Bill Text: FL S1226 | 2018 | Regular Session | Comm Sub
Bill Title: Sentencing for Sexual Offenders and Sexual Predators
Spectrum:
Status: (Introduced - Dead) 2018-03-08 - Laid on Table, refer to CS/HB 1301 [S1226 Detail]
Download: Florida-2018-S1226-Comm_Sub.html
Florida Senate - 2018 CS for SB 1226 By the Committee on Criminal Justice; and Senators Book and Hutson 591-02892-18 20181226c1 1 A bill to be entitled 2 An act relating to sentencing for sexual offenders and 3 sexual predators; amending s. 775.21, F.S.; redefining 4 the terms “permanent residence,” “temporary 5 residence,” and “transient residence” by decreasing 6 the amount of days a person abides, lodges, or resides 7 in a certain place to qualify for that type of 8 residency category; revising existing criminal 9 penalties for sexual predators to require mandatory 10 minimum terms of community control with electronic 11 monitoring for first, second, and third and subsequent 12 felony violations if the court does not impose a 13 prison sentence; amending s. 943.0435, F.S.; revising 14 existing criminal penalties for sexual offenders to 15 require mandatory minimum terms of community control 16 with electronic monitoring for first, second, and 17 third and subsequent felony violations if the court 18 does not impose a prison sentence; reenacting s. 19 775.25, F.S., relating to prosecutions for certain 20 acts or omissions, to incorporate the amendments made 21 to ss. 775.21 and 943.0435, F.S., in references 22 thereto; reenacting ss. 944.606(1)(d), 985.481(1)(d), 23 and 985.4815(1)(f), F.S., relating to sexual offenders 24 and required notifications upon release, sexual 25 offenders adjudicated delinquent and required 26 notifications upon release, and notification to the 27 Department of Law Enforcement of information on 28 juvenile sexual offenders, respectively, to 29 incorporate the amendment made to s. 775.21, F.S., in 30 references thereto; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Paragraphs (k), (n), and (o) of subsection (2) 35 and subsection (10) of section 775.21, Florida Statutes, are 36 amended, and paragraph (d) of subsection (5) and paragraphs (g) 37 and (i) of subsection (6) of that section are republished, to 38 read: 39 775.21 The Florida Sexual Predators Act.— 40 (2) DEFINITIONS.—As used in this section, the term: 41 (k) “Permanent residence” means a place where the person 42 abides, lodges, or resides for 35or more consecutive days. 43 (n) “Temporary residence” means a place where the person 44 abides, lodges, or resides, including, but not limited to, 45 vacation, business, or personal travel destinations in or out of 46 this state, for a period of 35or more days in the aggregate 47 during any calendar year and which is not the person’s permanent 48 address or, for a person whose permanent residence is not in 49 this state, a place where the person is employed, practices a 50 vocation, or is enrolled as a student for any period of time in 51 this state. 52 (o) “Transient residence” means a county where a person 53 lives, remains, or is located for a period of 35or more days 54 in the aggregate during a calendar year and which is not the 55 person’s permanent or temporary address. The term includes, but 56 is not limited to, a place where the person sleeps or seeks 57 shelter and a location that has no specific street address. 58 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated 59 as a sexual predator as follows: 60 (d) A person who establishes or maintains a residence in 61 this state and who has not been designated as a sexual predator 62 by a court of this state but who has been designated as a sexual 63 predator, as a sexually violent predator, or by another sexual 64 offender designation in another state or jurisdiction and was, 65 as a result of such designation, subjected to registration or 66 community or public notification, or both, or would be if the 67 person was a resident of that state or jurisdiction, without 68 regard to whether the person otherwise meets the criteria for 69 registration as a sexual offender, shall register in the manner 70 provided in s. 943.0435 or s. 944.607 and shall be subject to 71 community and public notification as provided in s. 943.0435 or 72 s. 944.607. A person who meets the criteria of this section is 73 subject to the requirements and penalty provisions of s. 74 943.0435 or s. 944.607 until the person provides the department 75 with an order issued by the court that designated the person as 76 a sexual predator, as a sexually violent predator, or by another 77 sexual offender designation in the state or jurisdiction in 78 which the order was issued which states that such designation 79 has been removed or demonstrates to the department that such 80 designation, if not imposed by a court, has been removed by 81 operation of law or court order in the state or jurisdiction in 82 which the designation was made, and provided such person no 83 longer meets the criteria for registration as a sexual offender 84 under the laws of this state. 