Bill Text: FL S1662 | 2016 | Regular Session | Engrossed
Bill Title: Sexual Offenders
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2016-03-04 - Laid on Table, companion bill(s) passed, see CS/HB 1333 (Ch. 2016-104) [S1662 Detail]
Download: Florida-2016-S1662-Engrossed.html
CS for SB 1662 First Engrossed 20161662e1 1 A bill to be entitled 2 An act relating to sexual offenders; amending s. 3 775.21, F.S.; revising definitions; revising the 4 criteria for a felony offense for which an offender is 5 designated as a sexual predator; expanding the 6 criteria by removing a requirement that the defendant 7 not be the victim’s parent or guardian; revising the 8 information that a sexual predator is required to 9 provide to specified entities under certain 10 circumstances; revising registration and verification 11 requirements imposed upon a sexual predator; 12 conforming provisions to changes made by the act; 13 amending s. 856.022, F.S.; revising the criteria for 14 loitering or prowling by certain offenders; expanding 15 the criteria by removing a requirement that the 16 offender not be the victim’s parent or guardian; 17 making technical changes; amending s. 943.0435, F.S.; 18 revising definitions; revising the reporting and 19 registering requirements imposed upon a sexual 20 offender to conform provisions to changes made by the 21 act; deleting provisions of applicability; amending s. 22 943.04354, F.S.; modifying the list of offenses for 23 which a sexual offender or sexual predator must be 24 considered by the department for removal from 25 registration requirements; deleting from the list a 26 conviction or adjudication of delinquency for sexual 27 battery; specifying the appropriate venue for a 28 defendant to move the circuit court to remove the 29 requirement to register as a sexual offender or sexual 30 predator; amending s. 944.606, F.S.; revising 31 definitions; revising the information that the 32 Department of Law Enforcement is required to provide 33 about a sexual offender upon his or her release from 34 incarceration; conforming provisions to changes made 35 by the act; amending s. 944.607, F.S.; revising 36 definitions; conforming provisions to changes made by 37 the act; amending s. 985.481, F.S.; revising 38 definitions; conforming provisions to changes made by 39 the act; amending s. 985.4815, F.S.; revising 40 definitions; revising the reporting and registering 41 requirements imposed upon a sexual offender to conform 42 provisions to changes made by the act; amending ss. 43 92.55, 775.0862, 943.0515, 947.1405, 948.30, 948.31, 44 1012.315, and 1012.467, F.S.; conforming cross 45 references; reenacting s. 938.085, F.S., relating to 46 additional costs to fund rape crisis centers, to 47 incorporate the amendment made to s. 775.21, F.S., in 48 a reference thereto; reenacting s. 794.056(1), F.S., 49 relating to the Rape Crisis Program Trust Fund, to 50 incorporate the amendments made to ss. 775.21 and 51 943.0435, F.S., in references thereto; reenacting s. 52 921.0022(3)(g), F.S., relating to level 7 of the 53 offense severity ranking chart of the Criminal 54 Punishment Code, to incorporate the amendments made to 55 ss. 775.21, 943.0435, 944.607, and 985.4815, F.S., in 56 references thereto; reenacting s. 985.04(6)(b), F.S., 57 relating to confidential information, to incorporate 58 the amendments made to ss. 775.21, 943.0435, 944.606, 59 944.607, 985.481, and 985.4815, F.S., in references 60 thereto; reenacting ss. 322.141(3) and (4), 948.06(4), 61 and 948.063, F.S., relating to color or markings of 62 certain licenses or identification cards, probation or 63 community control, and violations of probation or 64 community control by designated sexual offenders and 65 sexual predators, respectively, to incorporate the 66 amendments made to ss. 775.21, 943.0435, and 944.607, 67 F.S., in references thereto; reenacting s. 68 944.607(10)(c), F.S., relating to notification to the 69 Department of Law Enforcement of information on sexual 70 offenders, to incorporate the amendment made to s. 71 943.0435, F.S., in a reference thereto; reenacting ss. 72 397.4872(2) and 435.07(4)(b), F.S., relating to 73 exemptions from disqualification, to incorporate the 74 amendment made to s. 943.04354, F.S., in references 75 thereto; reenacting s. 775.25, F.S., relating to 76 prosecutions for acts or omissions, to incorporate the 77 amendments made to ss. 944.606 and 944.607, F.S., in 78 references thereto; reenacting ss. 775.24(2) and 79 944.608(7), F.S., relating to duty of the court to 80 uphold laws governing sexual predators and sexual 81 offenders and notification to the Department of Law 82 Enforcement of information on career offenders, 83 respectively, to incorporate the amendment made to s. 84 944.607, F.S., in references thereto; providing an 85 effective date. 86 87 Be It Enacted by the Legislature of the State of Florida: 88 89 Section 1. Subsection (2), paragraph (a) of subsection (4), 90 paragraphs (a), (e), (f), (g), and (i) of subsection (6), 91 paragraph (a) of subsection (8), and paragraphs (a) and (b) of 92 subsection (10) of section 775.21, Florida Statutes, are 93 amended, and paragraphs (c) and (d) of subsection (4), 94 paragraphs (a) and (b) of subsection (5), and paragraphs (c) and 95 (e) of subsection (10) of that section are republished, to read: 96 775.21 The Florida Sexual Predators Act.— 97 (2) DEFINITIONS.—As used in this section, the term: 98 (a) “Change inenrollment or employmentstatus at an 99 institution of higher education” means the commencement or 100 termination of enrollment, including, but not limited to, 101 traditional classroom settings or online courses, or employment, 102 whether for compensation or as a volunteer, at an institution of 103 higher education or a change in location of enrollment or 104 employment, whether for compensation or as a volunteer, at an 105 institution of higher education. 106 (b) “Chief of police” means the chief law enforcement 107 officer of a municipality. 108 (c) “Child care facility” has the same meaning as provided 109 in s. 402.302. 110 (d) “Community” means any county where the sexual predator 111 lives or otherwise establishes or maintains a permanent, 112 temporary, or transientpermanentresidence. 113 (e) “Conviction” means a determination of guilt which is 114 the result of a trial or the entry of a plea of guilty or nolo 115 contendere, regardless of whether adjudication is withheld. A 116 conviction for a similar offense includes, but is not limited 117 to, a conviction by a federal or military tribunal, including 118 courts-martial conducted by the Armed Forces of the United 119 States, and includes a conviction or entry of a plea of guilty 120 or nolo contendere resulting in a sanction in any state of the 121 United States or other jurisdiction. A sanction includes, but is 122 not limited to, a fine, probation, community control, parole, 123 conditional release, control release, or incarceration in a 124 state prison, federal prison, private correctional facility, or 125 local detention facility. 126 (f) “Department” means the Department of Law Enforcement. 127 (g) “Electronic mail address” has the same meaning as 128 provided in s. 668.602. 129 (h) “Entering the county” includes being discharged from a 130 correctional facility or jail or secure treatment facility 131 within the county or being under supervision within the county 132 for the commission of a violation enumerated in subsection (4). 133 (i) “Institution of higher education” means a career 134 center, a community college, a college, a state university, or 135 an independent postsecondary institution. 136 (j)(i)“Internet identifier” includes, but is not limited 137 to, all website uniform resource locators (URLs) and application 138 software, whether mobile or nonmobile, used for Internet 139 communication, including anonymous communication, throughmeans140allelectronic mail, chat, instant messagesmessenger, social 141 networking, social gaming, or other similar programs and all 142 corresponding usernames, logins, screen names, and screen 143 identifiers associated with each URL or application software. 144 Internet identifierapplication software,or similar names used145for Internet communication, butdoes not include a date of 146 birth, Social Security number,orpersonal identification number 147 (PIN), URL, or application software used for utility, banking, 148 retail, or medical purposes. Voluntary disclosure by a sexual 149 predator or sexual offender of his or her date of birth, Social 150 Security number, or PIN as an Internet identifier waives the 151 disclosure exemption in this paragraph for such personal 152 information. 153(j) “Institution of higher education” means a career154center, community college, college, state university, or155independent postsecondary institution.156 (k) “Permanent residence” means a place where the person 157 abides, lodges, or resides for 5 or more consecutive days. 158 (l) “Professional license” means the document of 159 authorization or certification issued by an agency of this state 160 for a regulatory purpose, or by any similar agency in another 161 jurisdiction for a regulatory purpose, to a person to engage in 162 an occupation or to carry out a trade or business. 163 (m)(l)“Temporary residence” means a place where the person 164 abides, lodges, or resides, including, but not limited to, 165 vacation, business, or personal travel destinations in or out of 166 this state, for a period of 5 or more days in the aggregate 167 during any calendar year and which is not the person’s permanent 168 address or, for a person whose permanent residence is not in 169 this state, a place where the person is employed, practices a 170 vocation, or is enrolled as a student for any period of time in 171 this state. 172 (n)(m)“Transient residence” means a county where a person 173 lives, remains, or is located for a period of 5 or more days in 174 the aggregate during a calendar year and which is not the 175 person’s permanent or temporary address. The term includes, but 176 is not limited to, a place where the person sleeps or seeks 177 shelter and a location that has no specific street address. 178 (o)(n)“Vehicles owned” means any motor vehicle as defined 179 in s. 320.01, which is registered, coregistered, leased, titled, 180 or rented by a sexual predator or sexual offender; a rented 181 vehicle that a sexual predator or sexual offender is authorized 182 to drive; or a vehicle for which a sexual predator or sexual 183 offender is insured as a driver. The term also includes any 184 motor vehicle as defined in s. 320.01, which is registered, 185 coregistered, leased, titled, or rented by a person or persons 186 residing at a sexual predator’s or sexual offender’s permanent 187 residence for 5 or more consecutive days. 188 (4) SEXUAL PREDATOR CRITERIA.— 189 (a) For a current offense committed on or after October 1, 190 1993, upon conviction, an offender shall be designated as a 191 “sexual predator” under subsection (5), and subject to 192 registration under subsection (6) and community and public 193 notification under subsection (7) if: 194 1. The felony is: 195 a. A capital, life, or first degree felony violation, or 196 any attempt thereof, of s. 787.01 or s. 787.02, where the victim 197 is a minorand the defendant is not the victim’s parent or198guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a 199 violation of a similar law of another jurisdiction; or 200 b. Any felony violation, or any attempt thereof, of s. 201 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 202 787.025(2)(c), where the victim is a minorand the defendant is203not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f), 204 or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 205 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 206 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0135, 207 excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2); or s. 208 985.701(1); or a violation of a similar law of another 209 jurisdiction, and the offender has previously been convicted of 210 or found to have committed, or has pled nolo contendere or 211 guilty to, regardless of adjudication, any violation of s. 212 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 213 787.025(2)(c), where the victim is a minorand the defendant is214not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f), 215 or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 216 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 217 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 218 excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2); or s. 219 985.701(1); or a violation of a similar law of another 220 jurisdiction; 221 2. The offender has not received a pardon for any felony or 222 similar law of another jurisdiction that is necessary for the 223 operation of this paragraph; and 224 3. A conviction of a felony or similar law of another 225 jurisdiction necessary to the operation of this paragraph has 226 not been set aside in any postconviction proceeding. 227 (c) If an offender has been registered as a sexual predator 228 by the Department of Corrections, the department, or any other 229 law enforcement agency and if: 230 1. The court did not, for whatever reason, make a written 231 finding at the time of sentencing that the offender was a sexual 232 predator; or 233 2. The offender was administratively registered as a sexual 234 predator because the Department of Corrections, the department, 235 or any other law enforcement agency obtained information that 236 indicated that the offender met the criteria for designation as 237 a sexual predator based on a violation of a similar law in 238 another jurisdiction, 239 240 the department shall remove that offender from the department’s 241 list of sexual predators and, for an offender described under 242 subparagraph 1., shall notify the state attorney who prosecuted 243 the offense that met the criteria for administrative designation 244 as a sexual predator, and, for an offender described under this 245 paragraph, shall notify the state attorney of the county where 246 the offender establishes or maintains a permanent, temporary, or 247 transient residence. The state attorney shall bring the matter 248 to the court’s attention in order to establish that the offender 249 meets the criteria for designation as a sexual predator. If the 250 court makes a written finding that the offender is a sexual 251 predator, the offender must be designated as a sexual predator, 252 must register or be registered as a sexual predator with the 253 department as provided in subsection (6), and is subject to the 254 community and public notification as provided in subsection (7). 255 If the court does not make a written finding that the offender 256 is a sexual predator, the offender may not be designated as a 257 sexual predator with respect to that offense and is not required 258 to register or be registered as a sexual predator with the 259 department. 260 (d) An offender who has been determined to be a sexually 261 violent predator pursuant to a civil commitment proceeding under 262 chapter 394 shall be designated as a “sexual predator” under 263 subsection (5) and subject to registration under subsection (6) 264 and community and public notification under subsection (7). 265 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated 266 as a sexual predator as follows: 267 (a)1. An offender who meets the sexual predator criteria 268 described in paragraph (4)(d) is a sexual predator, and the 269 court shall make a written finding at the time such offender is 270 determined to be a sexually violent predator under chapter 394 271 that such person meets the criteria for designation as a sexual 272 predator for purposes of this section. The clerk shall transmit 273 a copy of the order containing the written finding to the 274 department within 48 hours after the entry of the order; 275 2. An offender who meets the sexual predator criteria 276 described in paragraph (4)(a) who is before the court for 277 sentencing for a current offense committed on or after October 278 1, 1993, is a sexual predator, and the sentencing court must 279 make a written finding at the time of sentencing that the 280 offender is a sexual predator, and the clerk of the court shall 281 transmit a copy of the order containing the written finding to 282 the department within 48 hours after the entry of the order; or 283 3. If the Department of Corrections, the department, or any 284 other law enforcement agency obtains information which indicates 285 that an offender who establishes or maintains a permanent, 286 temporary, or transient residence in this state meets the sexual 287 predator criteria described in paragraph (4)(a) or paragraph 288 (4)(d) because the offender was civilly committed or committed a 289 similar violation in another jurisdiction on or after October 1, 290 1993, the Department of Corrections, the department, or the law 291 enforcement agency shall notify the state attorney of the county 292 where the offender establishes or maintains a permanent, 293 temporary, or transient residence of the offender’s presence in 294 the community. The state attorney shall file a petition with the 295 criminal division of the circuit court for the purpose of 296 holding a hearing to determine if the offender’s criminal record 297 or record of civil commitment from another jurisdiction meets 298 the sexual predator criteria. If the court finds that the 299 offender meets the sexual predator criteria because the offender 300 has violated a similar law or similar laws in another 301 jurisdiction, the court shall make a written finding that the 302 offender is a sexual predator. 303 304 When the court makes a written finding that an offender is a 305 sexual predator, the court shall inform the sexual predator of 306 the registration and community and public notification 307 requirements described in this section. Within 48 hours after 308 the court designating an offender as a sexual predator, the 309 clerk of the circuit court shall transmit a copy of the court’s 310 written sexual predator finding to the department. If the 311 offender is sentenced to a term of imprisonment or supervision, 312 a copy of the court’s written sexual predator finding must be 313 submitted to the Department of Corrections. 314 (b) If a sexual predator is not sentenced to a term of 315 imprisonment, the clerk of the court shall ensure that the 316 sexual predator’s fingerprints are taken and forwarded to the 317 department within 48 hours after the court renders its written 318 sexual predator finding. The fingerprints shall be clearly 319 marked, “Sexual Predator Registration.” The clerk of the court 320 that convicts and sentences the sexual predator for the offense 321 or offenses described in subsection (4) shall forward to the 322 department and to the Department of Corrections a certified copy 323 of any order entered by the court imposing any special condition 324 or restriction on the sexual predator that restricts or 325 prohibits access to the victim, if the victim is a minor, or to 326 other minors. 