903.046, F.S.; requiring a court considering whether 31 to release a defendant on bail to determine whether 32 the defendant is subject to registration as a sexual 33 offender or sexual predator and, if so, to hold the 34 defendant without bail until the first appearance on 35 the case; providing an exception; amending s. 36 943.0435, F.S.; adding additional offenses to the list 37 of sexual offender qualifying offenses; replacing the 38 definition of the term “instant message name” with the 39 definition of the term “Internet identifier”; 40 conforming provisions; requiring disclosure of 41 additional sexual offender registration information; 42 requiring that a sexual offender who is unable to 43 secure or update a driver license or identification 44 card within a specified period must report specified 45 information to the local sheriff’s office within a 46 specified period of such change with confirmation that 47 he or she also reported such information to the 48 Department of Highway Safety and Motor Vehicles; 49 providing additional requirements for sexual offenders 50 intending to reside outside of the United States; 51 revising criteria applicable to provisions allowing 52 removal from the requirement to register as a sexual 53 offender; providing criminal penalties for knowingly 54 providing false registration information by act or 55 omission; amending s. 943.04351, F.S.; requiring a 56 specified national search of registration information 57 regarding sexual predators and sexual offenders prior 58 to appointment or employment of persons by state 59 agencies and governmental subdivisions; amending s. 60 943.04354, F.S.; revising the criteria applicable to 61 provisions allowing removal of the requirement to 62 register as a sexual offender or sexual predator; 63 amending s. 943.0437, F.S.; replacing the term 64 “instant message name” with the term “Internet 65 identifier”; amending ss. 944.606 and 944.607, F.S.; 66 adding additional offenses to the list of sexual 67 offender qualifying offenses; replacing the definition 68 of the term “instant message name” with the definition 69 of the term “Internet identifier”; conforming 70 provisions; requiring disclosure of additional 71 registration information; providing criminal penalties 72 for knowingly providing false registration information 73 by act or omission; amending s. 947.005, F.S.; 74 revising the definition of the term “risk assessment”; 75 amending s. 948.31, F.S.; authorizing the court to 76 require sexual offenders and sexual predators who are 77 on probation or community control to undergo an 78 evaluation to determine whether the offender or 79 predator needs sexual offender treatment; requiring 80 the probationer or community controllee to pay for the 81 treatment; removing a provision prohibiting contact 82 with minors if sexual offender treatment is 83 recommended; amending ss. 985.481 and 985.4815, F.S.; 84 requiring disclosure of additional registration 85 information by certain sexual offenders adjudicated 86 delinquent and certain juvenile sexual offenders; 87 providing criminal penalties for knowingly providing 88 false registration information by act or omission; 89 amending s. 921.0022, F.S.; conforming cross 90 references; providing an effective date. 91 92 Be It Enacted by the Legislature of the State of Florida: 93 94 Section 1. Paragraph (a) of subsection (23) of section 95 90.803, Florida Statutes, is amended to read: 96 90.803 Hearsay exceptions; availability of declarant 97 immaterial.—The provision of s. 90.802 to the contrary 98 notwithstanding, the following are not inadmissible as evidence, 99 even though the declarant is available as a witness: 100 (23) HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM.— 101 (a) Unless the source of information or the method or 102 circumstances by which the statement is reported indicates a 103 lack of trustworthiness, an out-of-court statement made by a 104 child victim with a physical, mental, emotional, or 105 developmental age of 1611or less describing any act of child 106 abuse or neglect, any act of sexual abuse against a child, the 107 offense of child abuse, the offense of aggravated child abuse, 108 or any offense involving an unlawful sexual act, contact, 109 intrusion, or penetration performed in the presence of, with, 110 by, or on the declarant child, not otherwise admissible, is 111 admissible in evidence in any civil or criminal proceeding if: 112 1. The court finds in a hearing conducted outside the 113 presence of the jury that the time, content, and circumstances 114 of the statement provide sufficient safeguards of reliability. 115 In making its determination, the court may consider the mental 116 and physical age and maturity of the child, the nature and 117 duration of the abuse or offense, the relationship of the child 118 to the offender, the reliability of the assertion, the 119 reliability of the child victim, and any other factor deemed 120 appropriate; and 121 2. The child either: 122 a. Testifies; or 123 b. Is unavailable as a witness, provided that there is 124 other corroborative evidence of the abuse or offense. 125 Unavailability shall include a finding by the court that the 126 child’s participation in the trial or proceeding would result in 127 a substantial likelihood of severe emotional or mental harm, in 128 addition to findings pursuant to s. 90.804(1). 129 Section 2. Paragraph (i) of subsection (2), paragraph (a) 130 of subsection (4), subsections (6) and (8), and paragraph (a) of 131 subsection (10) of section 775.21, Florida Statutes, are amended 132 to read: 133 775.21 The Florida Sexual Predators Act.— 134 (2) DEFINITIONS.—As used in this section, the term: 135 (i) “Internet identifierInstant message name” means all 136 electronic mail, chat, instant messenger, social networking, or 137 similar name used for Internet communication, but does not 138 include a date of birth, social security number, or personal 139 identification number (PIN). Voluntary disclosure by the sexual 140 predator of his or her date of birth, social security number, or 141 personal identification number (PIN) as an Internet identifier 142 waives the disclosure exemption in this paragraph for such 143 personal informationan identifier that allows a person to144communicate in real time with another person using the Internet. 145 (4) SEXUAL PREDATOR CRITERIA.— 146 (a) For a current offense committed on or after October 1, 147 1993, upon conviction, an offender shall be designated as a 148 “sexual predator” under subsection (5), and subject to 149 registration under subsection (6) and community and public 150 notification under subsection (7) if: 151 1. The felony is: 152 a. A capital, life, or first-degree felony violation, or 153 any attempt thereof, of s. 787.01 or s. 787.02, where the victim 154 is a minor and the defendant is not the victim’s parent or 155 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a 156 violation of a similar law of another jurisdiction; or 157 b. Any felony violation, or any attempt thereof, of s. 158 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 159 787.025(2)(c), where the victim is a minor and the defendant is 160 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f), 161 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s. 162 796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025 163825.1025(2)(b); s. 827.071; s. 847.0135(5); s. 847.0145; s. 164 916.1075(2); or s. 985.701(1); or a violation of a similar law 165 of another jurisdiction, and the offender has previously been 166 convicted of or found to have committed, or has pled nolo 167 contendere or guilty to, regardless of adjudication, any 168 violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 169 787.02, or s. 787.025(2)(c), where the victim is a minor and the 170 defendant is not the victim’s parent or guardian; s. 171 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s. 172 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 173 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 174 847.0135(6); s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a 175 violation of a similar law of another jurisdiction; 176 2. The offender has not received a pardon for any felony or 177 similar law of another jurisdiction that is necessary for the 178 operation of this paragraph; and 179 3. A conviction of a felony or similar law of another 180 jurisdiction necessary to the operation of this paragraph has 181 not been set aside in any postconviction proceeding. 182 (6) REGISTRATION.— 183 (a) A sexual predator must register with the department 184 through the sheriff’s office by providing the following 185 information to the department: 186 1. Name; social security number; age; race; sex; date of 187 birth; height; weight; tattoos or other identifying marks; hair 188 and eye color; photograph; address of legal residence and 189 address of any current temporary residence, within the state or 190 out of state, including a rural route address and a post office 191 box; if no permanent or temporary address, any transient 192 residence within the state; address, location or description, 193 and dates of any current or known future temporary residence 194 within the state or out of state; allanyelectronic mail 195 addressesaddressand all Internet identifiersany instant196message namerequired to be provided pursuant to subparagraph 197 (g)4.; all home telephone numbersnumberandanycellular 198 telephone numbersnumber; date and place of any employment; the 199 make, model, color, registration number, and license tag number 200 of all vehicles owned; date and place of each conviction; 201 fingerprints; palm prints; and a brief description of the crime 202 or crimes committed by the offender. A post office box shall not 203 be provided in lieu of a physical residential address. The 204 sexual predator must also produce his or her passport, if he or 205 she has a passport, and, if he or she is an alien, must produce 206 or provide information about documents establishing his or her 207 immigration status. The sexual predator must also provide 208 information about any professional licenses he or she may have. 209 a. If the sexual predator’s place of residence is a motor 210 vehicle, trailer, mobile home, or manufactured home, as defined 211 in chapter 320, the sexual predator shall also provide to the 212 department written notice of the vehicle identification number; 213 the license tag number; the registration number; and a 214 description, including color scheme, of the motor vehicle, 215 trailer, mobile home, or manufactured home. If a sexual 216 predator’s place of residence is a vessel, live-aboard vessel, 217 or houseboat, as defined in chapter 327, the sexual predator 218 shall also provide to the department written notice of the hull 219 identification number; the manufacturer’s serial number; the 220 name of the vessel, live-aboard vessel, or houseboat; the 221 registration number; and a description, including color scheme, 222 of the vessel, live-aboard vessel, or houseboat. 223 b. If the sexual predator is enrolled, employed, 224 volunteering, or carrying on a vocation at an institution of 225 higher education in this state, the sexual predator shall also 226 provide to the department the name, address, and county of each 227 institution, including each campus attended, and the sexual 228 predator’s enrollment, volunteer, or employment status. Each 229 change in enrollment, volunteer, or employment status shall be 230 reported in person at the sheriff’s office, or the Department of 231 Corrections if the sexual predator is in the custody or control 232 of or under the supervision of the Department of Corrections, 233 within 48 hours after any change in status. The sheriff or the 234 Department of Corrections shall promptly notify each institution 235 of the sexual predator’s presence and any change in the sexual 236 predator’s enrollment, volunteer, or employment status. 237 2. Any other information determined necessary by the 238 department, including criminal and corrections records; 239 nonprivileged personnel and treatment records; and evidentiary 240 genetic markers when available. 