85 (6) REGISTRATION.— 86 (g)1. Each time a sexual predator’s driver license or 87 identification card is subject to renewal, and, without regard 88 to the status of the predator’s driver license or identification 89 card, within 48 hours after any change of the predator’s 90 residence or change in the predator’s name by reason of marriage 91 or other legal process, the predator shall report in person to a 92 driver license office and is subject to the requirements 93 specified in paragraph (f). The Department of Highway Safety and 94 Motor Vehicles shall forward to the department and to the 95 Department of Corrections all photographs and information 96 provided by sexual predators. Notwithstanding the restrictions 97 set forth in s. 322.142, the Department of Highway Safety and 98 Motor Vehicles may release a reproduction of a color-photograph 99 or digital-image license to the Department of Law Enforcement 100 for purposes of public notification of sexual predators as 101 provided in this section. A sexual predator who is unable to 102 secure or update a driver license or an identification card with 103 the Department of Highway Safety and Motor Vehicles as provided 104 in paragraph (f) and this paragraph shall also report any change 105 of the predator’s residence or change in the predator’s name by 106 reason of marriage or other legal process within 48 hours after 107 the change to the sheriff’s office in the county where the 108 predator resides or is located and provide confirmation that he 109 or she reported such information to the Department of Highway 110 Safety and Motor Vehicles. The reporting requirements under this 111 subparagraph do not negate the requirement for a sexual predator 112 to obtain a Florida driver license or identification card as 113 required by this section. 114 2.a. A sexual predator who vacates a permanent, temporary, 115 or transient residence and fails to establish or maintain 116 another permanent, temporary, or transient residence shall, 117 within 48 hours after vacating the permanent, temporary, or 118 transient residence, report in person to the sheriff’s office of 119 the county in which he or she is located. The sexual predator 120 shall specify the date upon which he or she intends to or did 121 vacate such residence. The sexual predator shall provide or 122 update all of the registration information required under 123 paragraph (a). The sexual predator shall provide an address for 124 the residence or other place that he or she is or will be 125 located during the time in which he or she fails to establish or 126 maintain a permanent or temporary residence. 127 b. A sexual predator shall report in person at the 128 sheriff’s office in the county in which he or she is located 129 within 48 hours after establishing a transient residence and 130 thereafter must report in person every 30 days to the sheriff’s 131 office in the county in which he or she is located while 132 maintaining a transient residence. The sexual predator must 133 provide the addresses and locations where he or she maintains a 134 transient residence. Each sheriff’s office shall establish 135 procedures for reporting transient residence information and 136 provide notice to transient registrants to report transient 137 residence information as required in this sub-subparagraph. 138 Reporting to the sheriff’s office as required by this sub 139 subparagraph does not exempt registrants from any reregistration 140 requirement. The sheriff may coordinate and enter into 141 agreements with police departments and other governmental 142 entities to facilitate additional reporting sites for transient 143 residence registration required in this sub-subparagraph. The 144 sheriff’s office shall, within 2 business days, electronically 145 submit and update all information provided by the sexual 146 predator to the department. 147 3. A sexual predator who remains at a permanent, temporary, 148 or transient residence after reporting his or her intent to 149 vacate such residence shall, within 48 hours after the date upon 150 which the predator indicated he or she would or did vacate such 151 residence, report in person to the sheriff’s office to which he 152 or she reported pursuant to subparagraph 2. for the purpose of 153 reporting his or her address at such residence. When the sheriff 154 receives the report, the sheriff shall promptly convey the 155 information to the department. An offender who makes a report as 156 required under subparagraph 2. but fails to make a report as 157 required under this subparagraph commits a felony of the second 158 degree, punishable as provided in s. 775.082, s. 775.083, or s. 159 775.084. 