327 (6) REGISTRATION.— 328 (a) A sexual predator shall register with the department 329 through the sheriff’s office by providing the following 330 information to the department: 331 1. Name; social security number; age; race; sex; date of 332 birth; height; weight; tattoos or other identifying marks; hair 333 and eye color; photograph; address of legal residence and 334 address of any current temporary residence, within the state or 335 out of state, including a rural route address and a post office 336 box; if no permanent or temporary address, any transient 337 residence within the state; address, location or description, 338 and dates of any current or known future temporary residence 339 within the state or out of state; all electronic mail addresses 340 and all Internet identifiers required to be provided pursuant to 341 subparagraph (g)5.; all home telephone numbers and cellular 342 telephone numbers required to be provided pursuant to 343 subparagraph (g)5.;date and place of anyemployment information 344 required to be provided pursuant to subparagraph (g)5.; the 345 make, model, color, vehicle identification number (VIN), and 346 license tag number of all vehicles owned; date and place of each 347 conviction; fingerprints; palm prints; and a brief description 348 of the crime or crimes committed by the offender. A post office 349 box may not be provided in lieu of a physical residential 350 address. The sexual predator shall produce his or her passport, 351 if he or she has a passport, and, if he or she is an alien, 352 shall produce or provide information about documents 353 establishing his or her immigration status. The sexual predator 354 shall also provide information about any professional licenses 355 he or she has. 356 a. If the sexual predator’s place of residence is a motor 357 vehicle, trailer, mobile home, or manufactured home, as defined 358 in chapter 320, the sexual predator shall also provide to the 359 department written notice of the vehicle identification number; 360 the license tag number; the registration number; and a 361 description, including color scheme, of the motor vehicle, 362 trailer, mobile home, or manufactured home. If a sexual 363 predator’s place of residence is a vessel, live-aboard vessel, 364 or houseboat, as defined in chapter 327, the sexual predator 365 shall also provide to the department written notice of the hull 366 identification number; the manufacturer’s serial number; the 367 name of the vessel, live-aboard vessel, or houseboat; the 368 registration number; and a description, including color scheme, 369 of the vessel, live-aboard vessel, or houseboat. 370 b. If the sexual predator is enrolled or,employed, whether 371 for compensation or as a volunteervolunteering,or carrying on372a vocationat an institution of higher education in this state, 373 the sexual predator shall also provide to the department 374 pursuant to subparagraph (g)5. the name, address, and county of 375 each institution, including each campus attended, and the sexual 376 predator’s enrollment, volunteer, or employment status.Each377change in enrollment, volunteer, or employment status must be378reported in person at the sheriff’s office, or the Department of379Corrections if the sexual predator is in the custody or control380of or under the supervision of the Department of Corrections,381within 48 hours after any change in status.The sheriff,orthe 382 Department of Corrections, or the Department of Juvenile Justice 383 shall promptly notify each institution of higher education of 384 the sexual predator’s presence and any change in the sexual 385 predator’s enrollment, volunteer, or employment status. 386 c. A sexual predator shall report in person to the 387 sheriff’s office within 48 hours after any change in vehicles 388 owned to report those vehicle information changes. 389 2. Any other information determined necessary by the 390 department, including criminal and corrections records; 391 nonprivileged personnel and treatment records; and evidentiary 392 genetic markers when available. 393 (e)1. If the sexual predator is not in the custody or 394 control of, or under the supervision of, the Department of 395 Corrections or is not in the custody of a private correctional 396 facility, the sexual predator shall register in person: 397 a. At the sheriff’s office in the county where he or she 398 establishes or maintains a residence within 48 hours after 399 establishing or maintaining a residence in this state; and 400 b. At the sheriff’s office in the county where he or she 401 was designated a sexual predator by the court within 48 hours 402 after such finding is made. 403 2. Any change in the sexual predator’s permanent,or404 temporary, or transient residence;,name;,vehicles owned;,405 electronic mail addresses;, orInternet identifiers; home 406 telephone numbers and cellular telephone numbers; and employment 407 information and any change in status at an institution of higher 408 education, required to be provided pursuant to subparagraph 409 (g)5., after the sexual predator registers in person at the 410 sheriff’s office as provided in subparagraph 1.,must be 411 accomplished in the manner provided in paragraphs (g), (i), and 412 (j). When a sexual predator registers with the sheriff’s office, 413 the sheriff shall take a photograph, a set of fingerprints, and 414 palm prints of the predator and forward the photographs, palm 415 prints, and fingerprints to the department, along with the 416 information that the predator is required to provide pursuant to 417 this section. 418 (f) Within 48 hours after the registration required under 419 paragraph (a) or paragraph (e), a sexual predator who is not 420 incarcerated and who resides in the community, including a 421 sexual predator under the supervision of the Department of 422 Corrections, shall register in person at a driver license office 423 of the Department of Highway Safety and Motor Vehicles and shall 424 present proof of registration unless a driver license or an 425 identification card that complies with the requirements of s. 426 322.141(3) was previously secured or updated under s. 944.607. 427 At the driver license office the sexual predator shall: 428 1. If otherwise qualified, secure a Florida driver license, 429 renew a Florida driver license, or secure an identification 430 card. The sexual predator shall identify himself or herself as a 431 sexual predator who is required to comply with this section, 432 provide his or her place of permanent, temporary, or transient 433 residence, including a rural route address and a post office 434 box, and submit to the taking of a photograph for use in issuing 435 a driver license, a renewed license, or an identification card, 436 and for use by the department in maintaining current records of 437 sexual predators. A post office box may not be provided in lieu 438 of a physical residential address. If the sexual predator’s 439 place of residence is a motor vehicle, trailer, mobile home, or 440 manufactured home, as defined in chapter 320, the sexual 441 predator shall also provide to the Department of Highway Safety 442 and Motor Vehicles the vehicle identification number; the 443 license tag number; the registration number; and a description, 444 including color scheme, of the motor vehicle, trailer, mobile 445 home, or manufactured home. If a sexual predator’s place of 446 residence is a vessel, live-aboard vessel, or houseboat, as 447 defined in chapter 327, the sexual predator shall also provide 448 to the Department of Highway Safety and Motor Vehicles the hull 449 identification number; the manufacturer’s serial number; the 450 name of the vessel, live-aboard vessel, or houseboat; the 451 registration number; and a description, including color scheme, 452 of the vessel, live-aboard vessel, or houseboat. 453 2. Pay the costs assessed by the Department of Highway 454 Safety and Motor Vehicles for issuing or renewing a driver 455 license or an identification card as required by this section. 456 The driver license or identification card issued to the sexual 457 predator must comply with s. 322.141(3). 458 3. Provide, upon request, any additional information 459 necessary to confirm the identity of the sexual predator, 460 including a set of fingerprints. 461 (g)1. Each time a sexual predator’s driver license or 462 identification card is subject to renewal, and, without regard 463 to the status of the predator’s driver license or identification 464 card, within 48 hours after any change of the predator’s 465 residence or change in the predator’s name by reason of marriage 466 or other legal process, the predator shall report in person to a 467 driver license office and is subject to the requirements 468 specified in paragraph (f). The Department of Highway Safety and 469 Motor Vehicles shall forward to the department and to the 470 Department of Corrections all photographs and information 471 provided by sexual predators. Notwithstanding the restrictions 472 set forth in s. 322.142, the Department of Highway Safety and 473 Motor Vehicles may release a reproduction of a color-photograph 474 or digital-image license to the Department of Law Enforcement 475 for purposes of public notification of sexual predators as 476 provided in this section. A sexual predator who is unable to 477 secure or update a driver license or an identification card with 478 the Department of Highway Safety and Motor Vehicles as provided 479 in paragraph (f) and this paragraph shall also report any change 480 of the predator’s residence or change in the predator’s name by 481 reason of marriage or other legal process within 48 hours after 482 the change to the sheriff’s office in the county where the 483 predator resides or is located and provide confirmation that he 484 or she reported such information to the Department of Highway 485 Safety and Motor Vehicles. The reporting requirements under this 486 subparagraph do not negate the requirement for a sexual predator 487 to obtain a Florida driver license or identification card as 488 required by this section. 489 2.a. A sexual predator who vacates a permanent, temporary, 490 or transient residence and fails to establish or maintain 491 another permanent, temporary, or transient residence shall, 492 within 48 hours after vacating the permanent, temporary, or 493 transient residence, report in person to the sheriff’s office of 494 the county in which he or she is located. The sexual predator 495 shall specify the date upon which he or she intends to or did 496 vacate such residence. The sexual predator shall provide or 497 update all of the registration information required under 498 paragraph (a). The sexual predator shall provide an address for 499 the residence or other place that he or she is or will be 500 located during the time in which he or she fails to establish or 501 maintain a permanent or temporary residence. 502 b. A sexual predator shall report in person at the 503 sheriff’s office in the county in which he or she is located 504 within 48 hours after establishing a transient residence and 505 thereafter must report in person every 30 days to the sheriff’s 506 office in the county in which he or she is located while 507 maintaining a transient residence. The sexual predator must 508 provide the addresses and locations where he or she maintains a 509 transient residence. Each sheriff’s office shall establish 510 procedures for reporting transient residence information and 511 provide notice to transient registrants to report transient 512 residence information as required in this sub-subparagraph. 513 Reporting to the sheriff’s office as required by this sub 514 subparagraph does not exempt registrants from any reregistration 515 requirement. The sheriff may coordinate and enter into 516 agreements with police departments and other governmental 517 entities to facilitate additional reporting sites for transient 518 residence registration required in this sub-subparagraph. The 519 sheriff’s office shall, within 2 business days, electronically 520 submit and update all information provided by the sexual 521 predator to the department. 522 3. A sexual predator who remains at a permanent, temporary, 523 or transient residence after reporting his or her intent to 524 vacate such residence shall, within 48 hours after the date upon 525 which the predator indicated he or she would or did vacate such 526 residence, report in person to the sheriff’s office to which he 527 or she reported pursuant to subparagraph 2. for the purpose of 528 reporting his or her address at such residence. When the sheriff 529 receives the report, the sheriff shall promptly convey the 530 information to the department. An offender who makes a report as 531 required under subparagraph 2. but fails to make a report as 532 required under this subparagraph commits a felony of the second 533 degree, punishable as provided in s. 775.082, s. 775.083, or s. 534 775.084. 535 4. The failure of a sexual predator who maintains a 536 transient residence to report in person to the sheriff’s office 537 every 30 days as required by sub-subparagraph 2.b. is punishable 538 as provided in subsection (10). 539 5.a. A sexual predator shall register all electronic mail 540 addresses and Internet identifiers with the department through 541 the department’s online system or in person at the sheriff’s 542 office before using such electronic mail addresses and Internet 543 identifiers. If the sexual predator is in the custody or 544 control, or under the supervision, of the Department of 545 Corrections, he or she must report all electronic mail addresses 546 and Internet identifiers to the Department of Corrections before 547 using such electronic mail addresses or Internet identifiers. If 548 the sexual predator is in the custody or control, or under the 549 supervision, of the Department of Juvenile Justice, he or she 550 must report all electronic mail addresses and Internet 551 identifiers to the Department of Juvenile Justice before using 552 such electronic mail addresses or Internet identifiers. 553 b. A sexual predator shall register all changes to home 554 telephone numbers and cellular telephone numbers, including 555 added and deleted numbers, all changes to employment 556 information, and all changes in status related to enrollment, 557 volunteering, or employment at institutions of higher education, 558 through the department’s online system; in person at the 559 sheriff’s office; in person at the Department of Corrections if 560 the sexual predator is in the custody or control, or under the 561 supervision, of the Department of Corrections; or in person at 562 the Department of Juvenile Justice if the sexual predator is in 563 the custody or control, or under the supervision, of the 564 Department of Juvenile Justice. All changes required to be 565 reported in this sub-subparagraph shall be reported within 48 566 hours after the change. 567 c. The department shall establish an online system through 568 which sexual predators may securely access, submit, and update 569 all electronic mail address and Internet identifier information, 570 home telephone numbers and cellular telephone numbers, 571 employment information, and institution of higher education 572 information. 573 (i) A sexual predator who intends to establish a permanent, 574 temporary, or transient residence in another state or 575 jurisdiction other than the State of Florida shall report in 576 person to the sheriff of the county of current residence within 577 48 hours before the date he or she intends to leave this state 578 to establish residence in another state or jurisdiction or at 579 leastwithin21 days before the date he or she intends to travel 580beforehis or her planned departure dateif the intended 581 residence of 5 days or more is outside of the United States. Any 582 travel that is not known by the sexual predator 21 days before 583 the departure date must be reported to the sheriff’s office as 584 soon as possible before departure. The sexual predator shall 585 provide to the sheriff the address, municipality, county, state, 586 and country of intended residence. For international travel, the 587 sexual predator shall also provide travel information, 588 including, but not limited to, expected departure and return 589 dates, flight number, airport of departure, cruise port of 590 departure, or any other means of intended travel. The sheriff 591 shall promptly provide to the department the information 592 received from the sexual predator. The department shall notify 593 the statewide law enforcement agency, or a comparable agency, in 594 the intended state, jurisdiction, or country of residence of the 595 sexual predator’s intended residence. The failure of a sexual 596 predator to provide his or her intended place of residence is 597 punishable as provided in subsection (10). 598 (8) VERIFICATION.—The department and the Department of 599 Corrections shall implement a system for verifying the addresses 600 of sexual predators. The system must be consistent withthe601 provisions of the federal Adam Walsh Child Protection and Safety 602 Act of 2006 and any other federal standards applicable to such 603 verification or required to be met as a condition for the 604 receipt of federal funds by the state. The Department of 605 Corrections shall verify the addresses of sexual predators who 606 are not incarcerated but who reside in the community under the 607 supervision of the Department of Corrections and shall report to 608 the department any failure by a sexual predator to comply with 609 registration requirements. County and local law enforcement 610 agencies, in conjunction with the department, shall verify the 611 addresses of sexual predators who are not under the care, 612 custody, control, or supervision of the Department of 613 Corrections, and may verify the addresses of sexual predators 614 who are under the care, custody, control, or supervision of the 615 Department of Corrections. Local law enforcement agencies shall 616 report to the department any failure by a sexual predator to 617 comply with registration requirements. 618 (a) A sexual predator shall report in person each year 619 during the month of the sexual predator’s birthday and during 620 every third month thereafter to the sheriff’s office in the 621 county in which he or she resides or is otherwise located to 622 reregister. The sheriff’s office may determine the appropriate 623 times and days for reporting by the sexual predator, which must 624 be consistent with the reporting requirements of this paragraph. 