241 (b) If the sexual predator is in the custody or control of, 242 or under the supervision of, the Department of Corrections, or 243 is in the custody of a private correctional facility, the sexual 244 predator must register with the Department of Corrections. A 245 sexual predator who is under the supervision of the Department 246 of Corrections but who is not incarcerated must register with 247 the Department of Corrections within 3 business days after the 248 court finds the offender to be a sexual predator. The Department 249 of Corrections shall provide to the department registration 250 information and the location of, and local telephone number for, 251 any Department of Corrections office that is responsible for 252 supervising the sexual predator. In addition, the Department of 253 Corrections shall notify the department if the sexual predator 254 escapes or absconds from custody or supervision or if the sexual 255 predator dies. 256 (c) If the sexual predator is in the custody of a local 257 jail, the custodian of the local jail shall register the sexual 258 predator within 3 business days after intake of the sexual 259 predator for any reason and upon release, and shall forward the 260 registration information to the department. The custodian of the 261 local jail shall also take a digitized photograph of the sexual 262 predator while the sexual predator remains in custody and shall 263 provide the digitized photograph to the department. The 264 custodian shall notify the department if the sexual predator 265 escapes from custody or dies. 266 (d) If the sexual predator is under federal supervision, 267 the federal agency responsible for supervising the sexual 268 predator may forward to the department any information regarding 269 the sexual predator which is consistent with the information 270 provided by the Department of Corrections under this section, 271 and may indicate whether use of the information is restricted to 272 law enforcement purposes only or may be used by the department 273 for purposes of public notification. 274 (e)1. If the sexual predator is not in the custody or 275 control of, or under the supervision of, the Department of 276 Corrections or is not in the custody of a private correctional 277 facility, the sexual predator shall register in person: 278 a. At the sheriff’s office in the county where he or she 279 establishes or maintains a residence within 48 hours after 280 establishing or maintaining a residence in this state; and 281 b. At the sheriff’s office in the county where he or she 282 was designated a sexual predator by the court within 48 hours 283 after such finding is made. 284 2. Any change in the sexual predator’s permanent or 285 temporary residence, name,or anyelectronic mail addresses, or 286 Internet identifiersaddress and any instant message name287 required to be provided pursuant to subparagraph (g)4., after 288 the sexual predator registers in person at the sheriff’s office 289 as provided in subparagraph 1., shall be accomplished in the 290 manner provided in paragraphs (g), (i), and (j). When a sexual 291 predator registers with the sheriff’s office, the sheriff shall 292 take a photograph,anda set of fingerprints, and palm prints of 293 the predator and forward the photographs, palm prints, and 294 fingerprints to the department, along with the information that 295 the predator is required to provide pursuant to this section. 296 (f) Within 48 hours after the registration required under 297 paragraph (a) or paragraph (e), a sexual predator who is not 298 incarcerated and who resides in the community, including a 299 sexual predator under the supervision of the Department of 300 Corrections, shall register in person at a driverdriver’s301 license office of the Department of Highway Safety and Motor 302 Vehicles and shall present proof of registration. At the driver 303driver’slicense office the sexual predator shall: 304 1. If otherwise qualified, secure a Florida driverdriver’s305 license, renew a Florida driverdriver’slicense, or secure an 306 identification card. The sexual predator shall identify himself 307 or herself as a sexual predator who is required to comply with 308 this section, provide his or her place of permanent, temporary, 309 or transient residence, including a rural route address and a 310 post office box, and submit to the taking of a photograph for 311 use in issuing a driverdriver’slicense, renewed license, or 312 identification card, and for use by the department in 313 maintaining current records of sexual predators. A post office 314 box shall not be provided in lieu of a physical residential 315 address. If the sexual predator’s place of residence is a motor 316 vehicle, trailer, mobile home, or manufactured home, as defined 317 in chapter 320, the sexual predator shall also provide to the 318 Department of Highway Safety and Motor Vehicles the vehicle 319 identification number; the license tag number; the registration 320 number; and a description, including color scheme, of the motor 321 vehicle, trailer, mobile home, or manufactured home. If a sexual 322 predator’s place of residence is a vessel, live-aboard vessel, 323 or houseboat, as defined in chapter 327, the sexual predator 324 shall also provide to the Department of Highway Safety and Motor 325 Vehicles the hull identification number; the manufacturer’s 326 serial number; the name of the vessel, live-aboard vessel, or 327 houseboat; the registration number; and a description, including 328 color scheme, of the vessel, live-aboard vessel, or houseboat. 329 2. Pay the costs assessed by the Department of Highway 330 Safety and Motor Vehicles for issuing or renewing a driver 331driver’slicense or identification card as required by this 332 section. The driverdriver’slicense or identification card 333 issued to the sexual predator must be in compliance with s. 334 322.141(3). 335 3. Provide, upon request, any additional information 336 necessary to confirm the identity of the sexual predator, 337 including a set of fingerprints. 338 (g)1. Each time a sexual predator’s driverdriver’slicense 339 or identification card is subject to renewal, and, without 340 regard to the status of the predator’s driverdriver’slicense 341 or identification card, within 48 hours after any change of the 342 predator’s residence or change in the predator’s name by reason 343 of marriage or other legal process, the predator shall report in 344 person to a driverdriver’slicense office and shall be subject 345 to the requirements specified in paragraph (f). The Department 346 of Highway Safety and Motor Vehicles shall forward to the 347 department and to the Department of Corrections all photographs 348 and information provided by sexual predators. Notwithstanding 349 the restrictions set forth in s. 322.142, the Department of 350 Highway Safety and Motor Vehicles is authorized to release a 351 reproduction of a color-photograph or digital-image license to 352 the Department of Law Enforcement for purposes of public 353 notification of sexual predators as provided in this section. A 354 sexual predator who is unable to secure or update a driver 355 license or identification card with the Department of Highway 356 Safety and Motor Vehicles as provided in paragraph (f) and this 357 paragraph must also report any change of the predator’s 358 residence or change in the predator’s name by reason of marriage 359 or other legal process within 48 hours after the change to the 360 sheriff’s office in the county where the predator resides or is 361 located and provide confirmation that he or she reported such 362 information to the Department of Highway Safety and Motor 363 Vehicles. 364 2. A sexual predator who vacates a permanent, temporary, or 365 transient residence and fails to establish or maintain another 366 permanent, temporary, or transient residence shall, within 48 367 hours after vacating the permanent, temporary, or transient 368 residence, report in person to the sheriff’s office of the 369 county in which he or she is located. The sexual predator shall 370 specify the date upon which he or she intends to or did vacate 371 such residence. The sexual predator must provide or update all 372 of the registration information required under paragraph (a). 373 The sexual predator must provide an address for the residence or 374 other place that he or she is or will be located during the time 375 in which he or she fails to establish or maintain a permanent or 376 temporary residence. 377 3. A sexual predator who remains at a permanent, temporary, 378 or transient residence after reporting his or her intent to 379 vacate such residence shall, within 48 hours after the date upon 380 which the predator indicated he or she would or did vacate such 381 residence, report in person to the sheriff’s office to which he 382 or she reported pursuant to subparagraph 2. for the purpose of 383 reporting his or her address at such residence. When the sheriff 384 receives the report, the sheriff shall promptly convey the 385 information to the department. An offender who makes a report as 386 required under subparagraph 2. but fails to make a report as 387 required under this subparagraph commits a felony of the second 388 degree, punishable as provided in s. 775.082, s. 775.083, or s. 389 775.084. 390 4. A sexual predator must register allanyelectronic mail 391 addresses and Internet identifiersaddress or instant message392namewith the department prior to using such electronic mail 393 addresses and Internet identifiersaddress or instant message394name on or after October 1, 2007. The department shall establish 395 an online system through which sexual predators may securely 396 access and update all electronic mail address and Internet 397 identifierinstant message nameinformation. 398 (h) The department must notify the sheriff and the state 399 attorney of the county and, if applicable, the police chief of 400 the municipality, where the sexual predator maintains a 401 residence. 402 (i) A sexual predator 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 in 405 person to the sheriff of the county of current residence within 406 48 hours before the date he or she intends to leave this state 407 to establish residence in another state or jurisdiction or 408 within 21 days before his or her planned departure date if the 409 intended residence of 5 days or more is outside of the United 410 States. The sexual predator must provide to the sheriff the 411 address, municipality, county,andstate, and country of 412 intended residence. The sheriff shall promptly provide to the 413 department the information received from the sexual predator. 414 The department shall notify the statewide law enforcement 415 agency, or a comparable agency, in the intended state,or416 jurisdiction, or country of residence of the sexual predator’s 417 intended residence. The failure of a sexual predator to provide 418 his or her intended place of residence is punishable as provided 419 in subsection (10). 420 (j) A sexual predator who indicates his or her intent to 421 establish a permanent, temporary, or transient residence in 422 another state, aorjurisdiction other than the State of 423 Florida, or another country and later decides to remain in this 424 state shall, within 48 hours after the date upon which the 425 sexual predator indicated he or she would leave this state, 426 report in person to the sheriff to which the sexual predator 427 reported the intended change of residence, and report his or her 428 intent to remain in this state. If the sheriff is notified by 429 the sexual predator that he or she intends to remain in this 430 state, the sheriff shall promptly report this information to the 431 department. A sexual predator who reports his or her intent to 432 establish a permanent, temporary, or transient residence in 433 another state, aorjurisdiction other than the State of 434 Florida, or another country, but who remains in this state 435 without reporting to the sheriff in the manner required by this 436 paragraph, commits a felony of the second degree, punishable as 437 provided in s. 775.082, s. 775.083, or s. 775.084. 438 (k)1. The department is responsible for the online 439 maintenance of current information regarding each registered 440 sexual predator. The department must maintain hotline access for 441 state, local, and federal law enforcement agencies to obtain 442 instantaneous locator file and offender characteristics 443 information on all released registered sexual predators for 444 purposes of monitoring, tracking, and prosecution. The 445 photograph and fingerprints do not have to be stored in a 446 computerized format. 447 2. The department’s sexual predator registration list, 448 containing the information described in subparagraph (a)1., is a 449 public record. The department is authorized to disseminate this 450 public information by any means deemed appropriate, including 451 operating a toll-free telephone number for this purpose. When 452 the department provides information regarding a registered 453 sexual predator to the public, department personnel must advise 454 the person making the inquiry that positive identification of a 455 person believed to be a sexual predator cannot be established 456 unless a fingerprint comparison is made, and that it is illegal 457 to use public information regarding a registered sexual predator 458 to facilitate the commission of a crime. 