160 4. The failure of a sexual predator who maintains a 161 transient residence to report in person to the sheriff’s office 162 every 30 days as required by sub-subparagraph 2.b. is punishable 163 as provided in subsection (10). 164 5.a. A sexual predator shall register all electronic mail 165 addresses and Internet identifiers, and each Internet 166 identifier’s corresponding website homepage or application 167 software name, with the department through the department’s 168 online system or in person at the sheriff’s office within 48 169 hours after using such electronic mail addresses and Internet 170 identifiers. If the sexual predator is in the custody or 171 control, or under the supervision, of the Department of 172 Corrections, he or she must report all electronic mail addresses 173 and Internet identifiers, and each Internet identifier’s 174 corresponding website homepage or application software name, to 175 the Department of Corrections before using such electronic mail 176 addresses or Internet identifiers. If the sexual predator is in 177 the custody or control, or under the supervision, of the 178 Department of Juvenile Justice, he or she must report all 179 electronic mail addresses and Internet identifiers, and each 180 Internet identifier’s corresponding website homepage or 181 application software name, to the Department of Juvenile Justice 182 before using such electronic mail addresses or Internet 183 identifiers. 184 b. A sexual predator shall register all changes to home 185 telephone numbers and cellular telephone numbers, including 186 added and deleted numbers, all changes to employment 187 information, and all changes in status related to enrollment, 188 volunteering, or employment at institutions of higher education, 189 through the department’s online system; in person at the 190 sheriff’s office; in person at the Department of Corrections if 191 the sexual predator is in the custody or control, or under the 192 supervision, of the Department of Corrections; or in person at 193 the Department of Juvenile Justice if the sexual predator is in 194 the custody or control, or under the supervision, of the 195 Department of Juvenile Justice. All changes required to be 196 reported in this sub-subparagraph shall be reported within 48 197 hours after the change. 198 c. The department shall establish an online system through 199 which sexual predators may securely access, submit, and update 200 all electronic mail addresses; Internet identifiers and each 201 Internet identifier’s corresponding website homepage or 202 application software name; home telephone numbers and cellular 203 telephone numbers; employment information; and institution of 204 higher education information. 205 (i) A sexual predator who intends to establish a permanent, 206 temporary, or transient residence in another state or 207 jurisdiction other than the State of Florida shall report in 208 person to the sheriff of the county of current residence within 209 48 hours before the date he or she intends to leave this state 210 to establish residence in another state or jurisdiction or at 211 least 21 days before the date he or she intends to travel if the 212 intended residence of 5 days or more is outside of the United 213 States. Any travel that is not known by the sexual predator 21 214 days before the departure date must be reported to the sheriff’s 215 office as soon as possible before departure. The sexual predator 216 shall provide to the sheriff the address, municipality, county, 217 state, and country of intended residence. For international 218 travel, the sexual predator shall also provide travel 219 information, including, but not limited to, expected departure 220 and return dates, flight number, airport of departure, cruise 221 port of departure, or any other means of intended travel. The 222 sheriff shall promptly provide to the department the information 223 received from the sexual predator. The department shall notify 224 the statewide law enforcement agency, or a comparable agency, in 225 the intended state, jurisdiction, or country of residence of the 226 sexual predator’s intended residence. The failure of a sexual 227 predator to provide his or her intended place of residence is 228 punishable as provided in subsection (10). 229 (10) PENALTIES.