625 Reregistration must include any changes to the following 626 information: 627 1. Name; social security number; age; race; sex; date of 628 birth; height; weight; tattoos or other identifying marks; hair 629 and eye color; address of any permanent residence and address of 630 any current temporary residence, within the state or out of 631 state, including a rural route address and a post office box; if 632 no permanent or temporary address, any transient residence 633 within the state; address, location or description, and dates of 634 any current or known future temporary residence within the state 635 or out of state; all electronic mail addresses or Internet 636 identifiers required to be provided pursuant to subparagraph 637 (6)(g)5.; all home telephone numbers and cellular telephone 638 numbers required to be provided pursuant to subparagraph 639 (6)(g)5.; date and place of any employment required to be 640 provided pursuant to subparagraph (6)(g)5.; the make, model, 641 color, vehicle identification number (VIN), and license tag 642 number of all vehicles owned; fingerprints; palm prints; and 643 photograph. A post office box may not be provided in lieu of a 644 physical residential address. The sexual predator shall also 645 produce his or her passport, if he or she has a passport, and, 646 if he or she is an alien, shall produce or provide information 647 about documents establishing his or her immigration status. The 648 sexual predator shall also provide information about any 649 professional licenses he or she has. 650 2. If the sexual predator is enrolled or,employed, whether 651 for compensation or as a volunteervolunteering,or carrying on652a vocationat an institution of higher education in this state, 653 the sexual predator shall also provide to the department the 654 name, address, and county of each institution, including each 655 campus attended, and the sexual predator’s enrollment, 656 volunteer, or employment status. 657 3. If the sexual predator’s place of residence is a motor 658 vehicle, trailer, mobile home, or manufactured home, as defined 659 in chapter 320, the sexual predator shall also provide the 660 vehicle identification number; the license tag number; the 661 registration number; and a description, including color scheme, 662 of the motor vehicle, trailer, mobile home, or manufactured 663 home. If the sexual predator’s place of residence is a vessel, 664 live-aboard vessel, or houseboat, as defined in chapter 327, the 665 sexual predator shall also provide the hull identification 666 number; the manufacturer’s serial number; the name of the 667 vessel, live-aboard vessel, or houseboat; the registration 668 number; and a description, including color scheme, of the 669 vessel, live-aboard vessel, or houseboat. 670 (10) PENALTIES.— 671 (a) Except as otherwise specifically provided, a sexual 672 predator who fails to register; who fails, after registration, 673 to maintain, acquire, or renew a driver license or an 674 identification card; who fails to provide required location 675 information, electronic mail address information before use, 676 Internet identifier information before use, all home telephone 677 numbers and cellular telephone numbers, employment information, 678 change in status at an institution of higher education, or 679 change-of-name information; who fails to make a required report 680 in connection with vacating a permanent residence; who fails to 681 reregister as required; who fails to respond to any address 682 verification correspondence from the department within 3 weeks 683 of the date of the correspondence; who knowingly provides false 684 registration information by act or omission; or who otherwise 685 fails, by act or omission, to comply with the requirements of 686 this section commits a felony of the third degree, punishable as 687 provided in s. 775.082, s. 775.083, or s. 775.084. 688 (b) A sexual predator who has been convicted of or found to 689 have committed, or has pled nolo contendere or guilty to, 690 regardless of adjudication, any violation, or attempted 691 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where 692 the victim is a minorand the defendant is not the victim’s693parent or guardian; s. 794.011, excluding s. 794.011(10); s. 694 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 695 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s. 696 985.701(1); or a violation of a similar law of another 697 jurisdiction when the victim of the offense was a minor, and who 698 works, whether for compensation or as a volunteer, at any 699 business, school, child care facility, park, playground, or 700 other place where children regularly congregate, commits a 701 felony of the third degree, punishable as provided in s. 702 775.082, s. 775.083, or s. 775.084. 703 (c) Any person who misuses public records information 704 relating to a sexual predator, as defined in this section, or a 705 sexual offender, as defined in s. 943.0435 or s. 944.607, to 706 secure a payment from such a predator or offender; who knowingly 707 distributes or publishes false information relating to such a 708 predator or offender which the person misrepresents as being 709 public records information; or who materially alters public 710 records information with the intent to misrepresent the 711 information, including documents, summaries of public records 712 information provided by law enforcement agencies, or public 713 records information displayed by law enforcement agencies on 714 websites or provided through other means of communication, 715 commits a misdemeanor of the first degree, punishable as 716 provided in s. 775.082 or s. 775.083. 717 (e) An arrest on charges of failure to register, the 718 service of an information or a complaint for a violation of this 719 section, or an arraignment on charges for a violation of this 720 section constitutes actual notice of the duty to register when 721 the predator has been provided and advised of his or her 722 statutory obligation to register under subsection (6). A sexual 723 predator’s failure to immediately register as required by this 724 section following such arrest, service, or arraignment 725 constitutes grounds for a subsequent charge of failure to 726 register. A sexual predator charged with the crime of failure to 727 register who asserts, or intends to assert, a lack of notice of 728 the duty to register as a defense to a charge of failure to 729 register shall immediately register as required by this section. 730 A sexual predator who is charged with a subsequent failure to 731 register may not assert the defense of a lack of notice of the 732 duty to register. 733 Section 2. Subsections (1) and (4) of section 856.022, 734 Florida Statutes, are amended, and subsections (2) and (3) of 735 that section are republished, to read: 736 856.022 Loitering or prowling by certain offenders in close 737 proximity to children; penalty.— 738 (1) Except as provided in subsection (2), this section 739 applies to a person convicted of committing, or attempting, 740 soliciting, or conspiring to commit, any of the criminal 741 offenses proscribed in the following statutes in this state or 742 similar offenses in another jurisdiction against a victim who 743 was under 18 years of age at the time of the offense: s. 787.01, 744 s. 787.02, or s. 787.025(2)(c), where the victim is a minorand745the offender was not the victim’s parent or guardian; s. 746 787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05; 747 former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s. 748 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 749 847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any 750 similar offense committed in this state which has been 751 redesignated from a former statute number to one of those listed 752 in this subsection, if the person has not received a pardon for 753 any felony or similar law of another jurisdiction necessary for 754 the operation of this subsection and a conviction of a felony or 755 similar law of another jurisdiction necessary for the operation 756 of this subsection has not been set aside in any postconviction 757 proceeding. 758 (2) This section does not apply to a person who has been 759 removed from the requirement to register as a sexual offender or 760 sexual predator pursuant to s. 943.04354. 761 (3) A person described in subsection (1) commits loitering 762 and prowling by a person convicted of a sexual offense against a 763 minor if, in committing loitering and prowling, he or she was 764 within 300 feet of a place where children were congregating. 765 (4)(a) It is unlawful for a person described in subsection 766 (1) to:767(a)knowingly approach, contact, or communicate with a 768 child under 18 years of age in any public park building or on 769 real property comprising any public park or playground with the 770 intent to engage in conduct of a sexual nature or to make a 771 communication of any type with any content of a sexual nature. 772 This paragraph applies only to a person described in subsection 773 (1) whose offense was committed on or after May 26, 2010. 774 (b)1.It is unlawful for a person described in subsection 775 (1) to knowingly be present in any child care facility or school 776 containing any students in prekindergarten through grade 12 or 777 on real property comprising any child care facility or school 778 containing any students in prekindergarten through grade 12 when 779 the child care facility or school is in operation if such person 780 fails to: 781 1. Provideunless the person had previously provided782 written notification of his or her intent to be present to the 783 school board, superintendent, principal, or child care facility 784 owner; 785 2.Fail toNotify the child care facility owner or the 786 school principal’s office when he or she arrives and departs the 787 child care facility or school; or 788 3.Fail toRemain under direct supervision of a school 789 official or designated chaperone when present in the vicinity of 790 children. As used in this paragraph, the term “school official” 791 means a principal, a school resource officer, a teacher or any 792 other employee of the school, the superintendent of schools, a 793 member of the school board, a child care facility owner, or a 794 child care provider. 795 (c) A person is not in violation of paragraph (b) if: 796 1. The child care facility or school is a voting location 797 and the person is present for the purpose of voting during the 798 hours designated for voting; or 799 2. The person is only dropping off or picking up his or her 800 own children or grandchildren at the child care facility or 801 school. 802 Section 3. Subsection (1) of section 943.0435, Florida 803 Statutes, is reordered and amended, and subsection (2), 804 paragraphs (a) and (e) of subsection (4), subsection (7), 805 subsection (11), and paragraphs (b) and (c) of subsection (14) 806 of that section are amended, to read: 807 943.0435 Sexual offenders required to register with the 808 department; penalty.— 809 (1) As used in this section, the term: 810 (h)(a)1. “Sexual offender” means a person who meets the 811 criteria in sub-subparagraph a., sub-subparagraph b., sub 812 subparagraph c., or sub-subparagraph d., as follows: 813 a.(I) Has been convicted of committing, or attempting, 814 soliciting, or conspiring to commit, any of the criminal 815 offenses proscribed in the following statutes in this state or 816 similar offenses in another jurisdiction: s. 393.135(2); s. 817 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 818 the victim is a minorand the defendant is not the victim’s819parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s. 820 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; 821 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); 822 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 823 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 824 916.1075(2); or s. 985.701(1); or any similar offense committed 825 in this state which has been redesignated from a former statute 826 number to one of those listed in this sub-sub-subparagraph; and 827 (II) Has been released on or after October 1, 1997, from 828 the sanction imposed for any conviction of an offense described 829 in sub-sub-subparagraph (I). For purposes of sub-sub 830 subparagraph (I), a sanction imposed in this state or in any 831 other jurisdiction includes, but is not limited to, a fine, 832 probation, community control, parole, conditional release, 833 control release, or incarceration in a state prison, federal 834 prison, private correctional facility, or local detention 835 facility; 836 b. Establishes or maintains a residence in this state and 837 who has not been designated as a sexual predator by a court of 838 this state but who has been designated as a sexual predator, as 839 a sexually violent predator, or by another sexual offender 840 designation in another state or jurisdiction and was, as a 841 result of such designation, subjected to registration or 842 community or public notification, or both, or would be if the 843 person were a resident of that state or jurisdiction, without 844 regard to whether the person otherwise meets the criteria for 845 registration as a sexual offender; 846 c. Establishes or maintains a residence in this state who 847 is in the custody or control of, or under the supervision of, 848 any other state or jurisdiction as a result of a conviction for 849 committing, or attempting, soliciting, or conspiring to commit, 850 any of the criminal offenses proscribed in the following 851 statutes or similar offense in another jurisdiction: s. 852 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 853 787.025(2)(c), where the victim is a minorand the defendant is854not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f), 855 or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 856 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 857 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 858 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 859 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar 860 offense committed in this state which has been redesignated from 861 a former statute number to one of those listed in this sub 862 subparagraph; or 863 d. On or after July 1, 2007, has been adjudicated 864 delinquent for committing, or attempting, soliciting, or 865 conspiring to commit, any of the criminal offenses proscribed in 866 the following statutes in this state or similar offenses in 867 another jurisdiction when the juvenile was 14 years of age or 868 older at the time of the offense: 869 (I) Section 794.011, excluding s. 794.011(10); 870 (II) Section 800.04(4)(a)2. where the victim is under 12 871 years of age or where the court finds sexual activity by the use 872 of force or coercion; 873 (III) Section 800.04(5)(c)1. where the court finds 874 molestation involving unclothed genitals; or 875 (IV) Section 800.04(5)(d) where the court finds the use of 876 force or coercion and unclothed genitals. 877 (V) Any similar offense committed in this state which has 878 been redesignated from a former statute number to one of those 879 listed in this sub-subparagraph. 880 2. For all qualifying offenses listed in sub-subparagraph 881 1.d.(1)(a)1.d., the court shall make a written finding of the 882 age of the offender at the time of the offense. 883 884 For each violation of a qualifying offense listed in this 885 subsection, except for a violation of s. 794.011, the court 886 shall make a written finding of the age of the victim at the 887 time of the offense. For a violation of s. 800.04(4), the court 888 shall also make a written finding indicating whether the offense 889 involved sexual activity and indicating whether the offense 890 involved force or coercion. For a violation of s. 800.04(5), the 891 court shall also make a written finding that the offense did or 892 did not involve unclothed genitals or genital area and that the 893 offense did or did not involve the use of force or coercion. 894 (b) “Convicted” means that there has been a determination 895 of guilt as a result of a trial or the entry of a plea of guilty 896 or nolo contendere, regardless of whether adjudication is 897 withheld, and includes an adjudication of delinquency of a 898 juvenile as specified in this section. Conviction of a similar 899 offense includes, but is not limited to, a conviction by a 900 federal or military tribunal, including courts-martial conducted 901 by the Armed Forces of the United States, and includes a 902 conviction or entry of a plea of guilty or nolo contendere 903 resulting in a sanction in any state of the United States or 904 other jurisdiction. A sanction includes, but is not limited to, 905 a fine, probation, community control, parole, conditional 906 release, control release, or incarceration in a state prison, 907 federal prison, private correctional facility, or local 908 detention facility. 909 (f)(c)“Permanent residence,” “temporary residence,” and 910 “transient residence” have the same meaning as providedascribed911 in s. 775.21. 912 (d) “Institution of higher education” has the same meaning 913 as provided in s. 775.21means a career center, community914college, college, state university, or independent postsecondary915institution. 916 (a)(e)“Change inenrollment or employmentstatus at an 917 institution of higher education” has the same meaning as 918 provided in s. 775.21means the commencement or termination of919enrollment or employment or a change in location of enrollment920or employment. 921 (c)(f)“Electronic mail address” has the same meaning as 922 provided in s. 668.602. 923 (e)(g)“Internet identifier” has the same meaning as 924 provided in s. 775.21. 925 (i)(h)“Vehicles owned” has the same meaning as provided in 926 s. 775.21. 927 (g) “Professional license” has the same meaning as provided 928 in s. 775.21. 929 (2) A sexual offender shall: 930 (a) Report in person at the sheriff’s office: 931 1. In the county in which the offender establishes or 932 maintains a permanent, temporary, or transient residence within 933 48 hours after: 934 a. Establishing permanent, temporary, or transient 935 residence in this state; or 936 b. Being released from the custody, control, or supervision 937 of the Department of Corrections or from the custody of a 938 private correctional facility; or 939 2. In the county where he or she was convicted within 48 940 hours after being convicted for a qualifying offense for 941 registration under this section if the offender is not in the 942 custody or control of, or under the supervision of, the 943 Department of Corrections, or is not in the custody of a private 944 correctional facility. 