Florida Senate - 2022 SB 1932 By Senator Hooper 16-00635B-22 20221932__ 1 A bill to be entitled 2 An act relating to sexual offenders and predators; 3 amending s. 775.21, F.S.; revising the definitions of 4 the terms permanent residence, temporary 5 residence, and transient residence; providing that 6 a person must meet specified criteria to qualify for 7 removal of a sexual predator, sexually violent 8 predator, or any other specified sexual offender 9 designation; providing an additional reporting method 10 for a sexual predator to report certain vehicle 11 information changes to the Department of Law 12 Enforcement; providing an additional reporting method 13 for a sexual predator to report specified information 14 to the Department of Highway Safety and Motor 15 Vehicles; revising the reporting requirements with 16 which a sexual predator must comply relating to 17 establishing a residence in another state or 18 jurisdiction or for travel outside of the United 19 States; conforming provisions to changes made by the 20 act; amending s. 943.0435, F.S.; revising the 21 definition of the term convicted; providing a short 22 title; providing an additional reporting method for a 23 sexual offender to report specified information to the 24 Department of Highway Safety and Motor Vehicles; 25 providing an additional reporting method for a sexual 26 offender to report certain vehicle information changes 27 to the Department of Law Enforcement; requiring the 28 custodian of a local jail to register a sexual 29 offender within a certain number of business days 30 after intake of such sexual offender and to forward 31 the registration information to the department; 32 requiring the custodian of a local jail to take a 33 digitized photograph of such sexual offender and 34 provide it to the department; requiring the custodian 35 of a local jail to notify the department if a sexual 36 offender in its custody escapes or dies; revising the 37 reporting requirements with which a sexual offender 38 must comply relating to establishing a residence in 39 another state or jurisdiction or for travel outside of 40 the United States; requiring that the department be 41 given notice of a petition for removing the 42 requirement for registration as a sexual offender; 43 authorizing the department to present evidence in 44 opposition to the requested relief or to otherwise 45 demonstrate the reasons why the petition should be 46 denied; requiring a sexual offender to establish that 47 he or she does not meet specified criteria that 48 require registration as a sexual offender for the 49 purpose of removing the requirement for registration 50 as a sexual offender; requiring a specified sexual 51 offender to establish that his or her designation has 52 been removed and that he or she does not meet any 53 other specified criteria that require registration as 54 a sexual offender to qualify for removal of the 55 requirement for registration as a sexual offender; 56 providing additional requirements with which a sexual 57 offender must comply to be considered for removal of 58 the requirement to register as a sexual offender; 59 conforming provisions to changes made by the act; 60 reenacting and amending s. 944.607, F.S.; conforming 61 cross-references; making technical changes; amending 62 ss. 322.141, 794.056, 921.0022, 938.085, 944.606, 63 944.607, 985.481, and 985.4815, F.S.; conforming 64 cross-references; making technical changes; reenacting 65 ss. 944.606(1)(d), 985.481(1)(d), and 985.4815(1)(f), 66 F.S., all relating to the definition of the terms 67 permanent residence, temporary residence, and 68 transient residence, to incorporate the amendment 69 made to s. 775.21, F.S., in references thereto; 70 providing an effective date. 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1.Section 775.21, Florida Statutes, is amended to 75 read: 76 (Substantial rewording of section. See 77 s. 775.21, F.S., for present text.) 78 775.21The Florida Sexual Predators Act. 79 (1)SHORT TITLE.This section may be cited as The Florida 80 Sexual Predators Act. 81 (2)DEFINITIONS.As used in this section, the term: 82 (a)Change in status at an institution of higher 83 education means the commencement or termination of enrollment, 84 including, but not limited to, a traditional classroom setting 85 or online courses, or employment, whether for compensation or as 86 a volunteer, at an institution of higher education or a change 87 in location of enrollment or employment, whether for 88 compensation or as a volunteer, at an institution of higher 89 education. 90 (b)Chief of police means the chief law enforcement 91 officer of a municipality. 92 (c)Child care facility has the same meaning as provided 93 in s. 402.302. 94 (d)Community means any county where the sexual predator 95 lives or otherwise establishes or maintains a permanent, 96 temporary, or transient residence. 97 (e)Conviction means a determination of guilt which is 98 the result of a trial or the entry of a plea of guilty or nolo 99 contendere, regardless of whether adjudication is withheld. A 100 conviction for a similar offense includes, but is not limited 101 to, a conviction by a federal or military tribunal, including 102 courts-martial conducted by the Armed Forces of the United 103 States, and includes a conviction or entry of a plea of guilty 104 or nolo contendere resulting in a sanction in any state of the 105 United States or other jurisdiction. A sanction includes, but is 106 not limited to, a fine, probation, community control, parole, 107 conditional release, control release, or incarceration in a 108 state prison, federal prison, private correctional facility, or 109 local detention facility. 110 (f)Department means the Department of Law Enforcement. 111 (g)Electronic mail address has the same meaning as 112 provided in s. 668.602. 113 (h)Entering the county includes being discharged from a 114 correctional facility, jail, or secure treatment facility within 115 the county or being under supervision within the county for the 116 commission of a violation enumerated in subsection (4). 117 (i)Institution of higher education means a career 118 center, a community college, a college, a state university, or 119 an independent postsecondary educational institution. 120 (j)Internet identifier means any designation, moniker, 121 screen name, username, or other name used for self 122 identification to send or receive social Internet communication. 123 Internet identifier does not include a date of birth, social 124 security number, personal identification number (PIN), or 125 password. A sexual offenders or sexual predators use of an 126 Internet identifier that discloses his or her date of birth, 127 social security number, PIN, password, or other information that 128 would reveal the identity of the sexual offender or sexual 129 predator waives the disclosure exemption in this paragraph for 130 such personal information. 131 (k)Permanent residence means a place where the person 132 abides, lodges, or resides for 3 or more consecutive days. For 133 the purpose of calculating a day under this paragraph, the first 134 day that a person abides, lodges, or resides at a place is 135 excluded and each subsequent day is counted. A day includes any 136 part of a calendar day. 137 (l)Professional license means the document of 138 authorization or certification issued by an agency of this state 139 for a regulatory purpose, or by any similar agency in another 140 jurisdiction for a regulatory purpose, to a person to engage in 141 an occupation or to carry out a trade or business. 142 (m)Social Internet communication means any communication 143 through a commercial social networking website as defined in s. 144 943.0437, or application software. The term does not include any 145 of the following: 146 1.Communication for which the primary purpose is the 147 facilitation of commercial transactions involving goods or 148 services; 149 2.Communication on an Internet website for which the 150 primary purpose of the website is the dissemination of news; or 151 3.Communication with a governmental entity. 152 153 As used in this paragraph, the term application software means 154 any computer program designed to run on a mobile device such as 155 a smartphone or tablet computer, that allows users to create web 156 pages or profiles that provide information about themselves and 157 are available publicly or to other users, and that offers a 158 mechanism for communication with other users through a forum, a 159 chatroom, electronic mail, or an instant messenger. 160 (n)Temporary residence means a place where the person 161 abides, lodges, or resides, including, but not limited to, 162 vacation, business, or personal travel destinations in or out of 163 this state, for a period of 3 or more days in the aggregate 164 during any calendar year and which is not the persons permanent 165 address or, for a person whose permanent residence is not in 166 this state, a place where the person is employed, practices a 167 vocation, or is enrolled as a student for any period of time in 168 this state. For the purpose of calculating a day under this 169 paragraph, the first day that a person abides, lodges, or 170 resides at a place is excluded and each subsequent day is 171 counted. A day includes any part of a calendar day. 172 (o)Transient residence means a county where the person 173 lives, remains, or is located for the purpose of abiding, 174 lodging, or residing for a period of 3 or more days in the 175 aggregate during a calendar year and which is not the persons 176 permanent or temporary address. The term includes, but is not 177 limited to, a place where the person sleeps or seeks shelter and 178 a location that has no specific street address. For the purpose 179 of calculating a day under this paragraph, the first day that a 180 person lives, remains, or is located in a county for the purpose 181 of abiding, lodging, or residing is excluded and each subsequent 182 day is counted. A day includes any part of a calendar day. 183 (p)Vehicles owned means any motor vehicle as defined in 184 s. 320.01, which is registered, coregistered, leased, titled, or 185 rented by a sexual predator or sexual offender; a rented vehicle 186 that a sexual predator or sexual offender is authorized to 187 drive; or a vehicle for which a sexual predator or sexual 188 offender is insured as a driver. The term also includes any 189 motor vehicle as defined in s. 320.01, which is registered, 190 coregistered, leased, titled, or rented by a person or persons 191 residing at a sexual predators or sexual offenders permanent 192 residence for 5 or more consecutive days. 193 (3)LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT. 194 (a)Repeat sexual offenders, sexual offenders who use 195 physical violence, and sexual offenders who prey on children are 196 sexual predators who present an extreme threat to the public 197 safety. Sexual offenders are extremely likely to use physical 198 violence and to repeat their offenses, and most sexual offenders 199 commit many offenses, have many more victims than are ever 200 reported, and are prosecuted for only a fraction of their 201 crimes. This makes the cost of sexual offender victimization to 202 society at large, while incalculable, clearly exorbitant. 203 (b)The high level of threat that a sexual predator 204 presents to the public safety, and the long-term effects 205 suffered by victims of sex offenses, provide the state with 206 sufficient justification to implement a strategy that includes: 207 1.Incarcerating sexual predators and maintaining adequate 208 facilities to ensure that decisions to release sexual predators 209 into the community are not made on the basis of inadequate 210 space. 