— 230 (a) Except as otherwise specifically provided, a sexual 231 predator who fails to register; who fails, after registration, 232 to maintain, acquire, or renew a driver license or an 233 identification card; who fails to provide required location 234 information; who fails to provide electronic mail addresses, 235 Internet identifiers, and each Internet identifier’s 236 corresponding website homepage or application software name; who 237 fails to provide all home telephone numbers and cellular 238 telephone numbers, employment information, change in status at 239 an institution of higher education, or change-of-name 240 information; who fails to make a required report in connection 241 with vacating a permanent residence; who fails to reregister as 242 required; who fails to respond to any address verification 243 correspondence from the department within 3 weeks of the date of 244 the correspondence; who knowingly provides false registration 245 information by act or omission; or who otherwise fails, by act 246 or omission, to comply with the requirements of this section 247 commits a felony of the third degree, punishable as provided in 248 s. 775.082, s. 775.083, or s. 775.084. 249 (b) A sexual predator who has been convicted of or found to 250 have committed, or has pled nolo contendere or guilty to, 251 regardless of adjudication, any violation, or attempted 252 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where 253 the victim is a minor; s. 794.011, excluding s. 794.011(10); s. 254 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 255 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s. 256 985.701(1); or a violation of a similar law of another 257 jurisdiction when the victim of the offense was a minor, and who 258 works, whether for compensation or as a volunteer, at any 259 business, school, child care facility, park, playground, or 260 other place where children regularly congregate, commits a 261 felony of the third degree, punishable as provided in s. 262 775.082, s. 775.083, or s. 775.084. 263 (c) For a felony violation of this section, excluding 264 paragraph (10)(g), committed on or after July 1, 2018, if the 265 court does not impose a prison sentence, the court shall impose 266 a mandatory minimum term of community control, as defined in s. 267 948.001, as follows: 268 1. For a first offense, a mandatory minimum term of 6 269 months of community control with electronic monitoring. 270 2. For a second offense, a mandatory minimum term of 1 year 271 of community control with electronic monitoring. 272 3. For a third or subsequent offense, a mandatory minimum 273 term of 2 years of community control with electronic monitoring. 274 (d)(c)Any person who misuses public records information 275 relating to a sexual predator, as defined in this section, or a 276 sexual offender, as defined in s. 943.0435 or s. 944.607, to 277 secure a payment from such a predator or offender; who knowingly 278 distributes or publishes false information relating to such a 279 predator or offender which the person misrepresents as being 280 public records information; or who materially alters public 281 records information with the intent to misrepresent the 282 information, including documents, summaries of public records 283 information provided by law enforcement agencies, or public 284 records information displayed by law enforcement agencies on 285 websites or provided through other means of communication, 286 commits a misdemeanor of the first degree, punishable as 287 provided in s. 775.082 or s. 775.083. 288 (e)(d)A sexual predator who commits any act or omission in 289 violation of this section may be prosecuted for the act or 290 omission in the county in which the act or omission was 291 committed, in the county of the last registered address of the 292 sexual predator, in the county in which the conviction occurred 293 for the offense or offenses that meet the criteria for 294 designating a person as a sexual predator, in the county where 295 the sexual predator was released from incarceration, or in the 296 county of the intended address of the sexual predator as 297 reported by the predator prior to his or her release from 298 incarceration. In addition, a sexual predator may be prosecuted 299 for any such act or omission in the county in which he or she 300 was designated a sexual predator. 301 (f)(e)An arrest on charges of failure to register, the 302 service of an information or a complaint for a violation of this 303 section, or an arraignment on charges for a violation of this 304 section constitutes actual notice of the duty to register when 305 the predator has been provided and advised of his or her 306 statutory obligation to register under subsection (6). A sexual 307 predator’s failure to immediately register as required by this 308 section following such arrest, service, or arraignment 309 constitutes grounds for a subsequent charge of failure to 310 register. A sexual predator charged with the crime of failure to 311 register who asserts, or intends to assert, a lack of notice of 312 the duty to register as a defense to a charge of failure to 313 register shall immediately register as required by this section. 