459 3. The department shall adopt guidelines as necessary 460 regarding the registration of sexual predators and the 461 dissemination of information regarding sexual predators as 462 required by this section. 463 (l) A sexual predator must maintain registration with the 464 department for the duration of his or her life, unless the 465 sexual predator has received a full pardon or has had a 466 conviction set aside in a postconviction proceeding for any 467 offense that met the criteria for the sexual predator 468 designation. 469 (8) VERIFICATION.—The department and the Department of 470 Corrections shall implement a system for verifying the addresses 471 of sexual predators. The system must be consistent with the 472 provisions of the federal Adam Walsh Child Protection and Safety 473 Act of 2006 and any other federal standards applicable to such 474 verification or required to be met as a condition for the 475 receipt of federal funds by the state. The Department of 476 Corrections shall verify the addresses of sexual predators who 477 are not incarcerated but who reside in the community under the 478 supervision of the Department of Corrections and shall report to 479 the department any failure by a sexual predator to comply with 480 registration requirements. County and local law enforcement 481 agencies, in conjunction with the department, shall verify the 482 addresses of sexual predators who are not under the care, 483 custody, control, or supervision of the Department of 484 Corrections. Local law enforcement agencies shall report to the 485 department any failure by a sexual predator to comply with 486 registration requirements. 487 (a) A sexual predator must report in person each year 488 during the month of the sexual predator’s birthday and during 489 every third month thereafter to the sheriff’s office in the 490 county in which he or she resides or is otherwise located to 491 reregister. The sheriff’s office may determine the appropriate 492 times and days for reporting by the sexual predator, which shall 493 be consistent with the reporting requirements of this paragraph. 494 Reregistration shall include any changes to the following 495 information: 496 1. Name; social security number; age; race; sex; date of 497 birth; height; weight; tattoos or other identifying marks; hair 498 and eye color; address of any permanent residence and address of 499 any current temporary residence, within the state or out of 500 state, including a rural route address and a post office box; if 501 no permanent or temporary address, any transient residence 502 within the state; address, location or description, and dates of 503 any current or known future temporary residence within the state 504 or out of state;anyelectronic mail addresses or Internet 505 identifiersaddress and any instant message namerequired to be 506 provided pursuant to subparagraph (6)(g)4.; home telephone 507 numbers ornumber and anycellular telephone numbersnumber; 508 date and place of any employment; thevehiclemake, model, 509 color, registration number, and license tag number of any 510 vehicles owned; fingerprints; palm prints; and photograph. A 511 post office box shall not be provided in lieu of a physical 512 residential address. The sexual predator must also produce his 513 or her passport, if he or she has a passport, and, if he or she 514 is an alien, must produce or provide information about documents 515 establishing his or her immigration status. The sexual predator 516 must also provide information about any professional licenses he 517 or she may have. 518 2. If the sexual predator is enrolled, employed, 519 volunteering, or carrying on a vocation at an institution of 520 higher education in this state, the sexual predator shall also 521 provide to the department the name, address, and county of each 522 institution, including each campus attended, and the sexual 523 predator’s enrollment, volunteer, or employment status. 524 3. If the sexual predator’s place of residence is a motor 525 vehicle, trailer, mobile home, or manufactured home, as defined 526 in chapter 320, the sexual predator shall also provide the 527 vehicle identification number; the license tag number; the 528 registration number; and a description, including color scheme, 529 of the motor vehicle, trailer, mobile home, or manufactured 530 home. If the sexual predator’s place of residence is a vessel, 531 live-aboard vessel, or houseboat, as defined in chapter 327, the 532 sexual predator shall also provide the hull identification 533 number; the manufacturer’s serial number; the name of the 534 vessel, live-aboard vessel, or houseboat; the registration 535 number; and a description, including color scheme, of the 536 vessel, live-aboard vessel, or houseboat. 537 (b) The sheriff’s office shall, within 2 working days, 538 electronically submit and update all information provided by the 539 sexual predator to the department in a manner prescribed by the 540 department. 541 (10) PENALTIES.— 542 (a) Except as otherwise specifically provided, a sexual 543 predator who fails to register; who fails, after registration, 544 to maintain, acquire, or renew a driverdriver’slicense or 545 identification card; who fails to provide required location 546 information, electronic mail address information prior to use, 547 Internet identifierinstant message nameinformation prior to 548 use, all home telephone numbersnumberandanycellular 549 telephone numbersnumber, or change-of-name information; who 550 fails to make a required report in connection with vacating a 551 permanent residence; who fails to reregister as required; who 552 fails to respond to any address verification correspondence from 553 the department within 3 weeks of the date of the correspondence; 554 who knowingly provides false registration information by act or 555 omission; or who otherwise fails, by act or omission, to comply 556 with the requirements of this section,commits a felony of the 557 third degree, punishable as provided in s. 775.082, s. 775.083, 558 or s. 775.084. 559 Section 3. Section 800.03, Florida Statutes, is amended to 560 read: 561 800.03 Exposure of sexual organs.— 562 (1) It is unlawful to expose or exhibit one’s sexual organs 563 in public or on the private premises of another, or so near 564 thereto as to be seen from such private premises, in a vulgar or 565 indecent manner, or to be naked in public except in any place 566 provided or set apart for that purpose. 567 (2)(a) Except as provided in paragraph (b), a violation of 568 this section is a misdemeanor of the first degree, punishable as 569 provided in s. 775.082 or s. 775.083. 570 (b) A third or subsequent violation of this section is a 571 felony of the third degree, punishable as provided in s. 572 775.082, s. 775.083, or s. 775.084. 573 (3) A mother’s breastfeeding of her baby does not under any 574 circumstance violate this section. 575 Section 4. Paragraph (m) is added to subsection (2) of 576 section 903.046, Florida Statutes, to read: 577 903.046 Purpose of and criteria for bail determination.— 578 (2) When determining whether to release a defendant on bail 579 or other conditions, and what that bail or those conditions may 580 be, the court shall consider: 581 (m) Whether the defendant, other than a defendant whose 582 only criminal charge is a misdemeanor offense under chapter 316, 583 is required to register as a sexual offender under s. 943.0435 584 or a sexual predator under s. 775.21; and, if so, he or she is 585 not eligible for release on bail or surety bond until the first 586 appearance on the case in order to ensure the full participation 587 of the prosecutor and the protection of the public. 588 Section 5. Paragraphs (a) and (g) of subsection (1), 589 subsection (2), paragraphs (a) and (d) of subsection (4), 590 subsections (7), (8), and (11), and paragraph (c) of subsection 591 (14) of section 943.0435, Florida Statutes, are amended to read: 592 943.0435 Sexual offenders required to register with the 593 department; penalty.— 594 (1) As used in this section, the term: 595 (a)1. “Sexual offender” means a person who meets the 596 criteria in sub-subparagraph a., sub-subparagraph b., sub 597 subparagraph c., or sub-subparagraph d., as follows: 598 a.(I) Has been convicted of committing, or attempting, 599 soliciting, or conspiring to commit, any of the criminal 600 offenses proscribed in the following statutes in this state or 601 similar offenses in another jurisdiction: s. 393.135(2); s. 602 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 603 the victim is a minor and the defendant is not the victim’s 604 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s. 605 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 606 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 607 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 608 847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any 609 similar offense committed in this state which has been 610 redesignated from a former statute number to one of those listed 611 in this sub-sub-subparagraph; and 612 (II) Has been released on or after October 1, 1997, from 613 the sanction imposed for any conviction of an offense described 614 in sub-sub-subparagraph (I). For purposes of sub-sub 615 subparagraph (I), a sanction imposed in this state or in any 616 other jurisdiction includes, but is not limited to, a fine, 617 probation, community control, parole, conditional release, 618 control release, or incarceration in a state prison, federal 619 prison, private correctional facility, or local detention 620 facility; 621 b. Establishes or maintains a residence in this state and 622 who has not been designated as a sexual predator by a court of 623 this state but who has been designated as a sexual predator, as 624 a sexually violent predator, or by another sexual offender 625 designation in another state or jurisdiction and was, as a 626 result of such designation, subjected to registration or 627 community or public notification, or both, or would be if the 628 person were a resident of that state or jurisdiction, without 629 regard to whether the person otherwise meets the criteria for 630 registration as a sexual offender; 631 c. Establishes or maintains a residence in this state who 632 is in the custody or control of, or under the supervision of, 633 any other state or jurisdiction as a result of a conviction for 634 committing, or attempting, soliciting, or conspiring to commit, 635 any of the criminal offenses proscribed in the following 636 statutes or similar offense in another jurisdiction: s. 637 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 638 787.025(2)(c), where the victim is a minor and the defendant is 639 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f), 640 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s. 641 796.03; s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 642 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 643 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s. 644 985.701(1); or any similar offense committed in this state which 645 has been redesignated from a former statute number to one of 646 those listed in this sub-subparagraph; or 647 d. On or after July 1, 2007, has been adjudicated 648 delinquent for committing, or attempting, soliciting, or 649 conspiring to commit, any of the criminal offenses proscribed in 650 the following statutes in this state or similar offenses in 651 another jurisdiction when the juvenile was 14 years of age or 652 older at the time of the offense: 653 (I) Section 794.011, excluding s. 794.011(10); 654 (II) Section 800.04(4)(b) where the victim is under 12 655 years of age or where the court finds sexual activity by the use 656 of force or coercion; 657 (III) Section 800.04(5)(c)1. where the court finds 658 molestation involving unclothed genitals; or 659 (IV) Section 800.04(5)(d) where the court finds the use of 660 force or coercion and unclothed genitals. 661 2. For all qualifying offenses listed in sub-subparagraph 662 (1)(a)1.d., the court shall make a written finding of the age of 663 the offender at the time of the offense. 664 665 For each violation of a qualifying offense listed in this 666 subsection, except for a violation of s. 794.011, the court 667 shall make a written finding of the age of the victim at the 668 time of the offense. For a violation of s. 800.04(4), the court 669 shall additionally make a written finding indicating that the 670 offense did or did not involve sexual activity and indicating 671 that the offense did or did not involve force or coercion. For a 672 violation of s. 800.04(5), the court shall additionally make a 673 written finding that the offense did or did not involve 674 unclothed genitals or genital area and that the offense did or 675 did not involve the use of force or coercion. 