211 2.Providing for specialized supervision of sexual 212 predators who are in the community by specially trained 213 probation officers with low caseloads, as described in ss. 214 947.1405(7) and 948.30. The sexual predator is subject to 215 specified terms and conditions implemented at sentencing or at 216 the time of release from incarceration, with a requirement that 217 those who are financially able must pay all or part of the costs 218 of supervision. 219 3.Requiring the registration of sexual predators, with a 220 requirement that complete and accurate information be maintained 221 and accessible for use by law enforcement authorities, 222 communities, and the public. 223 4.Providing for community and public notification 224 concerning the presence of sexual predators. 225 5.Prohibiting sexual predators from working with children, 226 either for compensation or as a volunteer. 227 (c)The state has a compelling interest in protecting the 228 public from sexual predators and in protecting children from 229 predatory sexual activity, and there is sufficient justification 230 for requiring sexual predators to register and for requiring 231 community and public notification of the presence of sexual 232 predators. 233 (d)It is the purpose of the Legislature that, upon the 234 courts written finding that an offender is a sexual predator, 235 in order to protect the public, it is necessary that the sexual 236 predator be registered with the department and that members of 237 the community and the public be notified of the sexual 238 predators presence. The designation of a person as a sexual 239 predator is neither a sentence nor a punishment but simply a 240 status resulting from the conviction of certain crimes. 241 (e)It is the intent of the Legislature to address the 242 problem of sexual predators by: 243 1.Requiring sexual predators supervised in the community 244 to have special conditions of supervision and to be supervised 245 by probation officers with low caseloads; 246 2.Requiring sexual predators to register with the 247 department, as provided in this section; and 248 3.Requiring community and public notification of the 249 presence of a sexual predator, as provided in this section. 250 (4)SEXUAL PREDATOR CRITERIA. 251 (a)For a current offense committed on or after October 1, 252 1993, upon conviction, an offender shall be designated as a 253 sexual predator under subsection (5), and subject to 254 registration under subsections (6)-(9) and community and public 255 notification under subsection (11), if: 256 1.The felony is: 257 a.A capital, life, or first degree felony violation, or 258 any attempt thereof, of s. 787.01 or s. 787.02, where the victim 259 is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a 260 violation of a similar law of another jurisdiction; or 261 b.Any felony violation, or any attempt thereof, of s. 262 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 263 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 264 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 265 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 266 s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 267 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if 268 the court makes a written finding that the racketeering activity 269 involved at least one sexual offense listed in this sub 270 subparagraph or at least one offense listed in this sub 271 subparagraph with sexual intent or motive; s. 916.1075(2); or s. 272 985.701(1); or a violation of a similar law of another 273 jurisdiction, and the offender has previously been convicted of 274 or found to have committed, or has pled nolo contendere or 275 guilty to, regardless of adjudication, any violation of s. 276 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 277 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 278 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 279 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 280 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 281 excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court 282 makes a written finding that the racketeering activity involved 283 at least one sexual offense listed in this sub-subparagraph or 284 at least one offense listed in this sub-subparagraph with sexual 285 intent or motive; s. 916.1075(2); or s. 985.701(1); or a 286 violation of a similar law of another jurisdiction; 287 2.The offender has not received a pardon for any felony or 288 similar law of another jurisdiction that is necessary for the 289 operation of this paragraph; and 290 3.A conviction of a felony or similar law of another 291 jurisdiction necessary to the operation of this paragraph has 292 not been set aside in any postconviction proceeding. 293 (b)In order to be counted as a prior felony for purposes 294 of this subsection, the felony must have resulted in a 295 conviction sentenced separately, or an adjudication of 296 delinquency entered separately, prior to the current offense and 297 sentenced or adjudicated separately from any other felony 298 conviction that is to be counted as a prior felony regardless of 299 the date of offense of the prior felony. 300 (c)If an offender has been registered as a sexual predator 301 by the Department of Corrections, the department, or any other 302 law enforcement agency and if: 303 1.The court did not, for whatever reason, make a written 304 finding at the time of sentencing that the offender was a sexual 305 predator; or 306 2.The offender was administratively registered as a sexual 307 predator because the Department of Corrections, the department, 308 or any other law enforcement agency obtained information that 309 indicated that the offender met the criteria for designation as 310 a sexual predator based on a violation of a similar law in 311 another jurisdiction, 312 313 the department shall remove that offender from the departments 314 list of sexual predators and, for an offender described under 315 subparagraph 1., shall notify the state attorney who prosecuted 316 the offense that met the criteria for administrative designation 317 as a sexual predator, and, for an offender described under this 318 paragraph, shall notify the state attorney of the county where 319 the offender establishes or maintains a permanent, temporary, or 320 transient residence. The state attorney shall bring the matter 321 to the courts attention in order to establish that the offender 322 meets the criteria for designation as a sexual predator. If the 323 court makes a written finding that the offender is a sexual 324 predator, the offender must be designated as a sexual predator, 325 must register or be registered as a sexual predator with the 326 department as provided in subsections (6)-(9), and is subject to 327 the community and public notification as provided in subsection 328 (11). If the court does not make a written finding that the 329 offender is a sexual predator, the offender may not be 330 designated as a sexual predator with respect to that offense and 331 is not required to register or be registered as a sexual 332 predator with the department. 333 (d)An offender who has been determined to be a sexually 334 violent predator pursuant to a civil commitment proceeding under 335 chapter 394 shall be designated as a sexual predator under 336 subsection (5) and subject to registration under subsections 337 (6)-(9) and community and public notification under subsection 338 (11). 339 (5)SEXUAL PREDATOR DESIGNATION.An offender is designated 340 as a sexual predator as follows: 341 (a)1.An offender who meets the sexual predator criteria 342 described in paragraph (4)(d) is a sexual predator, and the 343 court shall make a written finding at the time such offender is 344 determined to be a sexually violent predator under chapter 394 345 that such person meets the criteria for designation as a sexual 346 predator for purposes of this section. The clerk shall transmit 347 a copy of the order containing the written finding to the 348 department within 48 hours after the entry of the order; 349 2.An offender who meets the sexual predator criteria 350 described in paragraph (4)(a) who is before the court for 351 sentencing for a current offense committed on or after October 352 1, 1993, is a sexual predator, and the sentencing court must 353 make a written finding at the time of sentencing that the 354 offender is a sexual predator, and the clerk of the court shall 355 transmit a copy of the order containing the written finding to 356 the department within 48 hours after the entry of the order; or 357 3.If the Department of Corrections, the department, or any 358 other law enforcement agency obtains information which indicates 359 that an offender who establishes or maintains a permanent, 360 temporary, or transient residence in this state meets the sexual 361 predator criteria described in paragraph (4)(a) or paragraph 362 (4)(d) because the offender was civilly committed or committed a 363 similar violation in another jurisdiction on or after October 1, 364 1993, the Department of Corrections, the department, or the law 365 enforcement agency shall notify the state attorney of the county 366 where the offender establishes or maintains a permanent, 367 temporary, or transient residence of the offenders presence in 368 the community. The state attorney shall file a petition with the 369 criminal division of the circuit court for the purpose of 370 holding a hearing to determine if the offenders criminal record 371 or record of civil commitment from another jurisdiction meets 372 the sexual predator criteria. If the court finds that the 373 offender meets the sexual predator criteria because the offender 374 has violated a similar law or similar laws in another 375 jurisdiction, the court shall make a written finding that the 376 offender is a sexual predator. 377 378 When the court makes a written finding that an offender is a 379 sexual predator, the court shall inform the sexual predator of 380 the registration and community and public notification 381 requirements described in this section. Within 48 hours after 382 the court designates an offender as a sexual predator, the clerk 383 of the circuit court shall transmit a copy of the courts 384 written sexual predator finding to the department. If the 385 offender is sentenced to a term of imprisonment or supervision, 386 a copy of the courts written sexual predator finding must be 387 submitted to the Department of Corrections. 388 (b)If a sexual predator is not sentenced to a term of 389 imprisonment, the clerk of the court shall ensure that the 390 sexual predators fingerprints are taken and forwarded to the 391 department within 48 hours after the court renders its written 392 sexual predator finding. The fingerprints shall be clearly 393 marked, Sexual Predator Registration. The clerk of the court 394 that convicts and sentences the sexual predator for the offense 395 or offenses described in subsection (4) shall forward to the 396 department and to the Department of Corrections a certified copy 397 of any order entered by the court imposing any special condition 398 or restriction on the sexual predator that restricts or 399 prohibits access to the victim, if the victim is a minor, or to 400 other minors. 401 (c)If the Department of Corrections, the department, or 402 any other law enforcement agency obtains information which 403 indicates that an offender meets the sexual predator criteria 404 but the court did not make a written finding that the offender 405 is a sexual predator as required in paragraph (a), the 406 Department of Corrections, the department, or the law 407 enforcement agency shall notify the state attorney who 408 prosecuted the offense for offenders described in subparagraph 409 (a)1., or the state attorney of the county where the offender 410 establishes or maintains a residence upon first entering the 411 state for offenders described in subparagraph (a)3. The state 412 attorney shall bring the matter to the courts attention in 413 order to establish that the offender meets the sexual predator 414 criteria. If the state attorney fails to establish that an 415 offender meets the sexual predator criteria and the court does 416 not make a written finding that an offender is a sexual 417 predator, the offender is not required to register with the 418 department as a sexual predator. The Department of Corrections, 419 the department, or any other law enforcement agency shall not 420 administratively designate an offender as a sexual predator 421 without a written finding from the court that the offender is a 422 sexual predator. 