Florida 2022 Regular Session

Florida House Bill H0821 Latest Draft

Bill / Introduced Version Filed 12/01/2021

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