676 (g) “Internet identifierInstant message name” has the same 677 meaning as provided in s. 775.21means an identifier that allows678a person to communicate in real time with another person using679the Internet. 680 (2) A sexual offender shall: 681 (a) Report in person at the sheriff’s office: 682 1. In the county in which the offender establishes or 683 maintains a permanent, temporary, or transient residence within 684 48 hours after: 685 a. Establishing permanent, temporary, or transient 686 residence in this state; or 687 b. Being released from the custody, control, or supervision 688 of the Department of Corrections or from the custody of a 689 private correctional facility; or 690 2. In the county where he or she was convicted within 48 691 hours after being convicted for a qualifying offense for 692 registration under this section if the offender is not in the 693 custody or control of, or under the supervision of, the 694 Department of Corrections, or is not in the custody of a private 695 correctional facility. 696 697 Any change in the information required to be provided pursuant 698 to paragraph (b), including, but not limited to, any change in 699 the sexual offender’s permanent, temporary, or transient 700 residence, name,anyelectronic mail addresses, or Internet 701 identifiersaddress and any instant message namerequired to be 702 provided pursuant to paragraph (4)(d), after the sexual offender 703 reports in person at the sheriff’s office, shall be accomplished 704 in the manner provided in subsections (4), (7), and (8). 705 (b) Provide his or her name; date of birth; social security 706 number; race; sex; height; weight; hair and eye color; tattoos 707 or other identifying marks; occupation and place of employment; 708 address of permanent or legal residence or address of any 709 current temporary residence, within the state or out of state, 710 including a rural route address and a post office box; if no 711 permanent or temporary address, any transient residence within 712 the state, address, location or description, and dates of any 713 current or known future temporary residence within the state or 714 out of state; the make, model, color, registration number, and 715 license tag number of all vehicles owned; all home telephone 716 numbersnumberandanycellular telephone numbersnumber; all 717anyelectronic mail addressesaddressand all Internet 718 identifiersany instant message namerequired to be provided 719 pursuant to paragraph (4)(d); fingerprints; palm prints; 720 photograph; date and place of each conviction; and a brief 721 description of the crime or crimes committed by the offender. A 722 post office box shall not be provided in lieu of a physical 723 residential address. The sexual offender must also produce his 724 or her passport, if he or she has a passport, and, if he or she 725 is an alien, must produce or provide information about documents 726 establishing his or her immigration status. The sexual offender 727 must also provide information about any professional licenses he 728 or she may have. 729 1. If the sexual offender’s place of residence is a motor 730 vehicle, trailer, mobile home, or manufactured home, as defined 731 in chapter 320, the sexual offender shall also provide to the 732 department through the sheriff’s office written notice of the 733 vehicle identification number; the license tag number; the 734 registration number; and a description, including color scheme, 735 of the motor vehicle, trailer, mobile home, or manufactured 736 home. If the sexual offender’s place of residence is a vessel, 737 live-aboard vessel, or houseboat, as defined in chapter 327, the 738 sexual offender shall also provide to the department written 739 notice of the hull identification number; the manufacturer’s 740 serial number; the name of the vessel, live-aboard vessel, or 741 houseboat; the registration number; and a description, including 742 color scheme, of the vessel, live-aboard vessel, or houseboat. 743 2. If the sexual offender is enrolled, employed, 744 volunteering, or carrying on a vocation at an institution of 745 higher education in this state, the sexual offender shall also 746 provide to the department through the sheriff’s office the name, 747 address, and county of each institution, including each campus 748 attended, and the sexual offender’s enrollment, volunteer, or 749 employment status. Each change in enrollment, volunteer, or 750 employment status shall be reported in person at the sheriff’s 751 office, within 48 hours after any change in status. The sheriff 752 shall promptly notify each institution of the sexual offender’s 753 presence and any change in the sexual offender’s enrollment, 754 volunteer, or employment status. 755 (c) Provide any other information determined necessary by 756 the department, including criminal and corrections records; 757 nonprivileged personnel and treatment records; and evidentiary 758 genetic markers, when available. 759 760 When a sexual offender reports at the sheriff’s office, the 761 sheriff shall take a photograph,anda set of fingerprints, and 762 palm prints of the offender and forward the photographs, palm 763 prints, and fingerprints to the department, along with the 764 information provided by the sexual offender. The sheriff shall 765 promptly provide to the department the information received from 766 the sexual offender. 767 (4)(a) Each time a sexual offender’s driverdriver’s768 license or identification card is subject to renewal, and, 769 without regard to the status of the offender’s driverdriver’s770 license or identification card, within 48 hours after any change 771 in the offender’s permanent, temporary, or transient residence 772 or change in the offender’s name by reason of marriage or other 773 legal process, the offender shall report in person to a driver 774driver’slicense office, and shall be subject to the 775 requirements specified in subsection (3). The Department of 776 Highway Safety and Motor Vehicles shall forward to the 777 department all photographs and information provided by sexual 778 offenders. Notwithstanding the restrictions set forth in s. 779 322.142, the Department of Highway Safety and Motor Vehicles is 780 authorized to release a reproduction of a color-photograph or 781 digital-image license to the Department of Law Enforcement for 782 purposes of public notification of sexual offenders as provided 783 in this section and ss. 943.043 and 944.606. A sexual offender 784 who is unable to secure or update a driver license or 785 identification card with the Department of Highway Safety and 786 Motor Vehicles as provided in subsection (3) and this subsection 787 must also report any change in the sexual offender’s permanent, 788 temporary, or transient residence or change in the offender’s 789 name by reason of marriage or other legal process within 48 790 hours after the change to the sheriff’s office in the county 791 where the offender resides or is located and provide 792 confirmation that he or she reported such information to the 793 Department of Highway Safety and Motor Vehicles. 794 (d) A sexual offender must register allanyelectronic mail 795 addresses and Internet identifiersaddress or instant message796namewith the department prior to using such electronic mail 797 addresses and Internet identifiersaddress or instant message798name on or after October 1, 2007. The department shall establish 799 an online system through which sexual offenders may securely 800 access and update all electronic mail address and Internet 801 identifierinstant message nameinformation. 802 (7) A sexual offender who intends to establish a permanent, 803 temporary, or transient residence in another state or 804 jurisdiction other than the State of Florida shall report in 805 person to the sheriff of the county of current residence within 806 48 hours before the date he or she intends to leave this state 807 to establish residence in another state or jurisdiction or 808 within 21 days before his or her planned departure date if the 809 intended residence of 5 days or more is outside of the United 810 States. The notification must include the address, municipality, 811 county,andstate, and country of intended residence. The 812 sheriff shall promptly provide to the department the information 813 received from the sexual offender. The department shall notify 814 the statewide law enforcement agency, or a comparable agency, in 815 the intended state,orjurisdiction, or country of residence of 816 the sexual offender’s intended residence. The failure of a 817 sexual offender to provide his or her intended place of 818 residence is punishable as provided in subsection (9). 819 (8) A sexual offender who indicates his or her intent to 820 establish a permanent, temporary, or transient residence in 821 another state, aorjurisdiction other than the State of 822 Florida, or another country and later decides to remain in this 823 state shall, within 48 hours after the date upon which the 824 sexual offender indicated he or she would leave this state, 825 report in person to the sheriff to which the sexual offender 826 reported the intended change of permanent, temporary, or 827 transient residence, and report his or her intent to remain in 828 this state. The sheriff shall promptly report this information 829 to the department. A sexual offender who reports his or her 830 intent to establish a permanent, temporary, or transient 831 residence in another state, aorjurisdiction other than the 832 State of Florida, or another country but who remains in this 833 state without reporting to the sheriff in the manner required by 834 this subsection commits a felony of the second degree, 835 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 836 (11) Except as provided in this subsection and s. 837 943.04354, a sexual offender must maintain registration with the 838 department for the duration of his or her life, unless the 839 sexual offender has received a full pardon or has had a 840 conviction set aside in a postconviction proceeding for any 841 offense that meets the criteria for classifying the person as a 842 sexual offender for purposes of registration.However, a sexual843offender:844 (a)1. A sexual offender may petition the criminal division 845 of the circuit court of the circuit in which the sexual offender 846 resides for the purpose of removing the requirement for 847 registration as a sexual offender ifWho has been lawfully848released from confinement, supervision, or sanction, whichever849is later, for at least 25 years and has not been arrested for850any felony or misdemeanor offense since release, provided that851the sexual offender’s requirement to register was not based upon852an adult conviction: 853 a. Twenty-five years have elapsed since the sexual 854 offender’s registration period for the most recent conviction 855 that required the offender to register began; 856 b. The sexual offender has not been convicted or 857 adjudicated delinquent of any felony offense or of an offense 858 punishable by more than 1 year of imprisonment during the 25 859 years preceding the petition to the court; 860 c. The sexual offender has successfully completed all 861 sanctions imposed for all offenses that required the offender to 862 register; 863 d. The sexual offender’s requirement to register was not 864 based upon an adult conviction for a violation of s. 787.01, s. 865 794.011, excluding s. 794.011(10), s. 800.04(4)(b) where the 866 court finds the offense involved a victim under 12 years of age 867 or sexual activity by the use of force or coercion, s. 868 800.04(5)(b), or s. 800.04(5)(c)2. where the court finds the 869 offense involved unclothed genitals or genital area; for any 870 attempt or conspiracy to commit any offense listed in this sub 871 subparagraph; or for a violation of similar law of another 872 jurisdiction; and 873 e. For sexual offenders whose requirement to register is 874 based upon a conviction in another state, the sexual offender is 875 not required to register as a sexual offender pursuant to the 876 laws of the state where the conviction occurred. Such an 877 offender must provide the court written confirmation that he or 878 she is not required to register in the state where the 879 conviction occurred. 