423 (d)A person who establishes or maintains a residence in 424 this state and who has not been designated as a sexual predator 425 by a court of this state but who has been designated as a sexual 426 predator, as a sexually violent predator, or any other sexual 427 offender designation in another state or jurisdiction and was, 428 as a result of such designation, subjected to registration or 429 community or public notification, or both, or would be if the 430 person was a resident of that state or jurisdiction, without 431 regard to whether the person otherwise meets the criteria for 432 registration as a sexual offender, shall register in the manner 433 provided in s. 943.0435 or s. 944.607 and shall be subject to 434 community and public notification as provided in s. 943.0435 or 435 s. 944.607. A person who meets the criteria of this section is 436 subject to the requirements and penalty provisions of s. 437 943.0435 or s. 944.607 until the person provides the department 438 with an order issued by the court that designated the person as 439 a sexual predator, as a sexually violent predator, or any other 440 sexual offender designation in the state or jurisdiction in 441 which the order was issued which states that such designation 442 has been removed or demonstrates to the department that such 443 designation, if not imposed by a court, has been removed by 444 operation of law or court order in the state or jurisdiction in 445 which the designation was made, provided that such person no 446 longer meets the criteria for registration as a sexual offender 447 under the laws of this state. To qualify for removal, all sexual 448 offenders as described in this paragraph must meet the criteria 449 for removal provided under s. 943.0435. 450 (6)REGISTRATION. 451 (a)A sexual predator shall register with the department 452 through the sheriffs office by providing the following 453 information to the department: 454 1.Name; social security number; age; race; sex; date of 455 birth; height; weight; tattoos or other identifying marks; hair 456 and eye color; photograph; address of legal residence and 457 address of any current temporary residence, within this state or 458 out of state, including a rural route address and a post office 459 box; if he or she has no permanent or temporary address, any 460 transient residence within this state; address, location or 461 description, and dates of any current or known future temporary 462 residence within this state or out of state; electronic mail 463 addresses; Internet identifiers and each Internet identifiers 464 corresponding website homepage or application software name; 465 home telephone numbers and cellular telephone numbers; 466 employment information; the make, model, color, vehicle 467 identification number (VIN), and license tag number of all 468 vehicles owned; date and place of each conviction; fingerprints; 469 palm prints; and a brief description of the crime or crimes 470 committed by the offender. A post office box may not be provided 471 in lieu of a physical residential address. The sexual predator 472 shall produce his or her passport, if he or she has a passport, 473 and, if he or she is an alien, shall produce or provide 474 information about documents establishing his or her immigration 475 status. The sexual predator shall also provide information about 476 any professional licenses he or she has. 477 a.Any change that occurs after the sexual predator 478 registers in person at the sheriffs office as provided in this 479 subparagraph in any of the following information related to the 480 sexual predator must be reported as provided in this subsection 481 and subsections (7), (8), and (9): permanent, temporary, or 482 transient residence; name; electronic mail addresses; Internet 483 identifiers and each Internet identifiers corresponding website 484 homepage or application software name; home and cellular 485 telephone numbers; employment information; and status at an 486 institution of higher education. 487 b.If the sexual predators place of residence is a motor 488 vehicle, trailer, mobile home, or manufactured home, as those 489 terms are defined in chapter 320, the sexual predator shall also 490 provide to the department written notice of the vehicle 491 identification number (VIN); the license tag number; the 492 registration number; and a description, including color scheme, 493 of the motor vehicle, trailer, mobile home, or manufactured 494 home. If a sexual predators place of residence is a vessel, 495 live-aboard vessel, or houseboat, as those terms are defined in 496 chapter 327, the sexual predator shall also provide to the 497 department written notice of the hull identification number; the 498 manufacturers serial number; the name of the vessel, live 499 aboard vessel, or houseboat; the registration number of the 500 vessel, live-aboard vessel, or houseboat; and a description, 501 including color scheme, of the vessel, live-aboard vessel, or 502 houseboat. 503 c.If the sexual predator is enrolled or employed, whether 504 for compensation or as a volunteer, at an institution of higher 505 education in this state, the sexual predator shall also provide 506 to the department the name, address, and county of each 507 institution, including each campus attended, and the sexual 508 predators enrollment, volunteer, or employment status. The 509 sheriff, the Department of Corrections, or the Department of 510 Juvenile Justice shall promptly notify each institution of 511 higher education of the sexual predators presence and any 512 change in the sexual predators enrollment, volunteer, or 513 employment status. 514 d.A sexual predator shall report to the department through 515 the departments online system or in person to the sheriffs 516 office within 48 hours after any change in vehicles owned to 517 report those vehicle information changes. 518 2.Any other information determined necessary by the 519 department, including criminal and corrections records; 520 nonprivileged personnel and treatment records; and evidentiary 521 genetic markers when available. 522 (b)If the sexual predator is in the custody or control of, 523 or under the supervision of, the Department of Corrections, or 524 is in the custody of a private correctional facility, the sexual 525 predator shall register with the Department of Corrections. A 526 sexual predator who is under the supervision of the Department 527 of Corrections but who is not incarcerated shall register with 528 the Department of Corrections within 3 business days after the 529 court finds the offender to be a sexual predator. The Department 530 of Corrections shall provide to the department registration 531 information and the location of, and local telephone number for, 532 any Department of Corrections office that is responsible for 533 supervising the sexual predator. In addition, the Department of 534 Corrections shall notify the department if the sexual predator 535 escapes or absconds from custody or supervision or if the sexual 536 predator dies. 537 (c)If the sexual predator is in the custody of a local 538 jail, the custodian of the local jail shall register the sexual 539 predator within 3 business days after intake of the sexual 540 predator for any reason and upon release, and shall forward the 541 registration information to the department. The custodian of the 542 local jail shall also take a digitized photograph of the sexual 543 predator while the sexual predator remains in custody and shall 544 provide the digitized photograph to the department. The 545 custodian shall notify the department if the sexual predator 546 escapes from custody or dies. 547 (d)If the sexual predator is under federal supervision, 548 the federal agency responsible for supervising the sexual 549 predator may forward to the department any information regarding 550 the sexual predator which is consistent with the information 551 provided by the Department of Corrections under this section, 552 and may indicate whether use of the information is restricted to 553 law enforcement purposes only or may be used by the department 554 for purposes of public notification. 555 (e)1.If the sexual predator is not in the custody or 556 control of, or under the supervision of, the Department of 557 Corrections or is not in the custody of a private correctional 558 facility, the sexual predator shall register in person: 559 a.At the sheriffs office in the county where he or she 560 establishes or maintains a residence within 48 hours after 561 establishing or maintaining a residence in this state; and 562 b.At the sheriffs office in the county where he or she 563 was designated a sexual predator by the court within 48 hours 564 after such finding is made. 565 2.Any change that occurs after the sexual predator 566 registers in person at the sheriffs office as provided in 567 subparagraph 1. in any of the following information related to 568 the sexual predator must be reported as provided in this 569 subsection and subsections (7), (8), and (9): permanent, 570 temporary, or transient residence; name; vehicles owned; 571 electronic mail addresses; Internet identifiers and each 572 Internet identifiers corresponding website homepage or 573 application software name; home and cellular telephone numbers; 574 employment information; and change in status at an institution 575 of higher education. When a sexual predator registers with the 576 sheriffs office, the sheriff shall take a photograph, a set of 577 fingerprints, and palm prints of the predator and forward the 578 photographs, palm prints, and fingerprints to the department, 579 along with the information that the predator is required to 580 provide pursuant to this section. 581 (f)Within 48 hours after the registration required under 582 paragraph (a) or paragraph (e), a sexual predator who is not 583 incarcerated and who resides in the community, including a 584 sexual predator under the supervision of the Department of 585 Corrections, shall register in person at a driver license office 586 of the Department of Highway Safety and Motor Vehicles and shall 587 present proof of registration unless a driver license or an 588 identification card that complies with the requirements of s. 589 322.141(3) was previously secured or updated under s. 944.607. 590 At the driver license office the sexual predator shall: 591 1.If otherwise qualified, secure a Florida driver license, 592 renew a Florida driver license, or secure an identification 593 card. The sexual predator shall identify himself or herself as a 594 sexual predator who is required to comply with this section, 595 provide his or her place of permanent, temporary, or transient 596 residence, including a rural route address and a post office 597 box, and submit to the taking of a photograph for use in issuing 598 a driver license, a renewed license, or an identification card, 599 and for use by the department in maintaining current records of 600 sexual predators. A post office box may not be provided in lieu 601 of a physical residential address. If the sexual predators 602 place of residence is a motor vehicle, trailer, mobile home, or 603 manufactured home, as those terms are defined in chapter 320, 604 the sexual predator shall also provide to the Department of 605 Highway Safety and Motor Vehicles the vehicle identification 606 number (VIN); the license tag number; the registration number; 607 and a description, including color scheme, of the motor vehicle, 608 trailer, mobile home, or manufactured home. If a sexual 609 predators place of residence is a vessel, live-aboard vessel, 610 or houseboat, as those terms are defined in chapter 327, the 611 sexual predator shall also provide to the Department of Highway 612 Safety and Motor Vehicles the hull identification number; the 613 manufacturers serial number; the name of the vessel, live 614 aboard vessel, or houseboat; the registration number of the 615 vessel, live-aboard vessel, or houseboat; and a description, 616 including color scheme, of the vessel, live-aboard vessel, or 617 houseboat. 