Florida 2022 Regular Session

Florida House Bill H0821 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 821 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0821-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to domestic abuser registration; 2
16	16	creating s. 943.0425, F.S.; providing definitions; 3
17	17	requiring the Department of Law Enforcement to post a 4
18	18	publicly accessible registry on its website of persons 5
19	19	convicted of domestic abuse offenses; providing 6
20	20	requirements for the registry; requiring the clerk of 7
21	21	the court in each county to forward certain notice of 8
22	22	a conviction for a domestic abuse offense to the 9
23	23	department within a specified time; requiring the 10
24	24	maintenance of specified information for certain time 11
25	25	periods; requiring the removal of specified records 12
26	26	under certain circumstances; providing an effective 13
27	27	date. 14
28	28	15
29	29	Be It Enacted by the Legislature of the State of Florida: 16
30	30	17
31	31	Section 1. Section 943.0425, Florida Statutes, is created 18
32	32	to read: 19
33	33	943.0425 Domestic abuser registration. — 20
34	34	(1) As used in this section, the term: 21
35	35	(a) "Abuser" or "domestic abuser" means an adult as 22
36	36	defined in s. 985.03 w ho has been convicted in this state of 23
37	37	committing a domestic abuse offense. 24
38	38	(b) "Conviction" has the same meaning as in s. 775.21(2). 25
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40	40	HB 821 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(c) "Domestic abuse offense" means: 26
52	52	1. Domestic violence, as defined in s. 741.28; or 27
53	53	2. Dating violence, as defin ed in s. 784.046(1)(d). 28
54	54	(2)(a) Beginning January 1, 2023, the department shall 29
55	55	post a publicly accessible domestic abuser registry on its 30
56	56	website that includes each person convicted of a domestic abuse 31
57	57	offense on or after that date. 32
58	58	(b)1. The registry must include a photograph of the abuser 33
59	59	taken as part of the booking process, the abuser's full legal 34
60	60	name, and any other identifying information the department 35
61	61	determines is necessary to properly identify the abuser and to 36
62	62	exclude innocent persons. 37
63	63	2. The registry may not include the abuser's social 38
64	64	security number, driver license number, or any other state or 39
65	65	federal identification number. 40
66	66	(c) The clerk of the court in each county shall forward a 41
67	67	copy of the judgment and date of birth of each abuser t o the 42
68	68	department within 30 calendar days after the date of conviction 43
69	69	of the abuser. 44
70	70	(d)1. Upon an abuser's third conviction, the department 45
71	71	shall maintain the abuser's full legal name and other 46
72	72	identifying information described in paragraph (b) on the 47
73	73	registry for 2 years after the date of the abuser's third 48
74	74	conviction, after which time the department shall remove the 49
75	75	abuser's full legal name and identifying information from the 50
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77	77	HB 821 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0821-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	registry if the abuser is not convicted of another domestic 51
89	89	abuse offense during that 2 -year period. 52
90	90	2. Upon an abuser's subsequent conviction, the department 53
91	91	shall maintain the abuser's full legal name and other 54
92	92	identifying information described in paragraph (b) on the 55
93	93	registry for 5 years after the date of the abuser's most recent 56
94	94	conviction, after which time the department shall remove the 57
95	95	abuser's full legal name and identifying information from the 58
96	96	registry if the abuser is not convicted of another domestic 59
97	97	abuse offense during that 5 -year period. 60
98	98	(e) The department shall remove an abuser's full legal 61
99	99	name and identifying information from the registry if th e record 62
100	100	of the domestic abuse offense for which the abuser is subject to 63
101	101	inclusion in the registry is expunged or sealed pursuant to this 64
102	102	chapter. 65
103	103	Section 2. This act shall take effect October 1, 2022. 66