880a. For a violation of s.787.01or s.787.02;881b. For a violation of s.794.011, excluding s.794.011(10);882c. For a violation of s.800.04(4)(b) where the court finds883the offense involved a victim under 12 years of age or sexual884activity by the use of force or coercion;885d. For a violation of s.800.04(5)(b);886e. For a violation of s.800.04(5)c.2. where the court887finds the offense involved unclothed genitals or genital area;888f. For any attempt or conspiracy to commit any such889offense; or890g. For a violation of similar law of another jurisdiction,891may petition the criminal division of the circuit court of the892circuit in which the sexual offender resides for the purpose of893removing the requirement for registration as a sexual offender.894 2. A sexual offender whose requirement to register was 895 based upon an adult conviction for a violation of s. 787.02 or 896 s. 827.071(5), for any attempt or conspiracy to commit any 897 offense listed in this subparagraph, or for a violation of 898 similar law of another jurisdiction, may petition the criminal 899 division of the circuit court of the circuit in which the sexual 900 offender resides for the purpose of removing the requirement for 901 registration as a sexual offender if: 902 a. Fifteen years have elapsed since the sexual offender’s 903 registration period for the most recent conviction that required 904 the offender to register began; 905 b. The sexual offender has not been convicted or 906 adjudicated delinquent of any felony offense or of an offense 907 punishable by more than 1 year of imprisonment during the 10 908 years preceding the petition to the court; 909 c. The sexual offender has successfully completed all 910 sanctions imposed for all offenses that required the offender to 911 register; and 912 d. For sexual offenders whose requirement to register is 913 based upon a conviction in another state, the sexual offender is 914 not required to register as a sexual offender pursuant to the 915 laws of the state where the conviction occurred. Such an 916 offender must provide the court written confirmation that he or 917 she is not required to register in the state where the 918 conviction occurred. 919 3. A sexual offender required to register under sub 920 subparagraph (1)(a)1.d. may petition the criminal division of 921 the circuit court of the circuit in which the sexual offender 922 resides for the purpose of removing the requirement for 923 registration as a sexual offender if: 924 a. Twenty-five years have elapsed since the sexual 925 offender’s registration period for the most recent adjudication 926 that required the offender to register began; 927 b. The sexual offender has not been convicted or 928 adjudicated delinquent of any felony offense or of an offense 929 punishable by more than 1 year of imprisonment during the 25 930 years preceding the petition to the court; and 931 c. The sexual offender has successfully completed all 932 sanctions imposed for any offense that required the offender to 933 register. 934 4.2.The court may grant or deny relief if the offender 935 demonstrates to the court thathe or she has not been arrested936for any crime since release;the requested relief complies with 937 this paragraph,the provisions ofthe federal Adam Walsh Child 938 Protection and Safety Act of 2006, and any other federal 939 standards applicable to the removal of registration requirements 940 for a sexual offender or required to be met as a condition for 941 the receipt of federal funds by the state; and the court is 942 otherwise satisfied that the offender is not a current or 943 potential threat to public safety. The state attorney in the 944 circuit in which the petition is filed and the department must 945 be given notice of the petition at least 3 weeks before the 946 hearing on the matter. The state attorney may present evidence 947 in opposition to the requested relief or may otherwise 948 demonstrate the reasons why the petition should be denied. If 949 the court grants the petition, the court shall instruct the 950 petitioner to provide the department with a certified copy of 951 the order granting relief. If the court denies the petition, the 952 court may set a future date at which the sexual offender may 953 again petition the court for relief, subject to the standards 954 for relief provided in this subsection. 955 5.3.The department shall remove an offender from 956 classification as a sexual offender for purposes of registration 957 if the offender provides to the department a certified copy of 958 the court’s written findings or order that indicates that the 959 offender is no longer required to comply with the requirements 960 for registration as a sexual offender. 961 6. For purposes of this paragraph: 962 a. The registration period of a sexual offender sentenced 963 to a term of incarceration or committed to a residential program 964 begins upon the offender’s release from incarceration or 965 commitment for the most recent conviction that required the 966 offender to register. 967 b. A sexual offender’s registration period is tolled during 968 any period in which the offender is incarcerated, civilly 969 committed, detained pursuant to chapter 985, or committed to a 970 residential program. 971 (b) A sexual offender as defined in sub-subparagraph 972 (1)(a)1.b. must maintain registration with the department for 973 the duration of his or her life until the person provides the 974 department with an order issued by the court that designated the 975 person as a sexual predator, as a sexually violent predator, or 976 by another sexual offender designation in the state or 977 jurisdiction in which the order was issued which states that 978 such designation has been removed or demonstrates to the 979 department that such designation, if not imposed by a court, has 980 been removed by operation of law or court order in the state or 981 jurisdiction in which the designation was made, and provided 982 such person no longer meets the criteria for registration as a 983 sexual offender under the laws of this state. 984 (14) 985 (c) The sheriff’s office may determine the appropriate 986 times and days for reporting by the sexual offender, which shall 987 be consistent with the reporting requirements of this 988 subsection. Reregistration shall include any changes to the 989 following information: 990 1. Name; social security number; age; race; sex; date of 991 birth; height; weight; hair and eye color; address of any 992 permanent residence and address of any current temporary 993 residence, within the state or out of state, including a rural 994 route address and a post office box; if no permanent or 995 temporary address, any transient residence within the state; 996 address, location or description, and dates of any current or 997 known future temporary residence within the state or out of 998 state;anyelectronic mail addresses or Internet identifiers 999address and any instant message namerequired to be provided 1000 pursuant to paragraph (4)(d); home telephone numbers ornumber1001and anycellular telephone numbersnumber; date and place of any 1002 employment; thevehiclemake, model, color, registration number, 1003 and license tag number of any vehicles owned; fingerprints; palm 1004 prints; and photograph. A post office box mayshallnot be 1005 provided in lieu of a physical residential address. The sexual 1006 offender must also produce his or her passport, if he or she has 1007 a passport, and, if he or she is an alien, must produce or 1008 provide information about documents establishing his or her 1009 immigration status. The sexual offender must also provide 1010 information about any professional licenses he or she may have. 1011 2. If the sexual offender is enrolled, volunteering, 1012 employed, or carrying on a vocation at an institution of higher 1013 education in this state, the sexual offender shall also provide 1014 to the department the name, address, and county of each 1015 institution, including each campus attended, and the sexual 1016 offender’s enrollment, volunteer, or employment status. 1017 3. If the sexual offender’s place of residence is a motor 1018 vehicle, trailer, mobile home, or manufactured home, as defined 1019 in chapter 320, the sexual offender shall also provide the 1020 vehicle identification number; the license tag number; the 1021 registration number; and a description, including color scheme, 1022 of the motor vehicle, trailer, mobile home, or manufactured 1023 home. If the sexual offender’s place of residence is a vessel, 1024 live-aboard vessel, or houseboat, as defined in chapter 327, the 1025 sexual offender shall also provide the hull identification 1026 number; the manufacturer’s serial number; the name of the 1027 vessel, live-aboard vessel, or houseboat; the registration 1028 number; and a description, including color scheme, of the 1029 vessel, live-aboard vessel or houseboat. 1030 4. Any sexual offender who fails to report in person as 1031 required at the sheriff’s office,orwho fails to respond to any 1032 address verification correspondence from the department within 3 1033 weeks of the date of the correspondence,orwho fails to report 1034 all electronic mail addresses and all Internet identifiers prior 1035 to useor instant message names, or who knowingly provides false 1036 registration information by act or omission commits a felony of 1037 the third degree, punishable as provided in s. 775.082, s. 1038 775.083, or s. 775.084. 1039 Section 6. Section 943.04351, Florida Statutes, is amended 1040 to read: 1041 943.04351 Search of registration information regarding 1042 sexual predators and sexual offenders required prior to 1043 appointment or employment.—A state agency or governmental 1044 subdivision, prior to making any decision to appoint or employ a 1045 person to work, whether for compensation or as a volunteer, at 1046 any park, playground, day care center, or other place where 1047 children regularly congregate, must conduct a search of that 1048 person’s name or other identifying information against the 1049 registration information regarding sexual predators and sexual 1050 offenders maintained by the Department of Law Enforcement under 1051 s. 943.043. The agency or governmental subdivision may conduct 1052 the search using the Internet site maintained by the Department 1053 of Law Enforcement. Also, a national search must be conducted 1054 through the Dru Sjodin National Sex Offender Public Website 1055 maintained by the United States Department of Justice. This 1056 section does not apply to those positions or appointments within 1057 a state agency or governmental subdivision for which a state and 1058 national criminal history background check is conducted. 1059 Section 7. Section 943.04354, Florida Statutes, is amended 1060 to read: 1061 943.04354 Removal of the requirement to register as a 1062 sexual offender or sexual predator in special circumstances.— 1063 (1) For purposes of this section, a person shall be 1064 considered for removal of the requirement to register as a 1065 sexual offender or sexual predator only if the person: 1066 (a) Wasor will beconvicted, regardless of adjudication, 1067 or adjudicated delinquent of a violation of s. 794.011, s. 1068 800.04, s. 827.071, or s. 847.0135(5), or a similar offense in 1069 another jurisdiction,or the person committed a violation of s.1070794.011, s.800.04, s.827.071, or s.847.0135(5) for which1071adjudication of guilt was or will be withheld,and the person 1072 does not have any other conviction, regardless of adjudication, 1073 or adjudication of delinquency, or withhold of adjudication of1074guiltfor a violation of s. 794.011, s. 800.04, s. 827.071, or 1075 s. 847.0135(5), or a similar offense in another jurisdiction; 1076 (b)1. Was convicted, regardless of adjudication, or 1077 adjudicated delinquent of an offense listed in paragraph (a) and 1078 is required to register as a sexual offender or sexual predator 1079 solely on the basis of this conviction or adjudication 1080violation; orand1081 2. Was convicted, regardless of adjudication, or 1082 adjudicated delinquent of an offense in another jurisdiction 1083 that is similar to an offense listed in paragraph (a) and no 1084 longer meets the criteria for registration as a sexual offender 1085 or sexual predator under the laws of the jurisdiction where the 1086 similar offense occurred; and 1087 (c) Is not more than 4 years older than the victim of this 1088 violation who was 1314years of age or older but lessnot more1089 than 1817years of age at the time the person committed this 1090 violation. 