618 2.Pay the costs assessed by the Department of Highway 619 Safety and Motor Vehicles for issuing or renewing a driver 620 license or an identification card as required by this section. 621 The driver license or identification card issued to the sexual 622 predator must comply with s. 322.141(3). 623 3.Provide, upon request, any additional information 624 necessary to confirm the identity of the sexual predator, 625 including a set of fingerprints. 626 (g)A sexual predator shall report in person to a driver 627 license office, or through an authorized alternate method as 628 provided by the Department of Highway Safety and Motor Vehicles, 629 and is subject to the requirements specified in paragraph (f): 630 1.Each time a sexual predators driver license or 631 identification card is subject to renewal; and 632 2.Without regard to the status of the sexual predators 633 driver license or identification card, within 48 hours after any 634 change in the sexual predators name by reason of marriage or 635 other legal process. 636 (h)The Department of Highway Safety and Motor Vehicles 637 shall forward to the department and to the Department of 638 Corrections all photographs and information provided by sexual 639 predators. Notwithstanding the restrictions set forth in s. 640 322.142, the Department of Highway Safety and Motor Vehicles may 641 release a reproduction of a color-photograph or digital-image 642 license to the Department of Law Enforcement for purposes of 643 public notification of sexual predators as provided in this 644 section. 645 (i)A sexual predator who is unable to secure or update a 646 driver license or an identification card with the Department of 647 Highway Safety and Motor Vehicles as provided in paragraphs (f) 648 and (g) shall also report any change in the sexual predators 649 name by reason of marriage or other legal process within 48 650 hours after the change to the sheriffs office in the county 651 where the predator resides or is located and provide 652 confirmation that he or she reported such information to the 653 Department of Highway Safety and Motor Vehicles. The reporting 654 requirements under this paragraph do not negate the requirement 655 for a sexual predator to obtain a Florida driver license or 656 identification card as required by this section. 657 (j)1.A sexual predator shall register all electronic mail 658 addresses and Internet identifiers, and each Internet 659 identifiers corresponding website homepage or application 660 software name, with the department through the departments 661 online system or in person at the sheriffs office within 48 662 hours after using such electronic mail addresses or Internet 663 identifiers. If the sexual predator is in the custody or 664 control, or under the supervision, of the Department of 665 Corrections, he or she must report all electronic mail addresses 666 and Internet identifiers, and each Internet identifiers 667 corresponding website homepage or application software name, to 668 the Department of Corrections before using such electronic mail 669 addresses or Internet identifiers. If the sexual predator is in 670 the custody or control, or under the supervision, of the 671 Department of Juvenile Justice, he or she must report all 672 electronic mail addresses and Internet identifiers, and each 673 Internet identifiers corresponding website homepage or 674 application software name, to the Department of Juvenile Justice 675 before using such electronic mail addresses or Internet 676 identifiers. 677 2.A sexual predator shall register all changes to vehicles 678 owned, all changes to home telephone numbers and cellular 679 telephone numbers, including added and deleted numbers, all 680 changes to employment information, and all changes in status 681 related to enrollment, volunteering, or employment at 682 institutions of higher education, through the departments 683 online system; in person at the sheriffs office; in person at 684 the Department of Corrections if the sexual predator is in the 685 custody or control, or under the supervision, of the Department 686 of Corrections; or in person at the Department of Juvenile 687 Justice if the sexual predator is in the custody or control, or 688 under the supervision, of the Department of Juvenile Justice. 689 All changes required to be reported in this subparagraph shall 690 be reported within 48 hours after the change. 691 3.The department shall establish an online system through 692 which sexual predators may securely access, submit, and update 693 all vehicles owned; electronic mail addresses; Internet 694 identifiers and each Internet identifiers corresponding website 695 homepage or application software name; home telephone numbers 696 and cellular telephone numbers; employment information; and 697 institution of higher education information. 698 (k)The department shall notify the sheriff and the state 699 attorney of the county and, if applicable, the police chief of 700 the municipality, where the sexual predator maintains a 701 residence. 702 (l)1.The department is responsible for the online 703 maintenance of current information regarding each registered 704 sexual predator. The department shall maintain hotline access 705 for state, local, and federal law enforcement agencies to obtain 706 instantaneous locator file and offender characteristics 707 information on all released registered sexual predators for 708 purposes of monitoring, tracking, and prosecution. The 709 photograph, palm prints, and fingerprints do not have to be 710 stored in a computerized format. 711 2.The departments sexual predator registration list, 712 containing the information described in subparagraph (a)1., is a 713 public record, unless otherwise made exempt or confidential and 714 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 715 Constitution. The department may disseminate this public 716 information by any means deemed appropriate, including operating 717 a toll-free telephone number for this purpose. When the 718 department provides information regarding a registered sexual 719 predator to the public, department personnel shall advise the 720 person making the inquiry that positive identification of a 721 person believed to be a sexual predator cannot be established 722 unless a fingerprint comparison is made, and that it is illegal 723 to use public information regarding a registered sexual predator 724 to facilitate the commission of a crime. 725 3.The department shall adopt guidelines as necessary 726 regarding the registration of sexual predators and the 727 dissemination of information regarding sexual predators as 728 required by this section. 729 (m)A sexual predator shall maintain registration with the 730 department for the duration of his or her life, unless the 731 sexual predator has received a full pardon or has had a 732 conviction set aside in a postconviction proceeding for any 733 offense that met the criteria for the sexual predator 734 designation. 735 (7)CHANGES TO IN-STATE RESIDENCE INFORMATION. 736 (a)A sexual predator shall report in person to a driver 737 license office, or through an authorized alternate method as 738 provided by the Department of Highway Safety and Motor Vehicles, 739 and is subject to the requirements specified in paragraph 740 (6)(f): 741 1.Each time a sexual predators driver license or 742 identification card is subject to renewal; and 743 2.Without regard to the status of the sexual predators 744 driver license or identification card, within 48 hours after any 745 change in the sexual predators permanent, temporary, or 746 transient residence. 747 (b)The Department of Highway Safety and Motor Vehicles 748 shall forward to the department and to the Department of 749 Corrections all photographs and information provided by sexual 750 predators. Notwithstanding the restrictions set forth in s. 751 322.142, the Department of Highway Safety and Motor Vehicles may 752 release a reproduction of a color-photograph or digital-image 753 license to the Department of Law Enforcement for purposes of 754 public notification of sexual predators as provided in this 755 section. 756 (c)A sexual predator who is unable to secure or update a 757 driver license or an identification card with the Department of 758 Highway Safety and Motor Vehicles as provided in paragraph (a) 759 and paragraph (6)(f) shall also report any change in the sexual 760 predators permanent, temporary, or transient residence within 761 48 hours after the change to the sheriffs office in the county 762 where the predator resides or is located and provide 763 confirmation that he or she reported such information to the 764 Department of Highway Safety and Motor Vehicles. The reporting 765 requirements under this paragraph do not negate the requirement 766 for a sexual predator to obtain a Florida driver license or 767 identification card as required by this section. 768 (d)A sexual predator who vacates a permanent, temporary, 769 or transient residence and fails to establish or maintain 770 another permanent, temporary, or transient residence shall, 771 within 48 hours after vacating the permanent, temporary, or 772 transient residence, report in person to the sheriffs office of 773 the county in which he or she is located. The sexual predator 774 shall specify the date upon which he or she intends to or did 775 vacate such residence. The sexual predator shall provide or 776 update all of the registration information required under 777 paragraph (6)(a). The sexual predator shall provide an address 778 for the residence or other place where he or she is or will be 779 located during the time in which he or she fails to establish or 780 maintain a permanent or temporary residence. 781 (e)A sexual predator who remains at a permanent, 782 temporary, or transient residence after reporting his or her 783 intent to vacate such residence shall, within 48 hours after the 784 date upon which the predator indicated he or she would or did 785 vacate such residence, report in person to the sheriffs office 786 to which he or she reported pursuant to paragraph (d), for the 787 purpose of reporting his or her address at such residence. When 788 the sheriff receives the report, the sheriff shall promptly 789 convey the information to the department. An offender who makes 790 a report as required under paragraph (d) but fails to make a 791 report as required under this paragraph commits a felony of the 792 second degree, punishable as provided in s. 775.082, s. 775.083, 793 or s. 775.084. 794 (8)ESTABLISHING A NON-FLORIDA RESIDENCE; INTERNATIONAL 795 TRAVEL. 