314 A sexual predator who is charged with a subsequent failure to 315 register may not assert the defense of a lack of notice of the 316 duty to register. 317(f)Registration following such arrest, service, or 318 arraignment is not a defense and does not relieve the sexual 319 predator of criminal liability for the failure to register. 320 (g) Any person who has reason to believe that a sexual 321 predator is not complying, or has not complied, with the 322 requirements of this section and who, with the intent to assist 323 the sexual predator in eluding a law enforcement agency that is 324 seeking to find the sexual predator to question the sexual 325 predator about, or to arrest the sexual predator for, his or her 326 noncompliance with the requirements of this section: 327 1. Withholds information from, or does not notify, the law 328 enforcement agency about the sexual predator’s noncompliance 329 with the requirements of this section, and, if known, the 330 whereabouts of the sexual predator; 331 2. Harbors, or attempts to harbor, or assists another 332 person in harboring or attempting to harbor, the sexual 333 predator; 334 3. Conceals or attempts to conceal, or assists another 335 person in concealing or attempting to conceal, the sexual 336 predator; or 337 4. Provides information to the law enforcement agency 338 regarding the sexual predator which the person knows to be false 339 information, 340 341 commits a felony of the third degree, punishable as provided in 342 s. 775.082, s. 775.083, or s. 775.084. This paragraph does not 343 apply if the sexual predator is incarcerated in or is in the 344 custody of a state correctional facility, a private correctional 345 facility, a local jail, or a federal correctional facility. 346 Section 2. Subsection (9) of section 943.0435, Florida 347 Statutes, is amended, and paragraph (f) of subsection (1), 348 paragraph (d) of subsection (4), and subsection (7) of that 349 section are republished, to read: 350 943.0435 Sexual offenders required to register with the 351 department; penalty.— 352 (1) As used in this section, the term: 353 (f) “Permanent residence,” “temporary residence,” and 354 “transient residence” have the same meaning as provided in s. 355 775.21. 356 (4) 357 (d) The failure of a sexual offender who maintains a 358 transient residence to report in person to the sheriff’s office 359 every 30 days as required in subparagraph (b)2. is punishable as 360 provided in subsection (9). 361 (7) A sexual offender who intends to establish a permanent, 362 temporary, or transient residence in another state or 363 jurisdiction other than the State of Florida shall report in 364 person to the sheriff of the county of current residence within 365 48 hours before the date he or she intends to leave this state 366 to establish residence in another state or jurisdiction or at 367 least 21 days before the date he or she intends to travel if the 368 intended residence of 5 days or more is outside of the United 369 States. Any travel that is not known by the sexual offender 21 370 days before the departure date must be reported in person to the 371 sheriff’s office as soon as possible before departure. The 372 sexual offender shall provide to the sheriff the address, 373 municipality, county, state, and country of intended residence. 374 For international travel, the sexual offender shall also provide 375 travel information, including, but not limited to, expected 376 departure and return dates, flight number, airport of departure, 377 cruise port of departure, or any other means of intended travel. 378 The sheriff shall promptly provide to the department the 379 information received from the sexual offender. The department 380 shall notify the statewide law enforcement agency, or a 381 comparable agency, in the intended state, jurisdiction, or 382 country of residence of the sexual offender’s intended 383 residence. The failure of a sexual offender to provide his or 384 her intended place of residence is punishable as provided in 385 subsection (9). 386 (9)(a) Except as otherwise specifically provided, a sexual 387 offender who does not comply with the requirements of this 388 section commits a felony of the third degree, punishable as 389 provided in s. 775.082, s. 775.083, or s. 775.084. 390 (b) For a felony violation of this section, excluding 391 subsection (13), committed on or after July 1, 2018, if the 392 court does not impose a prison sentence, the court shall impose 393 a mandatory minimum term of community control, as defined in s. 394 948.001, as follows: 395 1. For a first offense, a mandatory minimum term of 6 396 months of community control with electronic monitoring. 397 2. For a second offense, a mandatory minimum term of 1 year 398 of community control with electronic monitoring. 