1091 (2) If a person meets the criteria in subsection (1)and1092the violation of s.794.011, s.800.04, s.827.071, or s.1093847.0135(5) was committed on or after July 1, 2007, the person 1094 may move the criminal court of the circuit in which the offense 1095 occurred or the sentencing court or, for persons convicted or 1096 adjudicated delinquent of a qualifying offense in another 1097 jurisdiction, the criminal circuit court of the circuit in which 1098 the person residesthat will sentence or dispose of this1099violationto remove the requirement that the person register as 1100 a sexual offender or sexual predator. The person must allege in 1101 the motion that he or she meets the criteria in subsection (1) 1102 and that removal of the registration requirement will not 1103 conflict with federal law. Persons convicted or adjudicated 1104 delinquent of an offense in another jurisdiction that is similar 1105 to an offense listed in paragraph (1)(a) must provide the court 1106 written confirmation that he or she is not required to register 1107 in the state where the conviction or adjudication occurred. The 1108 state attorney and the department must be given notice of the 1109 motion at least 21 days before the date of sentencing,or1110 disposition of thethisviolation, or hearing on the motion and 1111 may present evidence in opposition to the requested relief or 1112 may otherwise demonstrate why the motion should be denied. At 1113 sentencing,ordisposition of thethisviolation, or hearing on 1114 the motion, the court shall rule on this motion and, if the 1115 court determines the person meets the criteria in subsection (1) 1116 and the removal of the registration requirement will not 1117 conflict with federal law, it may grant the motion and order the 1118 removal of the registration requirement. The court shall 1119 instruct the person to provide the department a certified copy 1120 of the order granting relief. If the court denies the motion, 1121 the person is not authorized under this section to file another 1122 motionpetitionfor removal of the registration requirement. 1123(3)(a) This subsection applies to a person who:11241. Is not a person described in subsection (2) because the1125violation of s.794.011, s.800.04, or s.827.071was not1126committed on or after July 1, 2007;11272. Is subject to registration as a sexual offender or1128sexual predator for a violation of s.794.011, s.800.04, or s.1129827.071; and11303. Meets the criteria in subsection (1).1131(b) A person may petition the court in which the sentence1132or disposition for the violation of s.794.011, s.800.04, or s.1133827.071occurred for removal of the requirement to register as a1134sexual offender or sexual predator. The person must allege in1135the petition that he or she meets the criteria in subsection (1)1136and removal of the registration requirement will not conflict1137with federal law. The state attorney must be given notice of the1138petition at least 21 days before the hearing on the petition and1139may present evidence in opposition to the requested relief or1140may otherwise demonstrate why the petition should be denied. The1141court shall rule on the petition and, if the court determines1142the person meets the criteria in subsection (1) and removal of1143the registration requirement will not conflict with federal law,1144it may grant the petition and order the removal of the1145registration requirement. If the court denies the petition, the1146person is not authorized under this section to file any further1147petition for removal of the registration requirement.1148 (3)(4)If a person provides to the Department of Law 1149 Enforcement a certified copy of the court’s order removing the 1150 requirement that the person register as a sexual offender or 1151 sexual predator for the violation of s. 794.011, s. 800.04, s. 1152 827.071, or s. 847.0135(5), or a similar offense in another 1153 jurisdiction, the registration requirement will not apply to the 1154 person and the department shall remove all information about the 1155 person from the public registry of sexual offenders and sexual 1156 predators maintained by the department. However, the removal of 1157 this information from the public registry does not mean that the 1158 public is denied access to information about the person’s 1159 criminal history or record that is otherwise available as a 1160 public record. 1161 Section 8. Subsection (2) and paragraph (a) of subsection 1162 (3) of section 943.0437, Florida Statutes, are amended to read: 1163 943.0437 Commercial social networking websites.— 1164 (2) The department may provide information relating to 1165 electronic mail addresses and Internet identifiersinstant1166message namesmaintained as part of the sexual offender registry 1167 to commercial social networking websites or third parties 1168 designated by commercial social networking websites. The 1169 commercial social networking website may use this information 1170 for the purpose of comparing registered users and screening 1171 potential users of the commercial social networking website 1172 against the list of electronic mail addresses and Internet 1173 identifiersinstant message namesprovided by the department. 1174 (3) This section shall not be construed to impose any civil 1175 liability on a commercial social networking website for: 1176 (a) Any action voluntarily taken in good faith to remove or 1177 disable any profile of a registered user associated with an 1178 electronic mail address or Internet identifierinstant message1179namecontained in the sexual offender registry. 1180 Section 9. Paragraphs (b) and (d) of subsection (1) and 1181 paragraph (a) of subsection (3) of section 944.606, Florida 1182 Statutes, are amended to read: 1183 944.606 Sexual offenders; notification upon release.— 1184 (1) As used in this section: 1185 (b) “Sexual offender” means a person who has been convicted 1186 of committing, or attempting, soliciting, or conspiring to 1187 commit, any of the criminal offenses proscribed in the following 1188 statutes in this state or similar offenses in another 1189 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 1190 787.02, or s. 787.025(2)(c), where the victim is a minor and the 1191 defendant is not the victim’s parent or guardian; s. 1192 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s. 1193 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 1194 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 1195 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 1196 s. 916.1075(2); or s. 985.701(1); or any similar offense 1197 committed in this state which has been redesignated from a 1198 former statute number to one of those listed in this subsection, 1199 when the department has received verified information regarding 1200 such conviction; an offender’s computerized criminal history 1201 record is not, in and of itself, verified information. 1202 (d) “Internet identifierInstant message name” has the same 1203 meaning as provided in s. 775.21means an identifier that allows1204a person to communicate in real time with another person using1205the Internet. 1206 (3)(a) The department must provide information regarding 1207 any sexual offender who is being released after serving a period 1208 of incarceration for any offense, as follows: 1209 1. The department must provide: the sexual offender’s name, 1210 any change in the offender’s name by reason of marriage or other 1211 legal process, and any alias, if known; the correctional 1212 facility from which the sexual offender is released; the sexual 1213 offender’s social security number, race, sex, date of birth, 1214 height, weight, and hair and eye color; address of any planned 1215 permanent residence or temporary residence, within the state or 1216 out of state, including a rural route address and a post office 1217 box; if no permanent or temporary address, any transient 1218 residence within the state; address, location or description, 1219 and dates of any known future temporary residence within the 1220 state or out of state; date and county of sentence and each 1221 crime for which the offender was sentenced; a copy of the 1222 offender’s fingerprints, palm prints, and a digitized photograph 1223 taken within 60 days before release; the date of release of the 1224 sexual offender; allanyelectronic mail addressesaddressand 1225 all Internet identifiersany instant message namerequired to be 1226 provided pursuant to s. 943.0435(4)(d); allandhome telephone 1227 numbersnumberandanycellular telephone numbers; information 1228 about any professional licenses the offender may have, if known; 1229 and passport information, if he or she has a passport, and, if 1230 he or she is an alien, information about documents establishing 1231 his or her immigration statusnumber. The department shall 1232 notify the Department of Law Enforcement if the sexual offender 1233 escapes, absconds, or dies. If the sexual offender is in the 1234 custody of a private correctional facility, the facility shall 1235 take the digitized photograph of the sexual offender within 60 1236 days before the sexual offender’s release and provide this 1237 photograph to the Department of Corrections and also place it in 1238 the sexual offender’s file. If the sexual offender is in the 1239 custody of a local jail, the custodian of the local jail shall 1240 register the offender within 3 business days after intake of the 1241 offender for any reason and upon release, and shall notify the 1242 Department of Law Enforcement of the sexual offender’s release 1243 and provide to the Department of Law Enforcement the information 1244 specified in this paragraph and any information specified in 1245 subparagraph 2. that the Department of Law Enforcement requests. 1246 2. The department may provide any other information deemed 1247 necessary, including criminal and corrections records, 1248 nonprivileged personnel and treatment records, when available. 1249 Section 10. Paragraphs (a) and (f) of subsection (1), 1250 subsection (4), and paragraph (c) of subsection (13) of section 1251 944.607, Florida Statutes, are amended to read: 1252 944.607 Notification to Department of Law Enforcement of 1253 information on sexual offenders.— 1254 (1) As used in this section, the term: 1255 (a) “Sexual offender” means a person who is in the custody 1256 or control of, or under the supervision of, the department or is 1257 in the custody of a private correctional facility: 1258 1. On or after October 1, 1997, as a result of a conviction 1259 for committing, or attempting, soliciting, or conspiring to 1260 commit, any of the criminal offenses proscribed in the following 1261 statutes in this state or similar offenses in another 1262 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 1263 787.02, or s. 787.025(2)(c), where the victim is a minor and the 1264 defendant is not the victim’s parent or guardian; s. 1265 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s. 1266 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 1267 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 1268 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 1269 s. 916.1075(2); or s. 985.701(1); or any similar offense 1270 committed in this state which has been redesignated from a 1271 former statute number to one of those listed in this paragraph; 1272 or 1273 2. Who establishes or maintains a residence in this state 1274 and who has not been designated as a sexual predator by a court 1275 of this state but who has been designated as a sexual predator, 1276 as a sexually violent predator, or by another sexual offender 1277 designation in another state or jurisdiction and was, as a 1278 result of such designation, subjected to registration or 1279 community or public notification, or both, or would be if the 1280 person were a resident of that state or jurisdiction, without 1281 regard as to whether the person otherwise meets the criteria for 1282 registration as a sexual offender. 1283 (f) “Internet identifierInstant message name” has the same 1284 meaning as provided in s. 775.21means an identifier that allows1285a person to communicate in real time with another person using1286the Internet. 1287 (4) A sexual offender, as described in this section, who is 1288 under the supervision of the Department of Corrections but is 1289 not incarcerated must register with the Department of 1290 Corrections within 3 business days after sentencing for a 1291 registrable offense and otherwise provide information as 1292 required by this subsection. 1293 (a) The sexual offender shall provide his or her name; date 1294 of birth; social security number; race; sex; height; weight; 1295 hair and eye color; tattoos or other identifying marks; allany1296 electronic mail addressesaddressand all Internet identifiers 1297any instant message namerequired to be provided pursuant to s. 1298 943.0435(4)(d); all home telephone numbers and cellular 1299 telephone numbers; the make, model, color, registration number, 1300 and license tag number of all vehicles owned; permanent or legal 1301 residence and address of temporary residence within the state or 1302 out of state while the sexual offender is under supervision in 1303 this state, including any rural route address or post office 1304 box; if no permanent or temporary address, any transient 1305 residence within the state; and address, location or 1306 description, and dates of any current or known future temporary 1307 residence within the state or out of state. The sexual offender 1308 must also produce his or her passport, if he or she has a 1309 passport, and, if he or she is an alien, must produce or provide 1310 information about documents establishing his or her immigration 1311 status. The sexual offender must also provide information about 1312 any professional licenses he or she may have. The Department of 1313 Corrections shall verify the address of each sexual offender in 1314 the manner described in ss. 775.21 and 943.0435. The department 1315 shall report to the Department of Law Enforcement any failure by 1316 a sexual predator or sexual offender to comply with registration 1317 requirements. 