796 (a)A sexual predator who intends to establish a permanent, 797 temporary, or transient residence in another state or 798 jurisdiction other than the State of Florida shall report in 799 person to the sheriff of the county of current residence at 800 least 48 hours before the date he or she intends to leave this 801 state to establish residence in another state or jurisdiction or 802 at least 21 days before the date he or she intends to travel 803 outside of the United States. Any travel that is not known by 804 the sexual predator 48 hours before he or she intends to 805 establish a residence in another state or jurisdiction, or 21 806 days before the departure date for travel outside of the United 807 States, must be reported to the sheriffs office as soon as 808 possible before departure. The sexual predator shall provide to 809 the sheriff the address, municipality, county, state, and 810 country of intended residence. For international travel, the 811 sexual predator shall also provide travel information, 812 including, but not limited to, expected departure and return 813 dates, flight number, airport of departure, cruise port of 814 departure, or any other means of intended travel. The sheriff 815 shall promptly provide to the department the information 816 received from the sexual predator. The department shall notify 817 the statewide law enforcement agency, or a comparable agency, in 818 the intended state, jurisdiction, or country of residence or the 819 intended country of travel of the sexual predators intended 820 residence or intended travel. The failure of a sexual predator 821 to provide his or her intended place of residence or intended 822 travel is punishable as provided in subsection (14). 823 (b)A sexual predator who indicates his or her intent to 824 establish a permanent, temporary, or transient residence in 825 another state, a jurisdiction other than the State of Florida, 826 or another country and later decides to remain in this state 827 shall, within 48 hours after the date upon which the sexual 828 predator indicated he or she would leave this state, report in 829 person to the sheriffs office to which the sexual predator 830 reported the intended change of residence, and report his or her 831 intent to remain in this state. If the sheriff is notified by 832 the sexual predator that he or she intends to remain in this 833 state, the sheriff shall promptly report this information to the 834 department. A sexual predator who reports his or her intent to 835 establish a permanent, temporary, or transient residence in 836 another state, a jurisdiction other than the State of Florida, 837 or another country, but who remains in this state without 838 reporting to the sheriff in the manner required by this 839 paragraph, commits a felony of the second degree, punishable as 840 provided in s. 775.082, s. 775.083, or s. 775.084. 841 (9)TRANSIENT REPORTING. 842 (a)A sexual predator shall report in person at the 843 sheriffs office in the county in which he or she is located 844 within 48 hours after establishing a transient residence and 845 thereafter must report in person every 30 days to the sheriffs 846 office in the county in which he or she is located while 847 maintaining a transient residence. The sexual predator must 848 provide the addresses and locations where he or she maintains a 849 transient residence. Each sheriffs office shall establish 850 procedures for reporting transient residence information and 851 provide notice to transient registrants to report transient 852 residence information as required in this paragraph. Reporting 853 to the sheriffs office as required by this paragraph does not 854 exempt registrants from any reregistration requirement. The 855 sheriff may coordinate and enter into agreements with police 856 departments and other governmental entities to facilitate 857 additional reporting sites for transient residence registration 858 required in this paragraph. The sheriffs office shall 859 electronically submit to and update with the department all such 860 information within 2 business days after it is provided to the 861 office. 862 (b)The failure of a sexual predator who maintains a 863 transient residence to report in person to the sheriffs office 864 every 30 days as required by paragraph (a) is punishable as 865 provided in subsection (14). 866 (10)QUARTERLY REREGISTRATION REQUIREMENT. 867 (a)A sexual predator shall report in person each year 868 during the month of the sexual predators birthday and during 869 every third month thereafter to the sheriffs office in the 870 county in which he or she resides or is otherwise located to 871 reregister. The sheriffs office may determine the appropriate 872 times and days for reporting by the sexual predator, which must 873 be consistent with the reporting requirements of this paragraph. 874 Reregistration must include any changes to the following 875 information: 876 1.Name; social security number; age; race; sex; date of 877 birth; height; weight; tattoos or other identifying marks; hair 878 and eye color; address of any permanent residence and address of 879 any current temporary residence, within this state or out of 880 state, including a rural route address and a post office box; if 881 he or she has no permanent or temporary address, any transient 882 residence within this state, including the address, location, or 883 description of the transient residences, and dates of any 884 current or known future temporary residence within this state or 885 out of state; all electronic mail addresses; all Internet 886 identifiers and each Internet identifiers corresponding website 887 homepage or application software name; all home telephone 888 numbers and cellular telephone numbers; date and place of any 889 employment; the make, model, color, vehicle identification 890 number (VIN), and license tag number of all vehicles owned; 891 fingerprints; palm prints; and photograph. A post office box may 892 not be provided in lieu of a physical residential address. The 893 sexual predator shall also produce his or her passport, if he or 894 she has a passport, and, if he or she is an alien, shall produce 895 or provide information about documents establishing his or her 896 immigration status. The sexual predator shall also provide 897 information about any professional licenses he or she has. 898 2.If the sexual predator is enrolled or employed, whether 899 for compensation or as a volunteer, at an institution of higher 900 education in this state, the sexual predator shall also provide 901 to the department the name, address, and county of each 902 institution, including each campus attended, and the sexual 903 predators enrollment, volunteer, or employment status. 904 3.If the sexual predators place of residence is a motor 905 vehicle, trailer, mobile home, or manufactured home, as those 906 terms are defined in chapter 320, the sexual predator shall also 907 provide the vehicle identification number (VIN); the license tag 908 number; the registration number; and a description, including 909 color scheme, of the motor vehicle, trailer, mobile home, or 910 manufactured home. If the sexual predators place of residence 911 is a vessel, live-aboard vessel, or houseboat, as those terms 912 are defined in chapter 327, the sexual predator shall also 913 provide the hull identification number; the manufacturers 914 serial number; the name of the vessel, live-aboard vessel, or 915 houseboat; the registration number of the vessel, live-aboard 916 vessel, or houseboat; and a description, including color scheme, 917 of the vessel, live-aboard vessel, or houseboat. 918 (b)The sheriffs office shall electronically submit to and 919 update with the department, in a manner prescribed by the 920 department, all such information provided by the sexual predator 921 within 2 business days after it is provided to the office. 922 (11)COMMUNITY AND PUBLIC NOTIFICATION. 923 (a)Law enforcement agencies must inform members of the 924 community and the public of a sexual predators presence. Upon 925 notification of the presence of a sexual predator, the sheriff 926 of the county or the chief of police of the municipality where 927 the sexual predator establishes or maintains a permanent or 928 temporary residence shall notify members of the community and 929 the public of the presence of the sexual predator in a manner 930 deemed appropriate by the sheriff or the chief of police. Within 931 48 hours after receiving notification of the presence of a 932 sexual predator, the sheriff of the county or the chief of 933 police of the municipality where the sexual predator temporarily 934 or permanently resides shall notify each licensed child care 935 facility, elementary school, middle school, and high school 936 within a 1-mile radius of the temporary or permanent residence 937 of the sexual predator of the presence of the sexual predator. 938 Information provided to members of the community and the public 939 regarding a sexual predator must include: 940 1.The name of the sexual predator; 941 2.A description of the sexual predator, including a 942 photograph; 943 3.The sexual predators current permanent, temporary, and 944 transient addresses, and descriptions of registered locations 945 that have no specific street address, including the name of the 946 county or municipality if known; 947 4.The circumstances of the sexual predators offense or 948 offenses; and 949 5.Whether the victim of the sexual predators offense or 950 offenses was, at the time of the offense, a minor or an adult. 951 952 This paragraph does not authorize the release of the name of any 953 victim of the sexual predator. 954 (b)The sheriff or the police chief may coordinate the 955 community and public notification efforts with the department. 956 Statewide notification to the public is authorized, as deemed 957 appropriate by local law enforcement personnel and the 958 department. 959 (c)The department shall notify the public of all 960 designated sexual predators through the Internet. The Internet 961 notice shall include the information required by paragraph (a). 962 (d)The department shall adopt a protocol to assist law 963 enforcement agencies in their efforts to notify the community 964 and the public of the presence of sexual predators. 965 (12)VERIFICATION.The department and the Department of 966 Corrections shall implement a system for verifying the addresses 967 of sexual predators. The system must be consistent with the 968 federal Adam Walsh Child Protection and Safety Act of 2006 and 969 any other federal standards applicable to such verification or 970 required to be met as a condition for the receipt of federal 971 funds by the state. The Department of Corrections shall verify 972 the addresses of sexual predators who are not incarcerated but 973 who reside in the community under the supervision of the 974 Department of Corrections and shall report to the department any 975 failure by a sexual predator to comply with registration 976 requirements. County and local law enforcement agencies, in 977 conjunction with the department, shall verify the addresses of 978 sexual predators who are not under the care, custody, control, 979 or supervision of the Department of Corrections and may verify 980 the addresses of sexual predators who are under the care, 981 custody, control, or supervision of the Department of 982 Corrections. Local law enforcement agencies shall report to the 983 department any failure by a sexual predator to comply with 984 registration requirements. 985 (13)IMMUNITY.The department, the Department of Highway 986 Safety and Motor Vehicles, the Department of Corrections, the 987 Department of Juvenile Justice, any law enforcement agency in 988 this state, and the personnel of those departments; an elected 989 or appointed official, public employee, or school administrator; 990 or an employee, agency, or any individual or entity acting at 991 the request or upon the direction of any law enforcement agency 992 is immune from civil liability for damages for good faith 993 compliance with the requirements of this section or for the 994 release of information under this section, and shall be presumed 995 to have acted in good faith in compiling, recording, reporting, 996 or releasing the information. The presumption of good faith is 997 not overcome if a technical or clerical error is made by the 998 department, the Department of Highway Safety and Motor Vehicles, 999 the Department of Corrections, the Department of Juvenile 1000 Justice, the personnel of those departments, or any individual 1001 or entity acting at the request or upon the direction of any of 1002 those departments in compiling or providing information, or if 1003 information is incomplete or incorrect because a sexual predator 1004 fails to report or falsely reports his or her current place of 1005 permanent or temporary residence. 