399 3. For a third or subsequent offense, a mandatory minimum 400 term of 2 years of community control with electronic monitoring. 401 (c)(b)A sexual offender who commits any act or omission in 402 violation of this section may be prosecuted for the act or 403 omission in the county in which the act or omission was 404 committed, in the county of the last registered address of the 405 sexual offender, in the county in which the conviction occurred 406 for the offense or offenses that meet the criteria for 407 designating a person as a sexual offender, in the county where 408 the sexual offender was released from incarceration, or in the 409 county of the intended address of the sexual offender as 410 reported by the offender prior to his or her release from 411 incarceration. 412 (d)(c)An arrest on charges of failure to register when the 413 offender has been provided and advised of his or her statutory 414 obligations to register under subsection (2), the service of an 415 information or a complaint for a violation of this section, or 416 an arraignment on charges for a violation of this section 417 constitutes actual notice of the duty to register. A sexual 418 offender’s failure to immediately register as required by this 419 section following such arrest, service, or arraignment 420 constitutes grounds for a subsequent charge of failure to 421 register. A sexual offender charged with the crime of failure to 422 register who asserts, or intends to assert, a lack of notice of 423 the duty to register as a defense to a charge of failure to 424 register shall immediately register as required by this section. 425 A sexual offender who is charged with a subsequent failure to 426 register may not assert the defense of a lack of notice of the 427 duty to register. 428(d)Registration following such arrest, service, or 429 arraignment is not a defense and does not relieve the sexual 430 offender of criminal liability for the failure to register. 431 Section 3. For the purpose of incorporating the amendments 432 made by this act to sections 775.21 and 943.0435, Florida 433 Statutes, in references thereto, section 775.25, Florida 434 Statutes, is reenacted to read: 435 775.25 Prosecutions for acts or omissions.—A sexual 436 predator or sexual offender who commits any act or omission in 437 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 438 944.607, or former s. 947.177 may be prosecuted for the act or 439 omission in the county in which the act or omission was 440 committed, in the county of the last registered address of the 441 sexual predator or sexual offender, in the county in which the 442 conviction occurred for the offense or offenses that meet the 443 criteria for designating a person as a sexual predator or sexual 444 offender, in the county where the sexual predator or sexual 445 offender was released from incarceration, or in the county of 446 the intended address of the sexual predator or sexual offender 447 as reported by the predator or offender prior to his or her 448 release from incarceration. In addition, a sexual predator may 449 be prosecuted for any such act or omission in the county in 450 which he or she was designated a sexual predator. 451 Section 4. For the purpose of incorporating the amendment 452 made by this act to section 775.21, Florida Statutes, in a 453 reference thereto, paragraph (d) of subsection (1) of section 454 944.606, Florida Statutes, is reenacted to read: 455 944.606 Sexual offenders; notification upon release.— 456 (1) As used in this section, the term: 457 (d) “Permanent residence,” “temporary residence,” and 458 “transient residence” have the same meaning as provided in s. 459 775.21. 460 Section 5. For the purpose of incorporating the amendment 461 made by this act to section 775.21, Florida Statutes, in a 462 reference thereto, paragraph (d) of subsection (1) of section 463 985.481, Florida Statutes, is reenacted to read: 464 985.481 Sexual offenders adjudicated delinquent; 465 notification upon release.— 466 (1) As used in this section: 467 (d) “Permanent residence,” “temporary residence,” and 468 “transient residence” have the same meaning as provided in s. 469 775.21. 470 Section 6. For the purpose of incorporating the amendment 471 made by this act to section 775.21, Florida Statutes, in a 472 reference thereto, paragraph (f) of subsection (1) of section 473 985.4815, Florida Statutes, is reenacted to read: 474 985.4815 Notification to Department of Law Enforcement of 475 information on juvenile sexual offenders.— 476 (1) As used in this section, the term: 477 (f) “Permanent residence,” “temporary residence,” and 478 “transient residence” have the same meaning as provided in s. 479 775.21. 480 Section 7. This act shall take effect July 1, 2018.