945 946 Any change in the information required to be provided pursuant 947 to paragraph (b), including, but not limited to, any change in 948 the sexual offender’s permanent, temporary, or transient 949 residence;,name;,electronic mail addresses;,orInternet 950 identifiers; home telephone numbers and cellular telephone 951 numbers; and employment information and any change in status at 952 an institution of higher education, required to be provided 953 pursuant to paragraph (4)(e), after the sexual offender reports 954 in person at the sheriff’s office,must be accomplished in the 955 manner provided in subsections (4), (7), and (8). 956 (b) Provide his or her name; date of birth; social security 957 number; race; sex; height; weight; hair and eye color; tattoos 958 or other identifying marks; fingerprints; palm prints; 959 photograph;occupation and place ofemployment information 960 required to be provided pursuant to paragraph (4)(e); address of 961 permanent or legal residence or address of any current temporary 962 residence, within the state or out of state, including a rural 963 route address and a post office box; if no permanent or 964 temporary address, any transient residence within the state, 965 address, location or description, and dates of any current or 966 known future temporary residence within the state or out of 967 state; the make, model, color, vehicle identification number 968 (VIN), and license tag number of all vehicles owned; all home 969 telephone numbers and cellular telephone numbers required to be 970 provided pursuant to paragraph (4)(e); all electronic mail 971 addresses and all Internet identifiers required to be provided 972 pursuant to paragraph (4)(e); date and place of each conviction; 973 and a brief description of the crime or crimes committed by the 974 offender. A post office box may not be provided in lieu of a 975 physical residential address. The sexual offender shall also 976 produce his or her passport, if he or she has a passport, and, 977 if he or she is an alien, shall produce or provide information 978 about documents establishing his or her immigration status. The 979 sexual offender shall also provide information about any 980 professional licenses he or she has. 981 1. If the sexual offender’s place of residence is a motor 982 vehicle, trailer, mobile home, or manufactured home, as defined 983 in chapter 320, the sexual offender shall also provide to the 984 department through the sheriff’s office written notice of the 985 vehicle identification number; the license tag number; the 986 registration number; and a description, including color scheme, 987 of the motor vehicle, trailer, mobile home, or manufactured 988 home. If the sexual offender’s place of residence is a vessel, 989 live-aboard vessel, or houseboat, as defined in chapter 327, the 990 sexual offender shall also provide to the department written 991 notice of the hull identification number; the manufacturer’s 992 serial number; the name of the vessel, live-aboard vessel, or 993 houseboat; the registration number; and a description, including 994 color scheme, of the vessel, live-aboard vessel, or houseboat. 995 2. If the sexual offender is enrolled or,employed, whether 996 for compensation or as a volunteervolunteering,or carrying on997a vocationat an institution of higher education in this state, 998 the sexual offender shall also provide to the department 999 pursuant to paragraph (4)(e)through the sheriff’s officethe 1000 name, address, and county of each institution, including each 1001 campus attended, and the sexual offender’s enrollment, 1002 volunteer, or employment status.Each change in enrollment,1003volunteer, or employment status must be reported in person at1004the sheriff’s office, within 48 hours after any change in1005status.The sheriff, the Department of Corrections, or the 1006 Department of Juvenile Justice shall promptly notify each 1007 institution of higher education of the sexual offender’s 1008 presence and any change in the sexual offender’s enrollment, 1009 volunteer, or employment status. 1010 3. A sexual offender shall report in person to the 1011 sheriff’s office within 48 hours after any change in vehicles 1012 owned to report those vehicle information changes. 1013 (c) Provide any other information determined necessary by 1014 the department, including criminal and corrections records; 1015 nonprivileged personnel and treatment records; and evidentiary 1016 genetic markers, when available. 1017 1018 When a sexual offender reports at the sheriff’s office, the 1019 sheriff shall take a photograph, a set of fingerprints, and palm 1020 prints of the offender and forward the photographs, palm prints, 1021 and fingerprints to the department, along with the information 1022 provided by the sexual offender. The sheriff shall promptly 1023 provide to the department the information received from the 1024 sexual offender. 1025 (4)(a) Each time a sexual offender’s driver license or 1026 identification card is subject to renewal, and, without regard 1027 to the status of the offender’s driver license or identification 1028 card, within 48 hours after any change in the offender’s 1029 permanent, temporary, or transient residence or change in the 1030 offender’s name by reason of marriage or other legal process, 1031 the offender shall report in person to a driver license office, 1032 and is subject to the requirements specified in subsection (3). 1033 The Department of Highway Safety and Motor Vehicles shall 1034 forward to the department all photographs and information 1035 provided by sexual offenders. Notwithstanding the restrictions 1036 set forth in s. 322.142, the Department of Highway Safety and 1037 Motor Vehicles may release a reproduction of a color-photograph 1038 or digital-image license to the Department of Law Enforcement 1039 for purposes of public notification of sexual offenders as 1040 provided in this section and ss. 943.043 and 944.606. A sexual 1041 offender who is unable to secure or update a driver license or 1042 an identification card with the Department of Highway Safety and 1043 Motor Vehicles as provided in subsection (3) and this subsection 1044 shall also report any change in the sexual offender’s permanent, 1045 temporary, or transient residence or change in the offender’s 1046 name by reason of marriage or other legal process within 48 1047 hours after the change to the sheriff’s office in the county 1048 where the offender resides or is located and provide 1049 confirmation that he or she reported such information to the 1050 Department of Highway Safety and Motor Vehicles. The reporting 1051 requirements under this paragraph do not negate the requirement 1052 for a sexual offender to obtain a Florida driver license or an 1053 identification card as required in this section. 1054 (e)1. A sexual offender shall register all electronic mail 1055 addresses and Internet identifiers with the department through 1056 the department’s online system or in person at the sheriff’s 1057 office before using such electronic mail addresses and Internet 1058 identifiers. If the sexual offender is in the custody or 1059 control, or under the supervision, of the Department of 1060 Corrections, he or she must report all electronic mail addresses 1061 and Internet identifiers to the Department of Corrections before 1062 using such electronic mail addresses or Internet identifiers. If 1063 the sexual offender is in the custody or control, or under the 1064 supervision, of the Department of Juvenile Justice, he or she 1065 must report all electronic mail addresses and Internet 1066 identifiers to the Department of Juvenile Justice before using 1067 such electronic mail addresses or Internet identifiers. 1068 2. A sexual offender shall register all changes to home 1069 telephone numbers and cellular telephone numbers, including 1070 added and deleted numbers, all changes to employment 1071 information, and all changes in status related to enrollment, 1072 volunteering, or employment at institutions of higher education, 1073 through the department’s online system; in person at the 1074 sheriff’s office; in person at the Department of Corrections if 1075 the sexual offender is in the custody or control, or under the 1076 supervision, of the Department of Corrections; or in person at 1077 the Department of Juvenile Justice if the sexual offender is in 1078 the custody or control, or under the supervision, of the 1079 Department of Juvenile Justice. All changes required to be 1080 reported under this subparagraph must be reported within 48 1081 hours after the change. 1082 3. The department shall establish an online system through 1083 which sexual offenders may securely access, submit, and update 1084 all changes in status to electronic mail address and Internet 1085 identifier information, home telephone numbers and cellular 1086 telephone numbers, employment information, and institution of 1087 higher education information. 1088 (7) A sexual offender who intends to establish a permanent, 1089 temporary, or transient residence in another state or 1090 jurisdiction other than the State of Florida shall report in 1091 person to the sheriff of the county of current residence within 1092 48 hours before the date he or she intends to leave this state 1093 to establish residence in another state or jurisdiction or at 1094 leastwithin21 days before the date he or she intends to travel 1095beforehis or her planned departure dateif the intended 1096 residence of 5 days or more is outside of the United States. Any 1097 travel that is not known by the sexual offender 21 days before 1098 the departure date must be reported in person to the sheriff’s 1099 office as soon as possible before departure. The sexual offender 1100 shall provide to the sheriffThe notification must includethe 1101 address, municipality, county, state, and country of intended 1102 residence. For international travel, the sexual offender shall 1103 also provide travel information, including, but not limited to, 1104 expected departure and return dates, flight number, airport of 1105 departure, cruise port of departure, or any other means of 1106 intended travel. The sheriff shall promptly provide to the 1107 department the information received from the sexual offender. 1108 The department shall notify the statewide law enforcement 1109 agency, or a comparable agency, in the intended state, 1110 jurisdiction, or country of residence of the sexual offender’s 1111 intended residence. The failure of a sexual offender to provide 1112 his or her intended place of residence is punishable as provided 1113 in subsection (9). 1114 (11) Except as provided in s. 943.04354, a sexual offender 1115 shall maintain registration with the department for the duration 1116 of his or her life unless the sexual offender has received a 1117 full pardon or has had a conviction set aside in a 1118 postconviction proceeding for any offense that meets the 1119 criteria for classifying the person as a sexual offender for 1120 purposes of registration. However, a sexual offender shall be 1121 considered for removal of the requirement to register as a 1122 sexual offender only if the person: 1123 (a)1.WhoHas been lawfully released from confinement, 1124 supervision, or sanction, whichever is later, for at least 25 1125 years and has not been arrested for any felony or misdemeanor 1126 offense since release, provided that the sexual offender’s 1127 requirement to register was not based upon an adult conviction: 1128 a. For a violation of s. 787.01 or s. 787.02; 1129 b. For a violation of s. 794.011, excluding s. 794.011(10); 1130 c. For a violation of s. 800.04(4)(a)2. where the court 1131 finds the offense involved a victim under 12 years of age or 1132 sexual activity by the use of force or coercion; 1133 d. For a violation of s. 800.04(5)(b); 1134 e. For a violation of s. 800.04(5)(c)2. where the court 1135 finds the offense involved the use of force or coercion and 1136 unclothed genitals or genital area; 1137 f. For a violation of s. 825.1025(2)(a); 1138 g.f.For any attempt or conspiracy to commit any such 1139 offense; 1140 h.g.For a violation of similar law of another 1141 jurisdiction; or 1142 i.h.For a violation of a similar offense committed in this 1143 state which has been redesignated from a former statute number 1144 to one of those listed in this subparagraph.,1145 2. If the sexual offender meets the criteria in 1146 subparagraph 1., the sexual offender may, for the purpose of 1147 removing the requirement for registration as a sexual offender, 1148 petition the criminal division of the circuit court of the 1149 circuit: 1150 a. Where the conviction or adjudication occurred, for a 1151 conviction in this state; 1152 b. Where the sexual offender resides, for a conviction of a 1153 violation of similar law of another jurisdiction; or 1154 c. Where the sexual offender last resided, for a sexual 1155 offender with a conviction of a violation of similar law of 1156 another jurisdiction who no longer resides in this statefor the1157purpose of removing the requirement for registration as a sexual1158offender. 1159 3.2.The court may grant or deny relief if the offender 1160 demonstrates to the court that he or she has not been arrested 1161 for any crime since release; the requested relief complies with 1162the provisions ofthe federal Adam Walsh Child Protection and 1163 Safety Act of 2006 and any other federal standards applicable to 1164 the removal of registration requirements for a sexual offender 1165 or required to be met as a condition for the receipt of federal 1166 funds by the state; and the court is otherwise satisfied that 1167 the offender is not a current or potential threat to public 1168 safety. The state attorney in the circuit in which the petition 1169 is filed must be given notice of the petition at least 3 weeks 1170 before the hearing on the matter. The state attorney may present 1171 evidence in opposition to the requested relief or may otherwise 1172 demonstrate the reasons why the petition should be denied. If 1173 the court denies the petition, the court may set a future date 1174 at which the sexual offender may again petition the court for 1175 relief, subject to the standards for relief provided in this 1176 subsection. 1177 4.3.The department shall remove an offender from 1178 classification as a sexual offender for purposes of registration 1179 if the offender provides to the department a certified copy of 1180 the court’s written findings or order that indicates that the 1181 offender is no longer required to comply with the requirements 1182 for registration as a sexual offender. 11834. For purposes of this paragraph:1184a. The registration period of a sexual offender sentenced1185to a term of incarceration or committed to a residential program1186begins upon the offender’s release from incarceration or1187commitment for the most recent conviction that required the1188offender to register.1189b. A sexual offender’s registration period is tolled during1190any period in which the offender is incarcerated, civilly1191committed, detained pursuant to chapter 985, or committed to a1192residential program.1193c. Except as provided in sub-subparagraph e., if the sexual1194offender is only sentenced to a term of supervision for the most1195recent conviction that required the offender to register as a1196sexual offender or is only subject to a period of supervision1197for that conviction, the registration period begins when the1198term or period of supervision for that conviction begins.1199d. Except as provided in sub-subparagraph e., if the sexual1200offender is sentenced to a term of supervision that follows a1201term of incarceration for the most recent conviction that1202required the offender to register as a sexual offender or is1203subject to a period of supervision that follows commitment to a1204residential program for that conviction, the registration period1205begins when the term or period of supervision for that1206conviction begins.1207e. If a sexual offender is sentenced to a term of more than120825 years’ supervision for the most recent conviction that1209required the offender to register as a sexual offender, the1210sexual offender may not petition for removal of the requirement1211for registration as a sexual offender until the term of1212supervision for that conviction is completed.1213 (b) As defined in sub-subparagraph (1)(h)1.b.(1)(a)1.b.1214 must maintain registration with the department for the duration 1215 of his or her life until the person provides the department with 1216 an order issued by the court that designated the person as a 1217 sexual predator, as a sexually violent predator, or by another 1218 sexual offender designation in the state or jurisdiction in 1219 which the order was issued which states that such designation 1220 has been removed or demonstrates to the department that such 1221 designation, if not imposed by a court, has been removed by 1222 operation of law or court order in the state or jurisdiction in 1223 which the designation was made, and provided such person no 1224 longer meets the criteria for registration as a sexual offender 1225 under the laws of this state. 1226 (14) 1227 (b) However, a sexual offender who is required to register 1228 as a result of a conviction for: 1229 1. Section 787.01 or s. 787.02 where the victim is a minor 1230and the offender is not the victim’s parent or guardian; 1231 2. Section 794.011, excluding s. 794.011(10); 1232 3. Section 800.04(4)(a)2. where the court finds the offense 1233 involved a victim under 12 years of age or sexual activity by 1234 the use of force or coercion; 1235 4. Section 800.04(5)(b); 1236 5. Section 800.04(5)(c)1. where the court finds molestation 1237 involving unclothed genitals or genital area; 1238 6. Section 800.04(5)(c)2. where the court finds molestation 1239 involving the use of force or coercion and unclothed genitals or 1240 genital area; 1241 7. Section 800.04(5)(d) where the court finds the use of 1242 force or coercion and unclothed genitals or genital area; 1243 8. Section 825.1025(2)(a); 1244 9.8.Any attempt or conspiracy to commit such offense; 1245 10.9.A violation of a similar law of another jurisdiction; 1246 or 1247 11.10.A violation of a similar offense committed in this 1248 state which has been redesignated from a former statute number 1249 to one of those listed in this paragraph, 1250 1251 must reregister each year during the month of the sexual 1252 offender’s birthday and every third month thereafter. 