1006 (14)PENALTIES. 1007 (a)Except as otherwise specifically provided, a sexual 1008 predator who fails to register; who fails, after registration, 1009 to maintain, acquire, or renew a driver license or an 1010 identification card; who fails to provide required location 1011 information; who fails to provide electronic mail addresses, 1012 Internet identifiers, and each Internet identifiers 1013 corresponding website homepage or application software name; who 1014 fails to provide all home telephone numbers and cellular 1015 telephone numbers, employment information, change in status at 1016 an institution of higher education, or change-of-name 1017 information; who fails to make a required report in connection 1018 with vacating a permanent residence; who fails to reregister as 1019 required; who fails to respond to any address verification 1020 correspondence from the department within 3 weeks after the date 1021 of the correspondence; who knowingly provides false registration 1022 information by act or omission; or who otherwise fails, by act 1023 or omission, to comply with the requirements of this section 1024 commits a felony of the third degree, punishable as provided in 1025 s. 775.082, s. 775.083, or s. 775.084. 1026 (b)A sexual predator who has been convicted of or found to 1027 have committed, or has pled nolo contendere or guilty to, 1028 regardless of adjudication, any violation, or attempted 1029 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where 1030 the victim is a minor; s. 794.011, excluding s. 794.011(10); s. 1031 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 1032 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s. 1033 985.701(1); or a violation of a similar law of another 1034 jurisdiction when the victim of the offense was a minor, and who 1035 works, whether for compensation or as a volunteer, at any 1036 business, school, child care facility, park, playground, or 1037 other place where children regularly congregate, commits a 1038 felony of the third degree, punishable as provided in s. 1039 775.082, s. 775.083, or s. 775.084. 1040 (c)For a felony violation of this section, excluding 1041 subsection (15), committed on or after July 1, 2018, if the 1042 court does not impose a prison sentence, the court shall impose 1043 a mandatory minimum term of community control, as defined in s. 1044 948.001, as follows: 1045 1.For a first offense, a mandatory minimum term of 6 1046 months with electronic monitoring. 1047 2.For a second offense, a mandatory minimum term of 1 year 1048 with electronic monitoring. 1049 3.For a third or subsequent offense, a mandatory minimum 1050 term of 2 years with electronic monitoring. 1051 (d)A sexual predator who commits any act or omission in 1052 violation of this section may be prosecuted for the act or 1053 omission in the county in which the act or omission was 1054 committed, in the county of the last registered address of the 1055 sexual predator, in the county in which the conviction occurred 1056 for the offense or offenses that meet the criteria for 1057 designating a person as a sexual predator, in the county where 1058 the sexual predator was released from incarceration, or in the 1059 county of the intended address of the sexual predator as 1060 reported by the predator prior to his or her release from 1061 incarceration. In addition, a sexual predator may be prosecuted 1062 for any such act or omission in the county in which he or she 1063 was designated a sexual predator. 1064 (e)An arrest on charges of failure to register, the 1065 service of an information or a complaint for a violation of this 1066 section, or an arraignment on charges for a violation of this 1067 section constitutes actual notice of the duty to register when 1068 the predator has been provided and advised of his or her 1069 statutory obligation to register under subsections (6)-(9). A 1070 sexual predators failure to immediately register as required by 1071 this section following such arrest, service, or arraignment 1072 constitutes grounds for a subsequent charge of failure to 1073 register. A sexual predator charged with the crime of failure to 1074 register who asserts, or intends to assert, a lack of notice of 1075 the duty to register as a defense to a charge of failure to 1076 register shall immediately register as required by this section. 1077 A sexual predator who is charged with a subsequent failure to 1078 register may not assert the defense of a lack of notice of the 1079 duty to register. Registration following such arrest, service, 1080 or arraignment is not a defense and does not relieve the sexual 1081 predator of criminal liability for the failure to register. 1082 (15)PENALTIES FOR ASSISTING SEXUAL PREDATOR NONCOMPLIANCE 1083 OR FOR MISUSE OF INFORMATION. 1084 (a)Any person who has reason to believe that a sexual 1085 predator is not complying, or has not complied, with the 1086 requirements of this section and who, with the intent to assist 1087 the sexual predator in eluding a law enforcement agency that is 1088 seeking to find the sexual predator to question the sexual 1089 predator about, or to arrest the sexual predator for, his or her 1090 noncompliance with the requirements of this section: 1091 1.Withholds information from, or does not notify, the law 1092 enforcement agency about the sexual predators noncompliance 1093 with the requirements of this section, and, if known, the 1094 whereabouts of the sexual predator; 1095 2.Harbors, or attempts to harbor, or assists another 1096 person in harboring or attempting to harbor, the sexual 1097 predator; 1098 3.Conceals or attempts to conceal, or assists another 1099 person in concealing or attempting to conceal, the sexual 1100 predator; or 1101 4.Provides information to the law enforcement agency 1102 regarding the sexual predator which the person knows to be false 1103 information, 1104 1105 commits a felony of the third degree, punishable as provided in 1106 s. 775.082, s. 775.083, or s. 775.084. This paragraph does not 1107 apply if the sexual predator is incarcerated in or is in the 1108 custody of a state correctional facility, a private correctional 1109 facility, a local jail, or a federal correctional facility. 1110 (b)Any person who misuses public records information 1111 relating to a sexual predator, as defined in this section, or a 1112 sexual offender, as defined in s. 943.0435 or s. 944.607, to 1113 secure a payment from such a predator or offender; who knowingly 1114 distributes or publishes false information relating to such a 1115 predator or offender which the person misrepresents as being 1116 public records information; or who materially alters public 1117 records information with the intent to misrepresent the 1118 information, including documents, summaries of public records 1119 information provided by law enforcement agencies, or public 1120 records information displayed by law enforcement agencies on 1121 websites or provided through other means of communication, 1122 commits a misdemeanor of the first degree, punishable as 1123 provided in s. 775.082 or s. 775.083. 1124 Section 2.Section 943.0435, Florida Statutes, is amended 1125 to read: 1126 (Substantial rewording of section. See 1127 s. 943.0435, F.S., for present text.) 1128 943.0435Sexual offenders required to register with the 1129 department; penalty. 1130 (1)DEFINITIONS.As used in this section, the term: 1131 (a)Change in status at an institution of higher 1132 education has the same meaning as provided in s. 775.21. 1133 (b)Convicted means that there has been a determination 1134 of guilt as a result of a trial or the entry of a plea of guilty 1135 or nolo contendere, regardless of whether adjudication is 1136 withheld, and includes an adjudication of delinquency of a 1137 juvenile as specified in this section. Conviction of a similar 1138 offense includes, but is not limited to, a conviction by a 1139 federal or military tribunal, including courts-martial conducted 1140 by the Armed Forces of the United States, and includes a 1141 conviction or entry of a plea of guilty or nolo contendere in 1142 any state of the United States or other jurisdiction. 1143 (c)Electronic mail address has the same meaning as 1144 provided in s. 668.602. 1145 (d)Institution of higher education has the same meaning 1146 as provided in s. 775.21. 1147 (e)Internet identifier has the same meaning as provided 1148 in s. 775.21. 1149 (f)Permanent residence, temporary residence, and 1150 transient residence have the same meaning as provided in s. 1151 775.21. 1152 (g)Professional license has the same meaning as provided 1153 in s. 775.21. 1154 (h)1.Sexual offender means a person who meets the 1155 criteria in sub-subparagraph a., sub-subparagraph b., sub 1156 subparagraph c., or sub-subparagraph d., as follows: 1157 a.(I)Has been convicted of committing, or attempting, 1158 soliciting, or conspiring to commit, any of the criminal 1159 offenses proscribed in the following statutes in this state or 1160 similar offenses in another jurisdiction: s. 393.135(2); s. 1161 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 1162 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 1163 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 1164 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 1165 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 1166 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 1167 s. 895.03, if the court makes a written finding that the 1168 racketeering activity involved at least one sexual offense 1169 listed in this sub-sub-subparagraph or at least one offense 1170 listed in this sub-sub-subparagraph with sexual intent or 1171 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 1172 committed in this state which has been redesignated from a 1173 former statute number to one of those listed in this sub-sub 1174 subparagraph; and 1175 (II)Has been released on or after October 1, 1997, from a 1176 sanction imposed for any conviction of an offense described in 1177 sub-sub-subparagraph (I) and does not otherwise meet the 1178 criteria for registration as a sexual offender under chapter 944 1179 or chapter 985. For purposes of this sub-sub-subparagraph, a 1180 sanction imposed in this state or in any other jurisdiction 1181 means probation, community control, parole, conditional release, 1182 control release, or incarceration in a state prison, federal 1183 prison, private correctional facility, or local detention 1184 facility. If no sanction is imposed, the person is deemed to be 1185 released upon conviction; 1186 b.Establishes or maintains a residence in this state and 1187 who has not been designated as a sexual predator by a court of 1188 this state but who has been designated as a sexual predator, as 1189 a sexually violent predator, or any other sexual offender 1190 designation in another state or jurisdiction and was, as a 1191 result of such designation, subjected to registration or 1192 community or public notification, or both, or would be if the 1193 person were a resident of that state or jurisdiction, without 1194 regard to whether the person otherwise meets the criteria for 1195 registration as a sexual offender; 1196 c.Establishes or maintains a residence in this state who 1197 is in the custody or control of, or under the supervision of, 1198 any other state or jurisdiction as a result of a conviction for 1199 committing, or attempting, soliciting, or conspiring to commit, 1200 any of the criminal offenses proscribed in the following 1201 statutes or similar offense in another jurisdiction: s. 1202 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 1203 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 1204 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 1205 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 1206 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; 1207 s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; 1208 s. 847.0145; s. 895.03, if the court makes a written finding 1209 that the racketeering activity involved at least one sexual 1210 offense listed in this sub-subparagraph or at least one offense 1211 listed in this sub-subparagraph with sexual intent or motive; s. 1212 916.1075(2); or s. 985.701(1); or any similar offense committed 1213 in this state which has been redesignated from a former statute 1214 number to one of those listed in this sub-subparagraph; or 1215 d.On or after July 1, 2007, has been adjudicated 1216 delinquent for committing, or attempting, soliciting, or 1217 conspiring to commit, any of the criminal offenses proscribed in 1218 the following statutes in this state or similar offenses in 1219 another jurisdiction when the juvenile was 14 years of age or 1220 older at the time of the offense: 1221 (I)Section 794.011, excluding s. 794.011(10); 1222 (II)Section 800.04(4)(a)2. where the victim is under 12 1223 years of age or where the court finds sexual activity by the use 1224 of force or coercion; 1225 (III)Section 800.04(5)(c)1. where the court finds 1226 molestation involving unclothed genitals; 1227 (IV)Section 800.04(5)(d) where the court finds the use of 1228 force or coercion and unclothed genitals; or 1229 (V)Any similar offense committed in this state which has 1230 been redesignated from a former statute number to one of those 1231 listed in this sub-subparagraph. 