1318 (b) If the sexual offender is enrolled, employed, 1319 volunteering, or carrying on a vocation at an institution of 1320 higher education in this state, the sexual offender shall 1321 provide the name, address, and county of each institution, 1322 including each campus attended, and the sexual offender’s 1323 enrollment, volunteer, or employment status. Each change in 1324 enrollment, volunteer, or employment status shall be reported to 1325 the department within 48 hours after the change in status. The 1326 Department of Corrections shall promptly notify each institution 1327 of the sexual offender’s presence and any change in the sexual 1328 offender’s enrollment, volunteer, or employment status. 1329 (13) 1330 (c) The sheriff’s office may determine the appropriate 1331 times and days for reporting by the sexual offender, which shall 1332 be consistent with the reporting requirements of this 1333 subsection. Reregistration shall include any changes to the 1334 following information: 1335 1. Name; social security number; age; race; sex; date of 1336 birth; height; weight; hair and eye color; address of any 1337 permanent residence and address of any current temporary 1338 residence, within the state or out of state, including a rural 1339 route address and a post office box; if no permanent or 1340 temporary address, any transient residence; address, location or 1341 description, and dates of any current or known future temporary 1342 residence within the state or out of state;anyelectronic mail 1343 addresses or Internet identifiersaddress and any instant1344message namerequired to be provided pursuant to s. 1345 943.0435(4)(d); home telephone numbers or cellular telephone 1346 numbers; date and place of any employment; thevehiclemake, 1347 model, color, registration number, and license tag number of any 1348 vehicles owned; fingerprints; palm prints; and photograph. A 1349 post office box shall not be provided in lieu of a physical 1350 residential address. The sexual offender must also produce his 1351 or her passport, if he or she has a passport, and, if he or she 1352 is an alien, must produce or provide information about documents 1353 establishing his or her immigration status. The sexual offender 1354 must also provide information about any professional licenses he 1355 or she may have. 1356 2. If the sexual offender is enrolled, employed, 1357 volunteering, or carrying on a vocation at an institution of 1358 higher education in this state, the sexual offender shall also 1359 provide to the department the name, address, and county of each 1360 institution, including each campus attended, and the sexual 1361 offender’s enrollment, volunteer, or employment status. 1362 3. If the sexual offender’s place of residence is a motor 1363 vehicle, trailer, mobile home, or manufactured home, as defined 1364 in chapter 320, the sexual offender shall also provide the 1365 vehicle identification number; the license tag number; the 1366 registration number; and a description, including color scheme, 1367 of the motor vehicle, trailer, mobile home, or manufactured 1368 home. If the sexual offender’s place of residence is a vessel, 1369 live-aboard vessel, or houseboat, as defined in chapter 327, the 1370 sexual offender shall also provide the hull identification 1371 number; the manufacturer’s serial number; the name of the 1372 vessel, live-aboard vessel, or houseboat; the registration 1373 number; and a description, including color scheme, of the 1374 vessel, live-aboard vessel or houseboat. 1375 4. Any sexual offender who fails to report in person as 1376 required at the sheriff’s office,orwho fails to respond to any 1377 address verification correspondence from the department within 3 1378 weeks of the date of the correspondence,orwho fails to report 1379 all electronic mail addresses or Internet identifiers prior to 1380 useor instant message names, or who knowingly provides false 1381 registration information by act or omission commits a felony of 1382 the third degree, punishable as provided in s. 775.082, s. 1383 775.083, or s. 775.084. 1384 Section 11. Subsection (11) of section 947.005, Florida 1385 Statutes, is amended to read: 1386 947.005 Definitions.—As used in this chapter, unless the 1387 context clearly indicates otherwise: 1388 (11) “Risk assessment” means an assessment completed by a 1389an independentqualified practitioner to evaluate the level of 1390 risk associated when a sex offender has contact with a child. 1391 Section 12. Section 948.31, Florida Statutes, is amended to 1392 read: 1393 948.31 Evaluation and treatment of sexual predators and 1394 offenders on probation or community control.—The court mayshall1395 requirean evaluation by a qualified practitioner to determine1396the need of a probationer or community controllee for treatment.1397If the court determines that a need therefor is established by1398the evaluation process, the court shall require sexual offender1399treatment as a term or condition of probation or community1400control forany probationer or community controlleepersonwho 1401 is required to register as a sexual predator under s. 775.21 or 1402 sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to 1403 undergo an evaluation, at the probationer or community 1404 controllee’s expense, by a qualified practitioner to determine 1405 whether such person needs sexual offender treatment. If the 1406 qualified practitioner determines that sexual offender treatment 1407 is needed and recommends treatment, the probationer or community 1408 controllee must successfully complete and pay for the treatment. 1409 Such treatment mustshall be required tobe obtained from a 1410 qualified practitioner as defined in s. 948.001. Treatment may 1411 not be administered by a qualified practitioner who has been 1412 convicted or adjudicated delinquent of committing, or 1413 attempting, soliciting, or conspiring to commit, any offense 1414 that is listed in s. 943.0435(1)(a)1.a.(I).The court shall1415impose a restriction against contact with minors if sexual1416offender treatment is recommended. The evaluation and1417recommendations for treatment of the probationer or community1418controllee shall be provided to the court for review.1419 Section 13. Paragraph (a) of subsection (3) of section 1420 985.481, Florida Statutes, is amended to read: 1421 985.481 Sexual offenders adjudicated delinquent; 1422 notification upon release.— 1423 (3)(a) The department must provide information regarding 1424 any sexual offender who is being released after serving a period 1425 of residential commitment under the department for any offense, 1426 as follows: 1427 1. The department must provide the sexual offender’s name, 1428 any change in the offender’s name by reason of marriage or other 1429 legal process, and any alias, if known; the correctional 1430 facility from which the sexual offender is released; the sexual 1431 offender’s social security number, race, sex, date of birth, 1432 height, weight, and hair and eye color; the make, model, color, 1433 registration number, and license tag number of all vehicles 1434 owned, if known; address of any planned permanent residence or 1435 temporary residence, within the state or out of state, including 1436 a rural route address and a post office box; if no permanent or 1437 temporary address, any transient residence within the state; 1438 address, location or description, and dates of any known future 1439 temporary residence within the state or out of state; date and 1440 county of disposition and each crime for which there was a 1441 disposition; a copy of the offender’s fingerprints and a 1442 digitized photograph taken within 60 days before release; the 1443 date of release of the sexual offender; allandhome telephone 1444 numbersnumberandanycellular telephone numbers; information 1445 about any professional licenses the offender may have, if known; 1446 and passport information, if he or she has a passport, and, if 1447 he or she is an alien, information about documents establishing 1448 his or her immigration statusnumber. The department shall 1449 notify the Department of Law Enforcement if the sexual offender 1450 escapes, absconds, or dies. If the sexual offender is in the 1451 custody of a private correctional facility, the facility shall 1452 take the digitized photograph of the sexual offender within 60 1453 days before the sexual offender’s release and also place it in 1454 the sexual offender’s file. If the sexual offender is in the 1455 custody of a local jail, the custodian of the local jail shall 1456 register the offender within 3 business days after intake of the 1457 offender for any reason and upon release, and shall notify the 1458 Department of Law Enforcement of the sexual offender’s release 1459 and provide to the Department of Law Enforcement the information 1460 specified in this subparagraph and any information specified in 1461 subparagraph 2. which the Department of Law Enforcement 1462 requests. 1463 2. The department may provide any other information 1464 considered necessary, including criminal and delinquency 1465 records, when available. 1466 Section 14. Subsection (4) and paragraph (b) of subsection 1467 (13) of section 985.4815, Florida Statutes, are amended to read: 1468 985.4815 Notification to Department of Law Enforcement of 1469 information on juvenile sexual offenders.— 1470 (4) A sexual offender, as described in this section, who is 1471 under the supervision of the department but who is not committed 1472 must register with the department within 3 business days after 1473 adjudication and disposition for a registrable offense and 1474 otherwise provide information as required by this subsection. 1475 (a) The sexual offender shall provide his or her name; date 1476 of birth; social security number; race; sex; height; weight; 1477 hair and eye color; tattoos or other identifying marks; the 1478 make, model, color, registration number, and license tag number 1479 of all vehicles owned; permanent or legal residence and address 1480 of temporary residence within the state or out of state while 1481 the sexual offender is in the care or custody or under the 1482 jurisdiction or supervision of the department in this state, 1483 including any rural route address or post office box; if no 1484 permanent or temporary address, any transient residence; 1485 address, location or description, and dates of any current or 1486 known future temporary residence within the state or out of 1487 state; and the name and address of each school attended. The 1488 sexual offender must also produce his or her passport, if he or 1489 she has a passport, and, if he or she is an alien, must produce 1490 or provide information about documents establishing his or her 1491 immigration status. The offender must also provide information 1492 about any professional licenses he or she may have. The 1493 department shall verify the address of each sexual offender and 1494 shall report to the Department of Law Enforcement any failure by 1495 a sexual offender to comply with registration requirements. 1496 (b) If the sexual offender is enrolled, employed, 1497 volunteering, or carrying on a vocation at an institution of 1498 higher education in this state, the sexual offender shall 1499 provide the name, address, and county of each institution, 1500 including each campus attended, and the sexual offender’s 1501 enrollment, volunteer, or employment status. Each change in 1502 enrollment, volunteer, or employment status shall be reported to 1503 the department within 48 hours after the change in status. The 1504 department shall promptly notify each institution of the sexual 1505 offender’s presence and any change in the sexual offender’s 1506 enrollment, volunteer, or employment status. 