1253 (c) The sheriff’s office may determine the appropriate 1254 times and days for reporting by the sexual offender, which must 1255 be consistent with the reporting requirements of this 1256 subsection. Reregistration must include any changes to the 1257 following information: 1258 1. Name; social security number; age; race; sex; date of 1259 birth; height; weight; tattoos or other identifying marks; hair 1260 and eye color; address of any permanent residence and address of 1261 any current temporary residence, within the state or out of 1262 state, including a rural route address and a post office box; if 1263 no permanent or temporary address, any transient residence 1264 within the state; address, location or description, and dates of 1265 any current or known future temporary residence within the state 1266 or out of state; all electronic mail addresses or Internet 1267 identifiers required to be provided pursuant to paragraph 1268 (4)(e); all home telephone numbers and cellular telephone 1269 numbers required to be provided pursuant to paragraph (4)(e); 1270date and place of anyemployment information required to be 1271 provided pursuant to paragraph (4)(e); the make, model, color, 1272 vehicle identification number (VIN), and license tag number of 1273 all vehicles owned; fingerprints; palm prints; and photograph. A 1274 post office box may not be provided in lieu of a physical 1275 residential address. The sexual offender shall also produce his 1276 or her passport, if he or she has a passport, and, if he or she 1277 is an alien, shall produce or provide information about 1278 documents establishing his or her immigration status. The sexual 1279 offender shall also provide information about any professional 1280 licenses he or she has. 1281 2. If the sexual offender is enrolled or, volunteering,1282 employed, whether for compensation or as a volunteer,or1283carrying on a vocationat an institution of higher education in 1284 this state, the sexual offender shall also provide to the 1285 department the name, address, and county of each institution, 1286 including each campus attended, and the sexual offender’s 1287 enrollment, volunteer, or employment status. 1288 3. If the sexual offender’s place of residence is a motor 1289 vehicle, trailer, mobile home, or manufactured home, as defined 1290 in chapter 320, the sexual offender shall also provide the 1291 vehicle identification number; the license tag number; the 1292 registration number; and a description, including color scheme, 1293 of the motor vehicle, trailer, mobile home, or manufactured 1294 home. If the sexual offender’s place of residence is a vessel, 1295 live-aboard vessel, or houseboat, as defined in chapter 327, the 1296 sexual offender shall also provide the hull identification 1297 number; the manufacturer’s serial number; the name of the 1298 vessel, live-aboard vessel, or houseboat; the registration 1299 number; and a description, including color scheme, of the 1300 vessel, live-aboard vessel or houseboat. 1301 4. Any sexual offender who fails to report in person as 1302 required at the sheriff’s office, who fails to respond to any 1303 address verification correspondence from the department within 3 1304 weeks of the date of the correspondence, who fails to report all 1305 electronic mail addresses and all Internet identifiers before 1306prior touse, or who knowingly provides false registration 1307 information by act or omission commits a felony of the third 1308 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1309 775.084. 1310 Section 4. Subsections (1) and (2) of section 943.04354, 1311 Florida Statutes, are amended to read: 1312 943.04354 Removal of the requirement to register as a 1313 sexual offender or sexual predator in special circumstances.— 1314 (1) For purposes of this section, a person shall be 1315 considered for removal of the requirement to register as a 1316 sexual offender or sexual predator only if the person: 1317 (a) Was convicted, regardless of adjudication, or 1318 adjudicated delinquent of a violation ofs. 794.011,s. 800.04, 1319 s. 827.071, or s. 847.0135(5) or of a similar offense in another 1320 jurisdiction and if the person does not have any other 1321 conviction, regardless of adjudication, or adjudication of 1322 delinquency for a violation of s. 794.011, s. 800.04, s. 1323 827.071, or s. 847.0135(5) or for a similar offense in another 1324 jurisdiction; 1325 (b)1. Was convicted, regardless of adjudication, or 1326 adjudicated delinquent of an offense listed in paragraph (a) and 1327 is required to register as a sexual offender or sexual predator 1328 solely on the basis of this conviction or adjudication; or 1329 2. Was convicted, regardless of adjudication, or 1330 adjudicated delinquent of an offense in another jurisdiction 1331 which is similar to an offense listed in paragraph (a) and no 1332 longer meets the criteria for registration as a sexual offender 1333 or sexual predator under the laws of the jurisdiction in which 1334 the similar offense occurred; and 1335 (c) Is not more than 4 years older than the victim of this 1336 violation who was 13 years of age or older but younger than 18 1337 years of age at the time the person committed this violation. 1338 (2)(a) If a person meets the criteria in subsection (1), 1339 the person may, for the purpose of removing the requirement that 1340 he or she register as a sexual offender or sexual predator, move 1341 the criminal division of the circuit court of the circuit: 1342 1.the person may move the criminal division of the circuit1343court of the circuitWhere the conviction or adjudication for 1344 the qualifying offense occurred for a conviction in this state; 1345 2. Where the sexual offender or sexual predator resides for 1346 a conviction for a violation of similar law of another 1347 jurisdiction; or 1348 3. Where the sexual offender or sexual predator last 1349 resided for a sexual offender or sexual predator with a 1350 conviction of a violation of a similar law of another 1351 jurisdiction who no longer resides in this stateto remove the1352requirement that the person register as a sexual offender or1353sexual predator. 1354 (b) The person must allege in the motion that he or she 1355 meets the criteria in subsection (1) and that removal of the 1356 registration requirement will not conflict with federal law that 1357 requires that the sexual act be consensual, notwithstanding the 1358 age of the victim. A person convicted or adjudicated delinquent 1359 of an offense in another jurisdiction which is similar to an 1360 offense listed in paragraph (1)(a) must provide the court 1361 written confirmation that he or she is not required to register 1362 in the jurisdiction in which the conviction or adjudication 1363 occurred. The state attorney and the department must be given 1364 notice of the motion at least 21 days before the date of 1365 sentencing, disposition of the violation, or hearing on the 1366 motion and may present evidence in opposition to the requested 1367 relief or may otherwise demonstrate why the motion should be 1368 denied. At sentencing, disposition of the violation, or hearing 1369 on the motion, the court shall rule on the motion, and, if the 1370 court determines the person meets the criteria in subsection (1) 1371 and the removal of the registration requirement will not 1372 conflict with federal law that requires that the sexual act be 1373 consensual, notwithstanding the age of the victim, it may grant 1374 the motion and order the removal of the registration 1375 requirement. The court shall instruct the person to provide the 1376 department a certified copy of the order granting relief. If the 1377 court denies the motion, the person is not authorized under this 1378 section to file another motion for removal of the registration 1379 requirement. 1380 Section 5. Subsection (1) of section 944.606, Florida 1381 Statutes, is reordered and amended, and paragraph (a) of 1382 subsection (3) of that section is amended, to read: 1383 944.606 Sexual offenders; notification upon release.— 1384 (1) As used in this section, the term: 1385 (a) “Convicted” means there has been a determination of 1386 guilt as a result of a trial or the entry of a plea of guilty or 1387 nolo contendere, regardless of whether adjudication is withheld. 1388 A conviction for a similar offense includes, but is not limited 1389 to, a conviction by a federal or military tribunal, including 1390 courts-martial conducted by the Armed Forces of the United 1391 States, and includes a conviction or entry of a plea of guilty 1392 or nolo contendere resulting in a sanction in any state of the 1393 United States or other jurisdiction. A sanction includes, but is 1394 not limited to, a fine; probation; community control; parole; 1395 conditional release; control release; or incarceration in a 1396 state prison, federal prison, private correctional facility, or 1397 local detention facility. 1398 (f)(b)“Sexual offender” means a person who has been 1399 convicted of committing, or attempting, soliciting, or 1400 conspiring to commit, any of the criminal offenses proscribed in 1401 the following statutes in this state or similar offenses in 1402 another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 1403 s. 787.02, or s. 787.025(2)(c), where the victim is a minorand1404the defendant is not the victim’s parent or guardian; s. 1405 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 1406 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 1407 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 1408 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 1409 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s. 1410 985.701(1); or any similar offense committed in this state which 1411 has been redesignated from a former statute number to one of 1412 those listed in this subsection, when the department has 1413 received verified information regarding such conviction; an 1414 offender’s computerized criminal history record is not, in and 1415 of itself, verified information. 1416 (b)(c)“Electronic mail address” has the same meaning as 1417 provided in s. 668.602. 1418 (c)(d)“Internet identifier” has the same meaning as 1419 provided in s. 775.21. 1420 (d) “Permanent residence,” “temporary residence,” and 1421 “transient residence” have the same meaning as provided in s. 1422 775.21. 1423 (e) “Professional license” has the same meaning as provided 1424 in s. 775.21. 1425 (3)(a) The department shall provide information regarding 1426 any sexual offender who is being released after serving a period 1427 of incarceration for any offense, as follows: 1428 1. The department shall provide: the sexual offender’s 1429 name, any change in the offender’s name by reason of marriage or 1430 other legal process, and any alias, if known; the correctional 1431 facility from which the sexual offender is released; the sexual 1432 offender’s social security number, race, sex, date of birth, 1433 height, weight, and hair and eye color; tattoos or other 1434 identifying marks; 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 sentence and each crime for which the offender was 1441 sentenced; a copy of the offender’s fingerprints, palm prints, 1442 and a digitized photograph taken within 60 days before release; 1443 the date of release of the sexual offender; all electronic mail 1444 addresses and all Internet identifiers required to be provided 1445 pursuant to s. 943.0435(4)(e); employment information, if known, 1446 provided pursuant to s. 943.0435(4)(e); all home telephone 1447 numbers and cellular telephone numbers required to be provided 1448 pursuant to s. 943.0435(4)(e); information about any 1449 professional licenses the offender has, if known; and passport 1450 information, if he or she has a passport, and, if he or she is 1451 an alien, information about documents establishing his or her 1452 immigration status. The department shall notify the Department 1453 of Law Enforcement if the sexual offender escapes, absconds, or 1454 dies. If the sexual offender is in the custody of a private 1455 correctional facility, the facility shall take the digitized 1456 photograph of the sexual offender within 60 days before the 1457 sexual offender’s release and provide this photograph to the 1458 Department of Corrections and also place it in the sexual 1459 offender’s file. If the sexual offender is in the custody of a 1460 local jail, the custodian of the local jail shall register the 1461 offender within 3 business days after intake of the offender for 1462 any reason and upon release, and shall notify the Department of 1463 Law Enforcement of the sexual offender’s release and provide to 1464 the Department of Law Enforcement the information specified in 1465 this paragraph and any information specified in subparagraph 2. 1466 that the Department of Law Enforcement requests. 1467 2. The department may provide any other information deemed 1468 necessary, including criminal and corrections records, 1469 nonprivileged personnel and treatment records, when available. 1470 Section 6. Subsection (1) of section 944.607, Florida 1471 Statutes, is reordered and amended, and subsections (4) and (13) 1472 of that section are amended, to read: 1473 944.607 Notification to Department of Law Enforcement of 1474 information on sexual offenders.— 1475 (1) As used in this section, the term: 1476 (f)(a)“Sexual offender” means a person who is in the 1477 custody or control of, or under the supervision of, the 1478 department or is in the custody of a private correctional 1479 facility: 1480 1. On or after October 1, 1997, as a result of a conviction 1481 for committing, or attempting, soliciting, or conspiring to 1482 commit, any of the criminal offenses proscribed in the following 1483 statutes in this state or similar offenses in another 1484 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 1485 787.02, or s. 787.025(2)(c), where the victim is a minorand the1486defendant is not the victim’s parent or guardian; s. 1487 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 1488 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 1489 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 1490 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 1491 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s. 1492 985.701(1); or any similar offense committed in this state which 1493 has been redesignated from a former statute number to one of 1494 those listed in this paragraph; or 1495 2. Who establishes or maintains a residence in this state 1496 and who has not been designated as a sexual predator by a court 1497 of this state but who has been designated as a sexual predator, 1498 as a sexually violent predator, or by another sexual offender 1499 designation in another state or jurisdiction and was, as a 1500 result of such designation, subjected to registration or 1501 community or public notification, or both, or would be if the 1502 person were a resident of that state or jurisdiction, without 1503 regard as to whether the person otherwise meets the criteria for 1504 registration as a sexual offender. 1505 (g)(b)“Vehicles owned” has the same meaning as provided in 1506 s. 775.21. 1507 (b)(c)“Conviction” means a determination of guilt which is 1508 the result of a trial or the entry of a plea of guilty or nolo 1509 contendere, regardless of whether adjudication is withheld. 1510 Conviction of a similar offense includes, but is not limited to, 1511 a conviction by a federal or military tribunal, including 1512 courts-martial conducted by the Armed Forces of the United 1513 States, and includes a conviction or entry of a plea of guilty 1514 or nolo contendere resulting in a sanction in any state of the 1515 United States or other jurisdiction. A sanction includes, but is 1516 not limited to, a fine; probation; community control; parole; 1517 conditional release; control release; or incarceration in a 1518 state prison, federal prison, private correctional facility, or 1519 local detention facility. 1520 (d) “Institution of higher education” has the same meaning 1521 as provided in s. 775.21means a career center, community1522college, college, state university, or independent postsecondary1523institution. 1524 (a)(e)“Change inenrollment or employmentstatus at an 1525 institution of higher education” has the same meaning as 1526 provided in s. 775.21means the commencement or termination of1527enrollment or employment or a change in location of enrollment1528or employment. 1529 (c)(f)“Electronic mail address” has the same meaning as 1530 provided in s. 668.602. 1531 (e)(g)“Internet identifier” has the same meaning as 1532 provided in s. 775.21. 1533 (4) A sexual offender, as described in this section, who is 1534 under the supervision of the Department of Corrections but is 1535 not incarcerated shall register with the Department of 1536 Corrections within 3 business days after sentencing for a 1537 registrable offense and otherwise provide information as 1538 required by this subsection. 1539 (a) The sexual offender shall provide his or her name; date 1540 of birth; social security number; race; sex; height; weight; 1541 hair and eye color; tattoos or other identifying marks; all 1542 electronic mail addresses and Internet identifiers required to 1543 be provided pursuant to s. 943.0435(4)(e); employment 1544 information required to be provided pursuant to s. 1545 943.0435(4)(e); all home telephone numbers and cellular 1546 telephone numbers required to be provided pursuant to s. 1547 943.0435(4)(e); the make, model, color, vehicle identification 1548 number (VIN), and license tag number of all vehicles owned; 1549 permanent or legal residence and address of temporary residence 1550 within the state or out of state while the sexual offender is 1551 under supervision in this state, including any rural route 1552 address or post office box; if no permanent or temporary 1553 address, any transient residence within the state; and address, 1554 location or description, and dates of any current or known 1555 future temporary residence within the state or out of state. The 1556 sexual offender shall also produce his or her passport, if he or 1557 she has a passport, and, if he or she is an alien, shall produce 1558 or provide information about documents establishing his or her 1559 immigration status. The sexual offender shall also provide 1560 information about any professional licenses he or she has. The 1561 Department of Corrections shall verify the address of each 1562 sexual offender in the manner described in ss. 775.21 and 1563 943.0435. The department shall report to the Department of Law 1564 Enforcement any failure by a sexual predator or sexual offender 1565 to comply with registration requirements. 1566 (b) If the sexual offender is enrolled or,employed, 1567 whether for compensation or as a volunteervolunteering,or1568carrying on a vocationat an institution of higher education in 1569 this state, the sexual offender shall provide the name, address, 1570 and county of each institution, including each campus attended, 1571 and the sexual offender’s enrollment, volunteer, or employment 1572 status required to be provided pursuant to s. 943.0435(4)(e). 1573 Each change inenrollment, volunteer, or employmentstatus at an 1574 institution of higher education must be reported to the 1575 department within 48 hours after the change in status at an 1576 institution of higher education as provided pursuant to s. 1577 943.0435(4)(e). The Department of Corrections shall promptly 1578 notify each institution of the sexual offender’s presence and 1579 any change in the sexual offender’s enrollment, volunteer, or 1580 employment status. 