1232 2.For all qualifying offenses listed in sub-subparagraph 1233 1.d., the court shall make a written finding of the age of the 1234 offender at the time of the offense. 1235 1236 For each violation of a qualifying offense listed in this 1237 subsection, except for a violation of s. 794.011, the court 1238 shall make a written finding of the age of the victim at the 1239 time of the offense. For a violation of s. 800.04(4), the court 1240 shall also make a written finding indicating whether the offense 1241 involved sexual activity and indicating whether the offense 1242 involved force or coercion. For a violation of s. 800.04(5), the 1243 court shall also make a written finding that the offense did or 1244 did not involve unclothed genitals or genital area and that the 1245 offense did or did not involve the use of force or coercion. 1246 (i)Vehicles owned has the same meaning as provided in s. 1247 775.21. 1248 (2)SHORT TITLE; APPLICABILITY.This section may be cited 1249 as The Florida Sexual Offenders Act. This section does not 1250 apply to a sexual offender who is also a sexual predator, as 1251 defined in s. 775.21. A sexual predator must register as 1252 required under s. 775.21. 1253 (3)LEGISLATIVE FINDINGS AND INTENT.The Legislature finds 1254 that sexual offenders, especially those who have committed 1255 offenses against minors, often pose a high risk of engaging in 1256 sexual offenses even after being released from incarceration or 1257 commitment and that protection of the public from sexual 1258 offenders is a paramount government interest. Sexual offenders 1259 have a reduced expectation of privacy because of the publics 1260 interest in public safety and in the effective operation of 1261 government. Releasing information concerning sexual offenders to 1262 law enforcement agencies and to persons who request such 1263 information, and the release of such information to the public 1264 by a law enforcement agency or public agency, will further the 1265 governmental interests of public safety. The designation of a 1266 person as a sexual offender is not a sentence or a punishment 1267 but is simply the status of the offender which is the result of 1268 a conviction for having committed certain crimes. 1269 (4)INITIAL REGISTRATION.Upon initial registration, a 1270 sexual offender shall: 1271 (a)Report in person at the sheriffs office: 1272 1.In the county in which the offender establishes or 1273 maintains a permanent, temporary, or transient residence within 1274 48 hours after: 1275 a.Establishing permanent, temporary, or transient 1276 residence in this state; or 1277 b.Being released from the custody, control, or supervision 1278 of the Department of Corrections or from the custody of a 1279 private correctional facility; or 1280 2.In the county where he or she was convicted within 48 1281 hours after being convicted for a qualifying offense for 1282 registration under this section if the offender is not in the 1283 custody or control of, or under the supervision of, the 1284 Department of Corrections, or is not in the custody of a private 1285 correctional facility. 1286 1287 Any change in the information required to be provided pursuant 1288 to paragraph (b), including, but not limited to, any change in 1289 the sexual offenders permanent, temporary, or transient 1290 residence; name; electronic mail addresses; Internet identifiers 1291 and each Internet identifiers corresponding website homepage or 1292 application software name; home telephone numbers and cellular 1293 telephone numbers; employment information; and any change in 1294 status at an institution of higher education after the sexual 1295 offender reports in person at the sheriffs office must be 1296 reported in the manner provided in subsections (5)-(8). 1297 (b)Provide his or her name; date of birth; social security 1298 number; race; sex; height; weight; hair and eye color; tattoos 1299 or other identifying marks; fingerprints; palm prints; 1300 photograph; employment information; address of permanent or 1301 legal residence or address of any current temporary residence, 1302 within this state or out of state, including a rural route 1303 address and a post office box; if he or she has no permanent or 1304 temporary address, any transient residence within this state; 1305 address, location or description, and dates of any current or 1306 known future temporary residence within this state or out of 1307 state; the make, model, color, vehicle identification number 1308 (VIN), and license tag number of all vehicles owned; home 1309 telephone numbers and cellular telephone numbers; electronic 1310 mail addresses; Internet identifiers and each Internet 1311 identifiers corresponding website homepage or application 1312 software name; date and place of each conviction; and a brief 1313 description of the crime or crimes committed by the offender. A 1314 post office box may not be provided in lieu of a physical 1315 residential address. The sexual offender shall also produce his 1316 or her passport, if he or she has a passport, and, if he or she 1317 is an alien, shall produce or provide information about 1318 documents establishing his or her immigration status. The sexual 1319 offender shall also provide information about any professional 1320 licenses he or she has. 1321 1.If the sexual offenders place of residence is a motor 1322 vehicle, trailer, mobile home, or manufactured home, as those 1323 terms are defined in chapter 320, the sexual offender shall also 1324 provide to the department through the sheriffs office written 1325 notice of the vehicle identification number (VIN); the license 1326 tag number; the registration number; and a description, 1327 including color scheme, of the motor vehicle, trailer, mobile 1328 home, or manufactured home. If the sexual offenders place of 1329 residence is a vessel, live-aboard vessel, or houseboat, as 1330 those terms are defined in chapter 327, the sexual offender 1331 shall also provide to the department written notice of the hull 1332 identification number; the manufacturers serial number; the 1333 name of the vessel, live-aboard vessel, or houseboat; the 1334 registration number of the vessel, live-aboard vessel, or 1335 houseboat; and a description, including color scheme, of the 1336 vessel, live-aboard vessel, or houseboat. 1337 2.If the sexual offender is enrolled or employed, whether 1338 for compensation or as a volunteer, at an institution of higher 1339 education in this state, the sexual offender shall also provide 1340 to the department the name, address, and county of each 1341 institution, including each campus attended, and the sexual 1342 offenders enrollment, volunteer, or employment status. The 1343 sheriff, the Department of Corrections, or the Department of 1344 Juvenile Justice shall promptly notify each institution of 1345 higher education of the sexual offenders presence and any 1346 change in the sexual offenders enrollment, volunteer, or 1347 employment status. 1348 (c)Provide any other information determined necessary by 1349 the department, including criminal and corrections records; 1350 nonprivileged personnel and treatment records; and evidentiary 1351 genetic markers, when available. 1352 1353 When a sexual offender reports at the sheriffs office, the 1354 sheriff shall take a photograph, a set of fingerprints, and palm 1355 prints of the offender and forward the photographs, palm prints, 1356 and fingerprints to the department, along with the information 1357 provided by the sexual offender. The sheriff shall promptly 1358 provide to the department the information received from the 1359 sexual offender. 1360 (d)Within 48 hours after the report required under this 1361 subsection, a sexual offender shall report in person at a driver 1362 license office of the Department of Highway Safety and Motor 1363 Vehicles, unless a driver license or identification card that 1364 complies with the requirements of s. 322.141(3) was previously 1365 secured or updated under s. 944.607. At the driver license 1366 office, the sexual offender shall: 1367 1.If otherwise qualified, secure a Florida driver license, 1368 renew a Florida driver license, or secure an identification 1369 card. The sexual offender shall identify himself or herself as a 1370 sexual offender who is required to comply with this section and 1371 shall provide proof that the sexual offender reported as 1372 required in this subsection. The sexual offender shall provide 1373 any of the information specified in this subsection, if 1374 requested. The sexual offender shall submit to the taking of a 1375 photograph for use in issuing a driver license, renewed license, 1376 or identification card, and for use by the department in 1377 maintaining current records of sexual offenders. 1378 2.Pay the costs assessed by the Department of Highway 1379 Safety and Motor Vehicles for issuing or renewing a driver 1380 license or identification card as required by this section. The 1381 driver license or identification card issued must be in 1382 compliance with s. 322.141(3). 1383 3.Provide, upon request, any additional information 1384 necessary to confirm the identity of the sexual offender, 1385 including a set of fingerprints. 1386 (5)MAINTAINING REGISTRATION. 1387 (a)A sexual offender shall report in person to a driver 1388 license office, or through an authorized alternate method as 1389 provided by the Department of Highway Safety and Motor Vehicles, 1390 and is subject to the requirements specified in subsection (4): 1391 1.Each time a sexual offenders driver license or 1392 identification card is subject to renewal; and 1393 2.Without regard to the status of the offenders driver 1394 license or identification card, within 48 hours after any change 1395 in the offenders name by reason of marriage or other legal 1396 process. 1397 (b)The Department of Highway Safety and Motor Vehicles 1398 shall forward to the department all photographs and information 1399 provided by sexual offenders. Notwithstanding the restrictions 1400 set forth in s. 322.142, the Department of Highway Safety and 1401 Motor Vehicles may release a reproduction of a color-photograph 1402 or digital-image license to the Department of Law Enforcement 1403 for purposes of public notification of sexual offenders as 1404 provided in this section and ss. 943.043 and 944.606. 