1507 (13) 1508 (b) The sheriff’s office may determine the appropriate 1509 times and days for reporting by the sexual offender, which shall 1510 be consistent with the reporting requirements of this 1511 subsection. Reregistration shall include any changes to the 1512 following information: 1513 1. Name; social security number; age; race; sex; date of 1514 birth; height; weight; hair and eye color; fingerprints; palm 1515 prints; address of any permanent residence and address of any 1516 current temporary residence, within the state or out of state, 1517 including a rural route address and a post office box; if no 1518 permanent or temporary address, any transient residence; 1519 address, location or description, and dates of any current or 1520 known future temporary residence within the state or out of 1521 state; passport information, if he or she has a passport, and, 1522 if he or she is an alien, information about documents 1523 establishing his or her immigration status; name and address of 1524 each school attended; date and place of any employment; the 1525vehiclemake, model, color, registration number, and license tag 1526 number of all vehicles owned;fingerprints;and photograph. A 1527 post office box shall not be provided in lieu of a physical 1528 residential address. The offender must also provide information 1529 about any professional licenses he or she may have. 1530 2. If the sexual offender is enrolled, employed, 1531 volunteering, or carrying on a vocation at an institution of 1532 higher education in this state, the sexual offender shall also 1533 provide to the department the name, address, and county of each 1534 institution, including each campus attended, and the sexual 1535 offender’s enrollment, volunteer, or employment status. 1536 3. If the sexual offender’s place of residence is a motor 1537 vehicle, trailer, mobile home, or manufactured home, as defined 1538 in chapter 320, the sexual offender shall also provide the 1539 vehicle identification number; the license tag number; the 1540 registration number; and a description, including color scheme, 1541 of the motor vehicle, trailer, mobile home, or manufactured 1542 home. If the sexual offender’s place of residence is a vessel, 1543 live-aboard vessel, or houseboat, as defined in chapter 327, the 1544 sexual offender shall also provide the hull identification 1545 number; the manufacturer’s serial number; the name of the 1546 vessel, live-aboard vessel, or houseboat; the registration 1547 number; and a description, including color scheme, of the 1548 vessel, live-aboard vessel, or houseboat. 1549 4. Any sexual offender who fails to report in person as 1550 required at the sheriff’s office,orwho fails to respond to any 1551 address verification correspondence from the department within 3 1552 weeks after the date of the correspondence, or who knowingly 1553 provides false registration information by act or omission 1554 commits a felony of the third degree, punishable as provided in 1555 ss. 775.082, 775.083, and 775.084. 1556 Section 15. Paragraphs (g) and (i) of subsection (3) of 1557 section 921.0022, Florida Statutes, are amended to read: 1558 921.0022 Criminal Punishment Code; offense severity ranking 1559 chart.— 1560 (3) OFFENSE SEVERITY RANKING CHART 1561 (g) LEVEL 7 1562 FloridaStatute FelonyDegree Description 1563 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene. 1564 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 1565 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. 1566 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 1567 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 1568 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 1569 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 1570 456.065(2) 3rd Practicing a health care profession without a license. 1571 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 1572 458.327(1) 3rd Practicing medicine without a license. 1573 459.013(1) 3rd Practicing osteopathic medicine without a license. 1574 460.411(1) 3rd Practicing chiropractic medicine without a license. 1575 461.012(1) 3rd Practicing podiatric medicine without a license. 1576 462.17 3rd Practicing naturopathy without a license. 1577 463.015(1) 3rd Practicing optometry without a license. 1578 464.016(1) 3rd Practicing nursing without a license. 1579 465.015(2) 3rd Practicing pharmacy without a license. 1580 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 1581 467.201 3rd Practicing midwifery without a license. 1582 468.366 3rd Delivering respiratory care services without a license. 1583 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 1584 483.901(9) 3rd Practicing medical physics without a license. 1585 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 1586 484.053 3rd Dispensing hearing aids without a license. 1587 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. 1588 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. 1589 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 1590 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 1591 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driverdriver’slicense or identification card; other registration violations. 1592 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 1593 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 1594 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 1595 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 1596 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). 1597 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 1598 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 1599 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 1600 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 1601 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 1602 784.048(7) 3rd Aggravated stalking; violation of court order. 1603 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 1604 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 1605 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 1606 784.081(1) 1st Aggravated battery on specified official or employee. 1607 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 1608 784.083(1) 1st Aggravated battery on code inspector. 1609 787.06(3)(a) 1st Human trafficking using coercion for labor and services. 1610 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state. 1611 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 1612 790.16(1) 1st Discharge of a machine gun under specified circumstances. 1613 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 1614 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 1615 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 1616 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 1617 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 1618 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. 1619 796.03 2nd Procuring any person under 1816years for prostitution. 1620 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. 1621 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. 1622 806.01(2) 2nd Maliciously damage structure by fire or explosive. 1623 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 1624 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 1625 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 1626 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 1627 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. 1628 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 1629 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 1630 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 1631 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 1632 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 1633 812.131(2)(a) 2nd Robbery by sudden snatching. 1634 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 1635 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 1636 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 1637 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 1638 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. 1639 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 1640 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. 1641 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 1642 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 1643 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 1644 838.015 2nd Bribery. 1645 838.016 2nd Unlawful compensation or reward for official behavior. 1646 838.021(3)(a) 2nd Unlawful harm to a public servant. 1647 838.22 2nd Bid tampering. 1648 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 1649 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 1650 872.06 2nd Abuse of a dead human body. 1651 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 1652 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. 1653 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. 1654 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). 1655 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 1656 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 1657 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 1658 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams. 1659 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. 1660 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams. 1661 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 1662 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 1663 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 1664 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 1665 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 1666 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 1667 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 1668 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 1669 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 1670 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 1671 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1672 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 1673 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 1674 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1675 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1676 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 1677 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1678 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1679 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 1680 (i) LEVEL 9 1681 FloridaStatute FelonyDegree Description 1682 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information. 1683 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information. 1684 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more. 1685 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. 1686 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. 1687 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. 1688 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution. 1689 775.0844 1st Aggravated white collar crime. 1690 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder. 1691 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies. 1692 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). 1693 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult. 1694 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage. 1695 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony. 1696 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function. 1697 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. 1698 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien. 1699 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18. 1700 787.06(4) 1st Selling or buying of minors into human trafficking. 1701 790.161 1st Attempted capital destructive device offense. 1702 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction. 1703 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age. 1704 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. 1705 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances. 1706 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. 1707 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age. 1708 796.035 1st Selling or buying of minors into prostitution. 1709 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. 1710 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon. 1711 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon. 1712 812.135(2)(b) 1st Home-invasion robbery with weapon. 1713 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. 1714 827.03(2)(a) 1st Aggravated child abuse. 1715 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor. 1716 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor. 1717 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. 1718 893.135 1st Attempted capital trafficking offense. 1719 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs. 1720 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms. 1721 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. 1722 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams. 1723 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms. 1724 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams. 1725 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. 1726 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more. 1727 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more. 1728 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000. 1729 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. 1730 Section 16. This act shall take effect October 1, 2013.