1581 (c) A sexual offender shall report in person to the 1582 sheriff’s office within 48 hours after any change in vehicles 1583 owned to report those vehicle information changes. 1584 (13)(a) A sexual offender must report in person each year 1585 during the month of the sexual offender’s birthday and during 1586 the sixth month following the sexual offender’s birth month to 1587 the sheriff’s office in the county in which he or she resides or 1588 is otherwise located to reregister. 1589 (b) However, a sexual offender who is required to register 1590 as a result of a conviction for: 1591 1. Section 787.01 or s. 787.02 where the victim is a minor 1592and the offender is not the victim’s parent or guardian; 1593 2. Section 794.011, excluding s. 794.011(10); 1594 3. Section 800.04(4)(a)2. where the victim is under 12 1595 years of age or where the court finds sexual activity by the use 1596 of force or coercion; 1597 4. Section 800.04(5)(b); 1598 5. Section 800.04(5)(c)1. where the court finds molestation 1599 involving unclothed genitals or genital area; 1600 6. Section 800.04(5)(c)2. where the court finds molestation 1601 involving use of force or coercion and unclothed genitals or 1602 genital area; 1603 7. Section 800.04(5)(d) where the court finds the use of 1604 force or coercion and unclothed genitals or genital area; 1605 8. Section 825.1025(2)(a); 1606 9.8.Any attempt or conspiracy to commit such offense; 1607 10.9.A violation of a similar law of another jurisdiction; 1608 or 1609 11.10.A violation of a similar offense committed in this 1610 state which has been redesignated from a former statute number 1611 to one of those listed in this paragraph, 1612 1613 must reregister each year during the month of the sexual 1614 offender’s birthday and every third month thereafter. 1615 (c) The sheriff’s office may determine the appropriate 1616 times and days for reporting by the sexual offender, which must 1617 be consistent with the reporting requirements of this 1618 subsection. Reregistration must include any changes to the 1619 following information: 1620 1. Name; social security number; age; race; sex; date of 1621 birth; height; weight; tattoos or other identifying marks; hair 1622 and eye color; address of any permanent residence and address of 1623 any current temporary residence, within the state or out of 1624 state, including a rural route address and a post office box; if 1625 no permanent or temporary address, any transient residence; 1626 address, location or description, and dates of any current or 1627 known future temporary residence within the state or out of 1628 state; all electronic mail addresses and Internet identifiers 1629 required to be provided pursuant to s. 943.0435(4)(e); all home 1630 telephone numbers and cellular telephone numbers required to be 1631 provided pursuant to s. 943.0435(4)(e);date and place ofany1632 employment information required to be provided pursuant to s. 1633 943.0435(4)(e); the make, model, color, vehicle identification 1634 number (VIN), and license tag number of all vehicles owned; 1635 fingerprints; palm prints; and photograph. A post office box may 1636 not be provided in lieu of a physical residential address. The 1637 sexual offender shall also produce his or her passport, if he or 1638 she has a passport, and, if he or she is an alien, shall produce 1639 or provide information about documents establishing his or her 1640 immigration status. The sexual offender shall also provide 1641 information about any professional licenses he or she has. 1642 2. If the sexual offender is enrolled or,employed, whether 1643 for compensation or as a volunteervolunteering,or carrying on1644a vocationat an institution of higher education in this state, 1645 the sexual offender shall also provide to the department the 1646 name, address, and county of each institution, including each 1647 campus attended, and the sexual offender’s enrollment, 1648 volunteer, or employment status. 1649 3. If the sexual offender’s place of residence is a motor 1650 vehicle, trailer, mobile home, or manufactured home, as defined 1651 in chapter 320, the sexual offender shall also provide the 1652 vehicle identification number; the license tag number; the 1653 registration number; and a description, including color scheme, 1654 of the motor vehicle, trailer, mobile home, or manufactured 1655 home. If the sexual offender’s place of residence is a vessel, 1656 live-aboard vessel, or houseboat, as defined in chapter 327, the 1657 sexual offender shall also provide the hull identification 1658 number; the manufacturer’s serial number; the name of the 1659 vessel, live-aboard vessel, or houseboat; the registration 1660 number; and a description, including color scheme, of the 1661 vessel, live-aboard vessel or houseboat. 1662 4. Any sexual offender who fails to report in person as 1663 required at the sheriff’s office, who fails to respond to any 1664 address verification correspondence from the department within 3 1665 weeks of the date of the correspondence, who fails to report all 1666 electronic mail addresses or Internet identifiers beforeprior1667touse, or who knowingly provides false registration information 1668 by act or omission commits a felony of the third degree, 1669 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1670 (d) The sheriff’s office shall, within 2 working days, 1671 electronically submit and update all information provided by the 1672 sexual offender to the Department of Law Enforcement in a manner 1673 prescribed by that department. 1674 Section 7. Subsection (1) and paragraph (a) of subsection 1675 (3) of section 985.481, Florida Statutes, are amended to read: 1676 985.481 Sexual offenders adjudicated delinquent; 1677 notification upon release.— 1678 (1) As used in this section: 1679 (a) “Convicted” has the same meaning as provided in s. 1680 943.0435. 1681 (b) “Electronic mail address” has the same meaning as 1682 provided in s. 668.602. 1683 (c)(b)“Internet identifier” has the same meaning as 1684 provided in s. 775.21. 1685 (d) “Permanent residence,” “temporary residence,” and 1686 “transient residence” have the same meaning as provided in s. 1687 775.21. 1688 (e) “Professional license” has the same meaning as provided 1689 in s. 775.21. 1690 (f)(c)“Sexual offender” means a person who has been 1691 adjudicated delinquent as provided in s. 943.0435(1)(h)1.d.s.1692943.0435(1)(a)1.d.1693 (g)(d)“Vehicles owned” has the same meaning as provided in 1694 s. 775.21. 1695 (3)(a) The department shall provide information regarding 1696 any sexual offender who is being released after serving a period 1697 of residential commitment under the department for any offense, 1698 as follows: 1699 1. The department shall provide the sexual offender’s name, 1700 any change in the offender’s name by reason of marriage or other 1701 legal process, and any alias, if known; the correctional 1702 facility from which the sexual offender is released; the sexual 1703 offender’s social security number, race, sex, date of birth, 1704 height, weight, and hair and eye color; tattoos or other 1705 identifying marks; the make, model, color, vehicle 1706 identification number (VIN), and license tag number of all 1707 vehicles owned; address of any planned permanent residence or 1708 temporary residence, within the state or out of state, including 1709 a rural route address and a post office box; if no permanent or 1710 temporary address, any transient residence within the state; 1711 address, location or description, and dates of any known future 1712 temporary residence within the state or out of state; date and 1713 county of disposition and each crime for which there was a 1714 disposition; a copy of the offender’s fingerprints, palm prints, 1715 and a digitized photograph taken within 60 days before release; 1716 the date of release of the sexual offender; all home telephone 1717 numbers and cellular telephone numbers required to be provided 1718 pursuant to s. 943.0435(4)(e); all electronic mail addresses and 1719 Internet identifiers required to be provided pursuant to s. 1720 943.0435(4)(e); information about any professional licenses the 1721 offender has, if known; and passport information, if he or she 1722 has a passport, and, if he or she is an alien, information about 1723 documents establishing his or her immigration status. The 1724 department shall notify the Department of Law Enforcement if the 1725 sexual offender escapes, absconds, or dies. If the sexual 1726 offender is in the custody of a private correctional facility, 1727 the facility shall take the digitized photograph of the sexual 1728 offender within 60 days before the sexual offender’s release and 1729 also place it in the sexual offender’s file. If the sexual 1730 offender is in the custody of a local jail, the custodian of the 1731 local jail shall register the offender within 3 business days 1732 after intake of the offender for any reason and upon release, 1733 and shall notify the Department of Law Enforcement of the sexual 1734 offender’s release and provide to the Department of Law 1735 Enforcement the information specified in this subparagraph and 1736 any information specified in subparagraph 2. which the 1737 Department of Law Enforcement requests. 1738 2. The department may provide any other information 1739 considered necessary, including criminal and delinquency 1740 records, when available. 1741 Section 8. Subsections (1), (4), and (13) of section 1742 985.4815, Florida Statutes, are amended, and paragraph (c) of 1743 subsection (10) is republished, to read: 1744 985.4815 Notification to Department of Law Enforcement of 1745 information on juvenile sexual offenders.— 1746 (1) As used in this section, the term: 1747 (a) “Change inenrollment or employmentstatus at an 1748 institution of higher education” has the same meaning as 1749 provided in s. 775.21means the commencement or termination of1750enrollment or employment or a change in location of enrollment1751or employment. 1752 (b) “Conviction” has the same meaning as provided in s. 1753 943.0435. 1754 (c) “Electronic mail address” has the same meaning as 1755 provided in s. 668.602. 1756 (d)(c)“Institution of higher education” has the same 1757 meaning as provided in s. 775.21means a career center,1758community college, college, state university, or independent1759postsecondary institution. 1760 (e)(d)“Internet identifier” has the same meaning as 1761 provided in s. 775.21. 1762 (f) “Permanent residence,” “temporary residence,” and 1763 “transient residence” have the same meaning as provided in s. 1764 775.21. 1765 (g) “Professional license” has the same meaning as provided 1766 in s. 775.21. 1767 (h)(e)“Sexual offender” means a person who is in the care 1768 or custody or under the jurisdiction or supervision of the 1769 department or is in the custody of a private correctional 1770 facility and who: 1771 1. Has been adjudicated delinquent as provided in s. 1772 943.0435(1)(h)1.d.s. 943.0435(1)(a)1.d.; or 1773 2. Establishes or maintains a residence in this state and 1774 has not been designated as a sexual predator by a court of this 1775 state but has been designated as a sexual predator, as a 1776 sexually violent predator, or by another sexual offender 1777 designation in another state or jurisdiction and was, as a 1778 result of such designation, subjected to registration or 1779 community or public notification, or both, or would be if the 1780 person were a resident of that state or jurisdiction, without 1781 regard to whether the person otherwise meets the criteria for 1782 registration as a sexual offender. 1783 (i)(f)“Vehicles owned” has the same meaning as provided in 1784 s. 775.21. 1785 (4) A sexual offender, as described in this section, who is 1786 under the supervision of the department but who is not committed 1787 shall register with the department within 3 business days after 1788 adjudication and disposition for a registrable offense and 1789 otherwise provide information as required by this subsection. 1790 (a) The sexual offender shall provide his or her name; date 1791 of birth; social security number; race; sex; height; weight; 1792 hair and eye color; tattoos or other identifying marks; the 1793 make, model, color, vehicle identification number (VIN), and 1794 license tag number of all vehicles owned; permanent or legal 1795 residence and address of temporary residence within the state or 1796 out of state while the sexual offender is in the care or custody 1797 or under the jurisdiction or supervision of the department in 1798 this state, including any rural route address or post office 1799 box; if no permanent or temporary address, any transient 1800 residence; address, location or description, and dates of any 1801 current or known future temporary residence within the state or 1802 out of state; all home telephone numbers and cellular telephone 1803 numbers required to be provided pursuant to s. 943.0435(4)(e); 1804 all electronic mail addresses and Internet identifiers required 1805 to be provided pursuant to s. 943.0435(4)(e); and the name and 1806 address of each school attended. The sexual offender shall also 1807 produce his or her passport, if he or she has a passport, and, 1808 if he or she is an alien, shall produce or provide information 1809 about documents establishing his or her immigration status. The 1810 offender shall also provide information about any professional 1811 licenses he or she has. The department shall verify the address 1812 of each sexual offender and shall report to the Department of 1813 Law Enforcement any failure by a sexual offender to comply with 1814 registration requirements. 1815 (b) If the sexual offender is enrolled or,employed, 1816 whether for compensation or as a volunteervolunteering,or1817carrying on a vocationat an institution of higher education in 1818 this state, the sexual offender shall provide the name, address, 1819 and county of each institution, including each campus attended, 1820 and the sexual offender’s enrollment, volunteer, or employment 1821 status. Each change inenrollment, volunteer, or employment1822 status at an institution of higher education must be reported to 1823 the department within 48 hours after the change in status at an 1824 institution of higher education. The department shall promptly 1825 notify each institution of the sexual offender’s presence and 1826 any change in the sexual offender’s enrollment, volunteer, or 1827 employment status. 1828 (c) A sexual offender shall report in person to the 1829 sheriff’s office within 48 hours after any change in vehicles 1830 owned to report those vehicle information changes. 1831 (10) 1832 (c) An arrest on charges of failure to register when the 1833 offender has been provided and advised of his or her statutory 1834 obligations to register under s. 943.0435(2), the service of an 1835 information or a complaint for a violation of this section, or 1836 an arraignment on charges for a violation of this section 1837 constitutes actual notice of the duty to register. A sexual 1838 offender’s failure to immediately register as required by this 1839 section following such arrest, service, or arraignment 1840 constitutes grounds for a subsequent charge of failure to 1841 register. A sexual offender charged with the crime of failure to 1842 register who asserts, or intends to assert, a lack of notice of 1843 the duty to register as a defense to a charge of failure to 1844 register shall immediately register as required by this section. 1845 A sexual offender who is charged with a subsequent failure to 1846 register may not assert the defense of a lack of notice of the 1847 duty to register. 1848 (13)(a) A sexual offender must report in person each year 1849 during the month of the sexual offender’s birthday and during 1850 every third month thereafter to the sheriff’s office in the 1851 county in which he or she resides or is otherwise located to 1852 reregister. 1853 (b) The sheriff’s office may determine the appropriate 1854 times and days for reporting by the sexual offender, which must 1855 be consistent with the reporting requirements of this 1856 subsection. Reregistration must include any changes to the 1857 following information: 1858 1. Name; social security number; age; race; sex; date of 1859 birth; height; weight; hair and eye color; tattoos or other 1860 identifying marks; fingerprints; palm prints; address of any 1861 permanent residence and address of any current temporary 1862 residence, within the state or out of state, including a rural 1863 route address and a post office box; if no permanent or 1864 temporary address, any transient residence; address, location or 1865 description, and dates of any current or known future temporary 1866 residence within the state or out of state; passport 1867 information, if he or she has a passport, and, if he or she is 1868 an alien, information about documents establishing his or her 1869 immigration status; all home telephone numbers and cellular 1870 telephone numbers required to be provided pursuant to s. 1871 943.0435(4)(e); all electronic mail addresses and Internet 1872 identifiers required to be provided pursuant to s. 1873 943.0435(4)(e); name and address of each school attended;date1874and place of anyemployment information required to be provided 1875 pursuant to s. 943.0435(4)(e); the make, model, color, vehicle 1876 identification number (VIN), and license tag number of all 1877 vehicles owned; and photograph. A post office box may not be 1878 provided in lieu of a physical residential address. The offender 1879 shall also provide information about any professional licenses 1880 he or she has. 1881 2. If the sexual offender is enrolled or,employed, whether 1882 for compensation or as a volunteervolunteering,or carrying on1883a vocationat an institution of higher education in this state, 1884 the sexual offender shall also provide to the department the 1885 name, address, and county of each institution, including each 1886 campus attended, and the sexual offender’s enrollment, 1887 volunteer, or employment status. 1888 3. If the sexual offender’s place of residence is a motor 1889 vehicle, trailer, mobile home, or manufactured home, as defined 1890 in chapter 320, the sexual offender shall also provide the 1891 vehicle identification number; the license tag number; the 1892 registration number; and a description, including color scheme, 1893 of the motor vehicle, trailer, mobile home, or manufactured 1894 home. If the sexual offender’s place of residence is a vessel, 1895 live-aboard vessel, or houseboat, as defined in chapter 327, the 1896 sexual offender shall also provide the hull identification 1897 number; the manufacturer’s serial number; the name of the 1898 vessel, live-aboard vessel, or houseboat; the registration 1899 number; and a description, including color scheme, of the 1900 vessel, live-aboard vessel, or houseboat. 1901 4. Any sexual offender who fails to report in person as 1902 required at the sheriff’s office, who fails to respond to any 1903 address verification correspondence from the department within 3 1904 weeks after the date of the correspondence, or who knowingly 1905 provides false registration information by act or omission 1906 commits a felony of the third degree, punishable as provided in 1907 ss. 775.082, 775.083, and 775.084. 1908 (c) The sheriff’s office shall, within 2 working days, 1909 electronically submit and update all information provided by the 1910 sexual offender to the Department of Law Enforcement in a manner 1911 prescribed by that department. 1912 Section 9. Paragraph (b) of subsection (1) of section 1913 92.55, Florida Statutes, is amended to read: 1914 92.55 Judicial or other proceedings involving victim or 1915 witness under the age of 16, a person who has an intellectual 1916 disability, or a sexual offense victim or witness; special 1917 protections; use of registered service or therapy animals.— 1918 (1) For purposes of this section, the term: 1919 (b) “Sexual offense” means any offense specified in s. 1920 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I)s.1921943.0435(1)(a)1.a.(I). 1922 Section 10. Subsection (2) of section 775.0862, Florida 1923 Statutes, is amended to read: 1924 775.0862 Sexual offenses against students by authority 1925 figures; reclassification.— 1926 (2) The felony degree of a violation of an offense listed 1927 in s. 943.0435(1)(h)1.a.s. 943.0435(1)(a)1.a., unless the 1928 offense is a violation of s. 794.011(4)(e)7. or s. 1929 810.145(8)(a)2., shall be reclassified as provided in this 1930 section if the offense is committed by an authority figure of a 1931 school against a student of the school. 1932 Section 11. Subsection (3) of section 943.0515, Florida 1933 Statutes, is amended to read: 1934 943.0515 Retention of criminal history records of minors.— 1935 (3) Notwithstanding any other provision of this section, 1936 the Criminal Justice Information Program shall retain the 1937 criminal history record of a minor adjudicated delinquent for a 1938 violation committed on or after July 1, 2007, as provided in s. 1939 943.0435(1)(h)1.d.s. 943.0435(1)(a)1.d.Such records may not be 1940 destroyed and must be merged with the person’s adult criminal 1941 history record and retained as a part of the person’s adult 1942 record. 1943 Section 12. Subsection (12) of section 947.1405, Florida 1944 Statutes, is amended to read: 1945 947.1405 Conditional release program.— 1946 (12) In addition to all other conditions imposed, for a 1947 releasee who is subject to conditional release for a crime that 1948 was committed on or after May 26, 2010, and who has been 1949 convicted at any time of committing, or attempting, soliciting, 1950 or conspiring to commit, any of the criminal offenses listed in 1951 s. 943.0435(1)(h)1.a.(I)s. 943.0435(1)(a)1.a.(I), or a similar 1952 offense in another jurisdiction against a victim who was under 1953 18 years of age at the time of the offense, if the releasee has 1954 not received a pardon for any felony or similar law of another 1955 jurisdiction necessary for the operation of this subsection, if 1956 a conviction of a felony or similar law of another jurisdiction 1957 necessary for the operation of this subsection has not been set 1958 aside in any postconviction proceeding, or if the releasee has 1959 not been removed from the requirement to register as a sexual 1960 offender or sexual predator pursuant to s. 943.04354, the 1961 commission must impose the following conditions: 1962 (a) A prohibition on visiting schools, child care 1963 facilities, parks, and playgrounds without prior approval from 1964 the releasee’s supervising officer. The commission may also 1965 designate additional prohibited locations to protect a victim. 1966 The prohibition ordered under this paragraph does not prohibit 1967 the releasee from visiting a school, child care facility, park, 1968 or playground for the sole purpose of attending a religious 1969 service as defined in s. 775.0861 or picking up or dropping off 1970 the releasee’s child or grandchild at a child care facility or 1971 school. 1972 (b) A prohibition on distributing candy or other items to 1973 children on Halloween; wearing a Santa Claus costume, or other 1974 costume to appeal to children, on or preceding Christmas; 1975 wearing an Easter Bunny costume, or other costume to appeal to 1976 children, on or preceding Easter; entertaining at children’s 1977 parties; or wearing a clown costume without prior approval from 1978 the commission. 1979 Section 13. Subsection (4) of section 948.30, Florida 1980 Statutes, is amended to read: 1981 948.30 Additional terms and conditions of probation or 1982 community control for certain sex offenses.—Conditions imposed 1983 pursuant to this section do not require oral pronouncement at 1984 the time of sentencing and shall be considered standard 1985 conditions of probation or community control for offenders 1986 specified in this section. 1987 (4) In addition to all other conditions imposed, for a 1988 probationer or community controllee who is subject to 1989 supervision for a crime that was committed on or after May 26, 1990 2010, and who has been convicted at any time of committing, or 1991 attempting, soliciting, or conspiring to commit, any of the 1992 criminal offenses listed in s. 943.0435(1)(h)1.a.(I)s.1993943.0435(1)(a)1.a.(I), or a similar offense in another 1994 jurisdiction, against a victim who was under the age of 18 at 1995 the time of the offense; if the offender has not received a 1996 pardon for any felony or similar law of another jurisdiction 1997 necessary for the operation of this subsection, if a conviction 1998 of a felony or similar law of another jurisdiction necessary for 1999 the operation of this subsection has not been set aside in any 2000 postconviction proceeding, or if the offender has not been 2001 removed from the requirement to register as a sexual offender or 2002 sexual predator pursuant to s. 943.04354, the court must impose 2003 the following conditions: 2004 (a) A prohibition on visiting schools, child care 2005 facilities, parks, and playgrounds, without prior approval from 2006 the offender’s supervising officer. The court may also designate 2007 additional locations to protect a victim. The prohibition 2008 ordered under this paragraph does not prohibit the offender from 2009 visiting a school, child care facility, park, or playground for 2010 the sole purpose of attending a religious service as defined in 2011 s. 775.0861 or picking up or dropping off the offender’s 2012 children or grandchildren at a child care facility or school. 2013 (b) A prohibition on distributing candy or other items to 2014 children on Halloween; wearing a Santa Claus costume, or other 2015 costume to appeal to children, on or preceding Christmas; 2016 wearing an Easter Bunny costume, or other costume to appeal to 2017 children, on or preceding Easter; entertaining at children’s 2018 parties; or wearing a clown costume; without prior approval from 2019 the court. 2020 Section 14. Section 948.31, Florida Statutes, is amended to 2021 read: 2022 948.31 Evaluation and treatment of sexual predators and 2023 offenders on probation or community control.—The court may 2024 require any probationer or community controllee who is required 2025 to register as a sexual predator under s. 775.21 or sexual 2026 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo 2027 an evaluation, at the probationer or community controllee’s 2028 expense, by a qualified practitioner to determine whether such 2029 probationer or community controllee needs sexual offender 2030 treatment. If the qualified practitioner determines that sexual 2031 offender treatment is needed and recommends treatment, the 2032 probationer or community controllee must successfully complete 2033 and pay for the treatment. Such treatment must be obtained from 2034 a qualified practitioner as defined in s. 948.001. Treatment may 2035 not be administered by a qualified practitioner who has been 2036 convicted or adjudicated delinquent of committing, or 2037 attempting, soliciting, or conspiring to commit, any offense 2038 that is listed in s. 943.0435(1)(h)1.a.(I)s.2039943.0435(1)(a)1.a.(I). 2040 Section 15. Subsection (4) of section 1012.315, Florida 2041 Statutes, is amended to read: 2042 1012.315 Disqualification from employment.—A person is 2043 ineligible for educator certification, and instructional 2044 personnel and school administrators, as defined in s. 1012.01, 2045 are ineligible for employment in any position that requires 2046 direct contact with students in a district school system, 2047 charter school, or private school that accepts scholarship 2048 students under s. 1002.39 or s. 1002.395, if the person, 2049 instructional personnel, or school administrator has been 2050 convicted of: 2051 (4) Any delinquent act committed in this state or any 2052 delinquent or criminal act committed in another state or under 2053 federal law which, if committed in this state, qualifies an 2054 individual for inclusion on the Registered Juvenile Sex Offender 2055 List under s. 943.0435(1)(h)1.d.s. 943.0435(1)(a)1.d.2056 Section 16. Paragraph (g) of subsection (2) of section 2057 1012.467, Florida Statutes, is amended to read: 2058 1012.467 Noninstructional contractors who are permitted 2059 access to school grounds when students are present; background 2060 screening requirements.— 2061 (2) 2062 (g) A noninstructional contractor for whom a criminal 2063 history check is required under this section may not have been 2064 convicted of any of the following offenses designated in the 2065 Florida Statutes, any similar offense in another jurisdiction, 2066 or any similar offense committed in this state which has been 2067 redesignated from a former provision of the Florida Statutes to 2068 one of the following offenses: 2069 1. Any offense listed in s. 943.0435(1)(h)1.s.2070943.0435(1)(a)1., relating to the registration of an individual 2071 as a sexual offender. 2072 2. Section 393.135, relating to sexual misconduct with 2073 certain developmentally disabled clients and the reporting of 2074 such sexual misconduct. 2075 3. Section 394.4593, relating to sexual misconduct with 2076 certain mental health patients and the reporting of such sexual 2077 misconduct. 2078 4. Section 775.30, relating to terrorism. 2079 5. Section 782.04, relating to murder. 2080 6. Section 787.01, relating to kidnapping. 2081 7. Any offense under chapter 800, relating to lewdness and 2082 indecent exposure. 2083 8. Section 826.04, relating to incest. 2084 9. Section 827.03, relating to child abuse, aggravated 2085 child abuse, or neglect of a child. 2086 Section 17. For the purpose of incorporating the amendment 2087 made by this act to section 775.21, Florida Statutes, in a 2088 reference thereto, section 938.085, Florida Statutes, is 2089 reenacted to read: 2090 938.085 Additional cost to fund rape crisis centers.—In 2091 addition to any sanction imposed when a person pleads guilty or 2092 nolo contendere to, or is found guilty of, regardless of 2093 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and 2094 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; 2095 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 2096 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 2097 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 2098 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 2099 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 2100 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 2101 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 2102 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and 2103 (14)(c); or s. 985.701(1), the court shall impose a surcharge of 2104 $151. Payment of the surcharge shall be a condition of 2105 probation, community control, or any other court-ordered 2106 supervision. The sum of $150 of the surcharge shall be deposited 2107 into the Rape Crisis Program Trust Fund established within the 2108 Department of Health by chapter 2003-140, Laws of Florida. The 2109 clerk of the court shall retain $1 of each surcharge that the 2110 clerk of the court collects as a service charge of the clerk’s 2111 office. 2112 Section 18. For the purpose of incorporating the amendments 2113 made by this act to sections 775.21 and 943.0435, Florida 2114 Statutes, in references thereto, subsection (1) of section 2115 794.056, Florida Statutes, is reenacted to read: 2116 794.056 Rape Crisis Program Trust Fund.— 2117 (1) The Rape Crisis Program Trust Fund is created within 2118 the Department of Health for the purpose of providing funds for 2119 rape crisis centers in this state. Trust fund moneys shall be 2120 used exclusively for the purpose of providing services for 2121 victims of sexual assault. Funds credited to the trust fund 2122 consist of those funds collected as an additional court 2123 assessment in each case in which a defendant pleads guilty or 2124 nolo contendere to, or is found guilty of, regardless of 2125 adjudication, an offense provided in s. 775.21(6) and (10)(a), 2126 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 2127 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 2128 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 2129 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; 2130 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 2131 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 2132 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s. 2133 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 2134 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), 2135 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust 2136 fund also shall include revenues provided by law, moneys 2137 appropriated by the Legislature, and grants from public or 2138 private entities. 2139 Section 19. For the purpose of incorporating the amendments 2140 made by this act to sections 775.21, 943.0435, 944.607, and 2141 985.4815, Florida Statutes, in references thereto, paragraph (g) 2142 of subsection (3) of section 921.0022, Florida Statutes, is 2143 reenacted to read: 2144 921.0022 Criminal Punishment Code; offense severity ranking 2145 chart.— 2146 (3) OFFENSE SEVERITY RANKING CHART 2147 (g) LEVEL 7 2148 2149 FloridaStatute FelonyDegree Description 2150 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 2151 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 2152 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. 2153 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 2154 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 2155 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 2156 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 2157 456.065(2) 3rd Practicing a health care profession without a license. 2158 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 2159 458.327(1) 3rd Practicing medicine without a license. 2160 459.013(1) 3rd Practicing osteopathic medicine without a license. 2161 460.411(1) 3rd Practicing chiropractic medicine without a license. 2162 461.012(1) 3rd Practicing podiatric medicine without a license. 2163 462.17 3rd Practicing naturopathy without a license. 2164 463.015(1) 3rd Practicing optometry without a license. 2165 464.016(1) 3rd Practicing nursing without a license. 2166 465.015(2) 3rd Practicing pharmacy without a license. 2167 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 2168 467.201 3rd Practicing midwifery without a license. 2169 468.366 3rd Delivering respiratory care services without a license. 2170 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 2171 483.901(9) 3rd Practicing medical physics without a license. 2172 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 2173 484.053 3rd Dispensing hearing aids without a license. 2174 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 2175 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. 2176 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 2177 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 2178 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 2179 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 2180 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 2181 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 2182 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 2183 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 2184 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 2185 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 2186 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 2187 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 2188 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 2189 784.048(7) 3rd Aggravated stalking; violation of court order. 2190 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 2191 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 2192 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 2193 784.081(1) 1st Aggravated battery on specified official or employee. 2194 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 2195 784.083(1) 1st Aggravated battery on code inspector. 2196 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 2197 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state. 2198 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 2199 790.16(1) 1st Discharge of a machine gun under specified circumstances. 2200 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 2201 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 2202 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 2203 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 2204 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 2205 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. 2206 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 2207 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 2208 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 2209 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older. 2210 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 2211 806.01(2) 2nd Maliciously damage structure by fire or explosive. 2212 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 2213 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 2214 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 2215 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 2216 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. 2217 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 2218 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 2219 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 2220 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 2221 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 2222 812.131(2)(a) 2nd Robbery by sudden snatching. 2223 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 2224 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 2225 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 2226 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 2227 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 2228 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. 2229 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 2230 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 2231 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000. 2232 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 2233 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 2234 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 2235 838.015 2nd Bribery. 2236 838.016 2nd Unlawful compensation or reward for official behavior. 2237 838.021(3)(a) 2nd Unlawful harm to a public servant. 2238 838.22 2nd Bid tampering. 2239 843.0855(2) 3rd Impersonation of a public officer or employee. 2240 843.0855(3) 3rd Unlawful simulation of legal process. 2241 843.0855(4) 3rd Intimidation of a public officer or employee. 2242 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 2243 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 2244 872.06 2nd Abuse of a dead human body. 2245 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 2246 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 2247 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. 2248 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. 2249 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). 2250 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 2251 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 2252 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 2253 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams. 2254 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 2255 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 2256 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 2257 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams. 2258 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. 2259 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams. 2260 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 2261 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 2262 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 2263 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 2264 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 2265 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 2266 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 2267 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 2268 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 2269 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 2270 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2271 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2272 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 2273 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 2274 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2275 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2276 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 2277 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2278 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2279 Section 20. For the purpose of incorporating the amendments 2280 made by this act to sections 775.21, 943.0435, 944.606, 944.607, 2281 985.481, and 985.4815, Florida Statutes, in references thereto, 2282 paragraph (b) of subsection (6) of section 985.04, Florida 2283 Statutes, is reenacted to read: 2284 985.04 Oaths; records; confidential information.— 2285 (6) 2286 (b) Sexual offender and predator registration information 2287 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481, 2288 and 985.4815 is a public record pursuant to s. 119.07(1) and as 2289 otherwise provided by law. 2290 Section 21. For the purpose of incorporating the amendments 2291 made by this act to sections 775.21, 943.0435, and 944.607, 2292 Florida Statutes, in references thereto, subsections (3) and (4) 2293 of section 322.141, Florida Statutes, are reenacted to read: 2294 322.141 Color or markings of certain licenses or 2295 identification cards.— 2296 (3) All licenses for the operation of motor vehicles or 2297 identification cards originally issued or reissued by the 2298 department to persons who are designated as sexual predators 2299 under s. 775.21 or subject to registration as sexual offenders 2300 under s. 943.0435 or s. 944.607, or who have a similar 2301 designation or are subject to a similar registration under the 2302 laws of another jurisdiction, shall have on the front of the 2303 license or identification card the following: 2304 (a) For a person designated as a sexual predator under s. 2305 775.21 or who has a similar designation under the laws of 2306 another jurisdiction, the marking “SEXUAL PREDATOR.” 2307 (b) For a person subject to registration as a sexual 2308 offender under s. 943.0435 or s. 944.607, or subject to a 2309 similar registration under the laws of another jurisdiction, the 2310 marking “943.0435, F.S.” 2311 (4) Unless previously secured or updated, each sexual 2312 offender and sexual predator shall report to the department 2313 during the month of his or her reregistration as required under 2314 s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in order to 2315 obtain an updated or renewed driver license or identification 2316 card as required by subsection (3). 2317 Section 22. For the purpose of incorporating the amendments 2318 made by this act to sections 775.21, 943.0435, and 944.607, 2319 Florida Statutes, in references thereto, subsection (4) of 2320 section 948.06, Florida Statutes, is reenacted to read: 2321 948.06 Violation of probation or community control; 2322 revocation; modification; continuance; failure to pay 2323 restitution or cost of supervision.— 2324 (4) Notwithstanding any other provision of this section, a 2325 felony probationer or an offender in community control who is 2326 arrested for violating his or her probation or community control 2327 in a material respect may be taken before the court in the 2328 county or circuit in which the probationer or offender was 2329 arrested. That court shall advise him or her of the charge of a 2330 violation and, if such charge is admitted, shall cause him or 2331 her to be brought before the court that granted the probation or 2332 community control. If the violation is not admitted by the 2333 probationer or offender, the court may commit him or her or 2334 release him or her with or without bail to await further 2335 hearing. However, if the probationer or offender is under 2336 supervision for any criminal offense proscribed in chapter 794, 2337 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 2338 registered sexual predator or a registered sexual offender, or 2339 is under supervision for a criminal offense for which he or she 2340 would meet the registration criteria in s. 775.21, s. 943.0435, 2341 or s. 944.607 but for the effective date of those sections, the 2342 court must make a finding that the probationer or offender is 2343 not a danger to the public prior to release with or without 2344 bail. In determining the danger posed by the offender’s or 2345 probationer’s release, the court may consider the nature and 2346 circumstances of the violation and any new offenses charged; the 2347 offender’s or probationer’s past and present conduct, including 2348 convictions of crimes; any record of arrests without conviction 2349 for crimes involving violence or sexual crimes; any other 2350 evidence of allegations of unlawful sexual conduct or the use of 2351 violence by the offender or probationer; the offender’s or 2352 probationer’s family ties, length of residence in the community, 2353 employment history, and mental condition; his or her history and 2354 conduct during the probation or community control supervision 2355 from which the violation arises and any other previous 2356 supervisions, including disciplinary records of previous 2357 incarcerations; the likelihood that the offender or probationer 2358 will engage again in a criminal course of conduct; the weight of 2359 the evidence against the offender or probationer; and any other 2360 facts the court considers relevant. The court, as soon as is 2361 practicable, shall give the probationer or offender an 2362 opportunity to be fully heard on his or her behalf in person or 2363 by counsel. After the hearing, the court shall make findings of 2364 fact and forward the findings to the court that granted the 2365 probation or community control and to the probationer or 2366 offender or his or her attorney. The findings of fact by the 2367 hearing court are binding on the court that granted the 2368 probation or community control. Upon the probationer or offender 2369 being brought before it, the court that granted the probation or 2370 community control may revoke, modify, or continue the probation 2371 or community control or may place the probationer into community 2372 control as provided in this section. However, the probationer or 2373 offender shall not be released and shall not be admitted to 2374 bail, but shall be brought before the court that granted the 2375 probation or community control if any violation of felony 2376 probation or community control other than a failure to pay costs 2377 or fines or make restitution payments is alleged to have been 2378 committed by: 2379 (a) A violent felony offender of special concern, as 2380 defined in this section; 2381 (b) A person who is on felony probation or community 2382 control for any offense committed on or after the effective date 2383 of this act and who is arrested for a qualifying offense as 2384 defined in this section; or 2385 (c) A person who is on felony probation or community 2386 control and has previously been found by a court to be a 2387 habitual violent felony offender as defined in s. 775.084(1)(b), 2388 a three-time violent felony offender as defined in s. 2389 775.084(1)(c), or a sexual predator under s. 775.21, and who is 2390 arrested for committing a qualifying offense as defined in this 2391 section on or after the effective date of this act. 2392 Section 23. For the purpose of incorporating the amendments 2393 made by this act to sections 775.21, 943.0435, and 944.607, 2394 Florida Statutes, in references thereto, section 948.063, 2395 Florida Statutes, is reenacted to read: 2396 948.063 Violations of probation or community control by 2397 designated sexual offenders and sexual predators.— 2398 (1) If probation or community control for any felony 2399 offense is revoked by the court pursuant to s. 948.06(2)(e) and 2400 the offender is designated as a sexual offender pursuant to s. 2401 943.0435 or s. 944.607 or as a sexual predator pursuant to s. 2402 775.21 for unlawful sexual activity involving a victim 15 years 2403 of age or younger and the offender is 18 years of age or older, 2404 and if the court imposes a subsequent term of supervision 2405 following the revocation of probation or community control, the 2406 court must order electronic monitoring as a condition of the 2407 subsequent term of probation or community control. 2408 (2) If the probationer or offender is required to register 2409 as a sexual predator under s. 775.21 or as a sexual offender 2410 under s. 943.0435 or s. 944.607 for unlawful sexual activity 2411 involving a victim 15 years of age or younger and the 2412 probationer or offender is 18 years of age or older and has 2413 violated the conditions of his or her probation or community 2414 control, but the court does not revoke the probation or 2415 community control, the court shall nevertheless modify the 2416 probation or community control to include electronic monitoring 2417 for any probationer or offender not then subject to electronic 2418 monitoring. 2419 Section 24. For the purpose of incorporating the amendment 2420 made by this act to section 943.0435, Florida Statutes, in a 2421 reference thereto, paragraph (c) of subsection (10) of section 2422 944.607, Florida Statutes, is reenacted to read: 2423 944.607 Notification to Department of Law Enforcement of 2424 information on sexual offenders.— 2425 (10) 2426 (c) An arrest on charges of failure to register when the 2427 offender has been provided and advised of his or her statutory 2428 obligations to register under s. 943.0435(2), the service of an 2429 information or a complaint for a violation of this section, or 2430 an arraignment on charges for a violation of this section 2431 constitutes actual notice of the duty to register. A sexual 2432 offender’s failure to immediately register as required by this 2433 section following such arrest, service, or arraignment 2434 constitutes grounds for a subsequent charge of failure to 2435 register. A sexual offender charged with the crime of failure to 2436 register who asserts, or intends to assert, a lack of notice of 2437 the duty to register as a defense to a charge of failure to 2438 register shall immediately register as required by this section. 2439 A sexual offender who is charged with a subsequent failure to 2440 register may not assert the defense of a lack of notice of the 2441 duty to register. 2442 Section 25. For the purpose of incorporating the amendment 2443 made by this act to section 943.04354, Florida Statutes, in a 2444 reference thereto, subsection (2) of section 397.4872, Florida 2445 Statutes, is reenacted to read: 2446 397.4872 Exemption from disqualification; publication.— 2447 (2) The department may exempt a person from ss. 397.487(6) 2448 and 397.4871(5) if it has been at least 3 years since the person 2449 has completed or been lawfully released from confinement, 2450 supervision, or sanction for the disqualifying offense. An 2451 exemption from the disqualifying offenses may not be given under 2452 any circumstances for any person who is a: 2453 (a) Sexual predator pursuant to s. 775.21; 2454 (b) Career offender pursuant to s. 775.261; or 2455 (c) Sexual offender pursuant to s. 943.0435, unless the 2456 requirement to register as a sexual offender has been removed 2457 pursuant to s. 943.04354. 2458 Section 26. For the purpose of incorporating the amendment 2459 made by this act to section 943.04354, Florida Statutes, in a 2460 reference thereto, paragraph (b) of subsection (4) of section 2461 435.07, Florida Statutes, is reenacted to read: 2462 435.07 Exemptions from disqualification.—Unless otherwise 2463 provided by law, the provisions of this section apply to 2464 exemptions from disqualification for disqualifying offenses 2465 revealed pursuant to background screenings required under this 2466 chapter, regardless of whether those disqualifying offenses are 2467 listed in this chapter or other laws. 2468 (4) 2469 (b) Disqualification from employment under this chapter may 2470 not be removed from, nor may an exemption be granted to, any 2471 person who is a: 2472 1. Sexual predator as designated pursuant to s. 775.21; 2473 2. Career offender pursuant to s. 775.261; or 2474 3. Sexual offender pursuant to s. 943.0435, unless the 2475 requirement to register as a sexual offender has been removed 2476 pursuant to s. 943.04354. 2477 Section 27. For the purpose of incorporating the amendments 2478 made by this act to sections 944.606 and 944.607, Florida 2479 Statutes, in references thereto, section 775.25, Florida 2480 Statutes, is reenacted to read: 2481 775.25 Prosecutions for acts or omissions.—A sexual 2482 predator or sexual offender who commits any act or omission in 2483 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 2484 944.607, or former s. 947.177 may be prosecuted for the act or 2485 omission in the county in which the act or omission was 2486 committed, in the county of the last registered address of the 2487 sexual predator or sexual offender, in the county in which the 2488 conviction occurred for the offense or offenses that meet the 2489 criteria for designating a person as a sexual predator or sexual 2490 offender, in the county where the sexual predator or sexual 2491 offender was released from incarceration, or in the county of 2492 the intended address of the sexual predator or sexual offender 2493 as reported by the predator or offender prior to his or her 2494 release from incarceration. In addition, a sexual predator may 2495 be prosecuted for any such act or omission in the county in 2496 which he or she was designated a sexual predator. 2497 Section 28. For the purpose of incorporating the amendment 2498 made by this act to section 944.607, Florida Statutes, in a 2499 reference thereto, subsection (2) of section 775.24, Florida 2500 Statutes, is reenacted to read: 2501 775.24 Duty of the court to uphold laws governing sexual 2502 predators and sexual offenders.— 2503 (2) If a person meets the criteria in this chapter for 2504 designation as a sexual predator or meets the criteria in s. 2505 943.0435, s. 944.606, s. 944.607, or any other law for 2506 classification as a sexual offender, the court may not enter an 2507 order, for the purpose of approving a plea agreement or for any 2508 other reason, which: 2509 (a) Exempts a person who meets the criteria for designation 2510 as a sexual predator or classification as a sexual offender from 2511 such designation or classification, or exempts such person from 2512 the requirements for registration or community and public 2513 notification imposed upon sexual predators and sexual offenders; 2514 (b) Restricts the compiling, reporting, or release of 2515 public records information that relates to sexual predators or 2516 sexual offenders; or 2517 (c) Prevents any person or entity from performing its 2518 duties or operating within its statutorily conferred authority 2519 as such duty or authority relates to sexual predators or sexual 2520 offenders. 2521 Section 29. For the purpose of incorporating the amendment 2522 made by this act to section 944.607, Florida Statutes, in a 2523 reference thereto, subsection (7) of section 944.608, Florida 2524 Statutes, is reenacted to read: 2525 944.608 Notification to Department of Law Enforcement of 2526 information on career offenders.— 2527 (7) A career offender who is under the supervision of the 2528 department but who is not incarcerated shall, in addition to the 2529 registration requirements provided in subsection (3), register 2530 in the manner provided in s. 775.261(4)(c), unless the career 2531 offender is a sexual predator, in which case he or she shall 2532 register as required under s. 775.21, or is a sexual offender, 2533 in which case he or she shall register as required in s. 2534 944.607. A career offender who fails to comply with the 2535 requirements of s. 775.261(4) is subject to the penalties 2536 provided in s. 775.261(8). 2537 Section 30. This act shall take effect October 1, 2016.