1405 (c)A sexual offender who is unable to secure or update a 1406 driver license or an identification card with the Department of 1407 Highway Safety and Motor Vehicles as provided in subsection (4) 1408 and this subsection shall also report any change in the sexual 1409 offenders name by reason of marriage or other legal process 1410 within 48 hours after the change to the sheriffs office in the 1411 county where the offender resides or is located and provide 1412 confirmation that he or she reported such information to the 1413 Department of Highway Safety and Motor Vehicles. The reporting 1414 requirements under this paragraph do not negate the requirement 1415 for a sexual offender to obtain a Florida driver license or an 1416 identification card as required in this section. 1417 (d)1.A sexual offender shall register all electronic mail 1418 addresses and Internet identifiers, and each Internet 1419 identifiers corresponding website homepage or application 1420 software name, with the department through the departments 1421 online system or in person at the sheriffs office within 48 1422 hours after using such electronic mail addresses or Internet 1423 identifiers. If the sexual offender is in the custody or 1424 control, or under the supervision, of the Department of 1425 Corrections, he or she must report all electronic mail addresses 1426 and Internet identifiers, and each Internet identifiers 1427 corresponding website homepage or application software name, to 1428 the Department of Corrections before using such electronic mail 1429 addresses or Internet identifiers. If the sexual offender is in 1430 the custody or control, or under the supervision, of the 1431 Department of Juvenile Justice, he or she must report all 1432 electronic mail addresses and Internet identifiers, and each 1433 Internet identifiers corresponding website homepage or 1434 application software name, to the Department of Juvenile Justice 1435 before using such electronic mail addresses or Internet 1436 identifiers. 1437 2.A sexual offender shall report with the department 1438 through the departments online system or in person to the 1439 sheriffs office within 48 hours after any change in vehicles 1440 owned to report those vehicle information changes. 1441 3.A sexual offender shall register all changes to vehicles 1442 owned, all changes to home telephone numbers and cellular 1443 telephone numbers, including added and deleted numbers, all 1444 changes to employment information, and all changes in status 1445 related to enrollment, volunteering, or employment at 1446 institutions of higher education, through the departments 1447 online system; in person at the sheriffs office; in person at 1448 the Department of Corrections if the sexual offender is in the 1449 custody or control, or under the supervision, of the Department 1450 of Corrections; or in person at the Department of Juvenile 1451 Justice if the sexual offender is in the custody or control, or 1452 under the supervision, of the Department of Juvenile Justice. 1453 All changes required to be reported under this subparagraph must 1454 be reported within 48 hours after the change. 1455 4.The department shall establish an online system through 1456 which sexual offenders may securely access, submit, and update 1457 all changes in status to vehicles owned; electronic mail 1458 addresses; Internet identifiers and each Internet identifiers 1459 corresponding website homepage or application software name; 1460 home telephone numbers and cellular telephone numbers; 1461 employment information; and institution of higher education 1462 information. 1463 (e)If the sexual offender is in the custody of a local 1464 jail, the custodian of the local jail shall register the sexual 1465 offender within 3 business days after intake of the sexual 1466 offender for any reason and upon release, and shall forward the 1467 registration information to the department. The custodian of the 1468 local jail shall also take a digitized photograph of the sexual 1469 offender while the sexual offender remains in custody and shall 1470 provide the digitized photograph to the department. The 1471 custodian shall notify the department if the sexual offender 1472 escapes from custody or dies. 1473 (6)ESTABLISHING A RESIDENCE WITHIN THIS STATE AFTER 1474 INITIAL REGISTRATION. 1475 (a)A sexual offender shall report in person to a driver 1476 license office, or through an authorized alternate method as 1477 provided by the Department of Highway Safety and Motor Vehicles, 1478 and is subject to the requirements specified in subsection (4): 1479 1.Each time a sexual offenders driver license or 1480 identification card is subject to renewal; and 1481 2.Without regard to the status of the offenders driver 1482 license or identification card, within 48 hours after any change 1483 in the offenders permanent, temporary, or transient residence. 1484 (b)The Department of Highway Safety and Motor Vehicles 1485 shall forward to the department all photographs and information 1486 provided by sexual offenders. Notwithstanding the restrictions 1487 set forth in s. 322.142, the Department of Highway Safety and 1488 Motor Vehicles may release a reproduction of a color-photograph 1489 or digital-image license to the Department of Law Enforcement 1490 for purposes of public notification of sexual offenders as 1491 provided in this section and ss. 943.043 and 944.606. 1492 (c)A sexual offender who is unable to secure or update a 1493 driver license or an identification card with the Department of 1494 Highway Safety and Motor Vehicles as provided in subsection (4) 1495 and this subsection shall also report any change in the sexual 1496 offenders permanent, temporary, or transient residence within 1497 48 hours after the change to the sheriffs office in the county 1498 where the offender resides or is located and provide 1499 confirmation that he or she reported such information to the 1500 Department of Highway Safety and Motor Vehicles. The reporting 1501 requirements under this paragraph do not negate the requirement 1502 for a sexual offender to obtain a Florida driver license or an 1503 identification card as required in this section. 1504 (d)A sexual offender who vacates a permanent, temporary, 1505 or transient residence and fails to establish or maintain 1506 another permanent, temporary, or transient residence shall, 1507 within 48 hours after vacating the permanent, temporary, or 1508 transient residence, report in person to the sheriffs office of 1509 the county in which he or she is located. The sexual offender 1510 shall specify the date upon which he or she intends to or did 1511 vacate such residence. The sexual offender must provide or 1512 update all of the registration information required under 1513 paragraph (4)(b). The sexual offender must provide an address 1514 for the residence or other place where he or she is or will be 1515 located during the time in which he or she fails to establish or 1516 maintain a permanent or temporary residence. 1517 (e)A sexual offender who remains at a permanent, 1518 temporary, or transient residence after reporting his or her 1519 intent to vacate such residence shall, within 48 hours after the 1520 date upon which the offender indicated he or she would or did 1521 vacate such residence, report in person to the agency to which 1522 he or she reported pursuant to paragraph (d) for the purpose of 1523 reporting his or her address at such residence. When the sheriff 1524 receives the report, the sheriff shall promptly convey the 1525 information to the department. An offender who makes a report as 1526 required under paragraph (d) but fails to make a report as 1527 required under this paragraph commits a felony of the second 1528 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1529 775.084. 1530 (7)ESTABLISHING A NON-FLORIDA RESIDENCE; INTERNATIONAL 1531 TRAVEL. 1532 (a)A sexual offender who intends to establish a permanent, 1533 temporary, or transient residence in another state or 1534 jurisdiction other than the State of Florida shall report in 1535 person to the sheriff of the county of current residence at 1536 least 48 hours before the date he or she intends to leave this 1537 state to establish residence in another state or jurisdiction or 1538 at least 21 days before the date he or she intends to travel 1539 outside of the United States. Any travel that is not known by 1540 the sexual offender 48 hours before he or she intends to 1541 establish a residence in another state or jurisdiction, or 21 1542 days before the departure date for travel outside of the United 1543 States, must be reported in person to the sheriffs office as 1544 soon as possible before departure. The sexual offender shall 1545 provide to the sheriff the address, municipality, county, state, 1546 and country of intended residence. For international travel, the 1547 sexual offender shall also provide travel information, 1548 including, but not limited to, expected departure and return 1549 dates, flight number, airport of departure, cruise port of 1550 departure, or any other means of intended travel. The sheriff 1551 shall promptly provide to the department the information 1552 received from the sexual offender. The department shall notify 1553 the statewide law enforcement agency, or a comparable agency, in 1554 the intended state, jurisdiction, or country of residence or the 1555 intended country of travel of the sexual offenders intended 1556 residence or intended travel. The failure of a sexual offender 1557 to provide his or her intended place of residence or intended 1558 travel is punishable as provided in subsection (13). 1559 (b)A sexual offender who indicates his or her intent to 1560 establish a permanent, temporary, or transient residence in 1561 another state, a jurisdiction other than the State of Florida, 1562 or another country and later decides to remain in this state 1563 shall, within 48 hours after the date upon which the sexual 1564 offender indicated he or she would leave this state, report in 1565 person to the sheriffs office to which the sexual offender 1566 reported the intended change of permanent, temporary, or 1567 transient residence, and report his or her intent to remain in 1568 this state. The sheriff shall promptly report this information 1569 to the department. A sexual offender who reports his or her 1570 intent to establish a permanent, temporary, or transient 1571 residence in another state, a jurisdiction other than the State 1572 of Florida, or another country but who remains in this state 1573 without reporting to the sheriff in the manner required by this 1574 subsection commits a felony of the second degree, punishable as 1575 provided in s. 775.082, s. 775.083, or s. 775.084. 1576 (8)TRANSIENT REPORTING. 1577 (a)A sexual offender shall report in person at the 1578 sheriffs office in the county in which he or she is located 1579 within 48 hours after establishing a transient residence and 1580 thereafter must report in person every 30 days to the sheriffs 1581 office in the county in which he or she is located while 1582 maintaining a transient residence. The sexual offender must 1583 provide the addresses and locations where he or she maintains a 1584 transient residence. Each sheriffs office shall establish 1585 procedures for reporting transient residence information and 1586 provide notice to transient registrants to report transient 1587 residence information as required in this paragraph. Reporting 1588 to the sheriffs office as required by this paragraph does not 1589 exempt registrants from any reregistration requirement. The 1590 sheriff may coordinate and enter into agreements with police 1591 departments and other governmental entities to facilitate 1592 additional reporting sites for transient residence registration 1593 required in this paragraph. The sheriffs office shall 1594 electronically submit to and update with the department all such 1595 information within 2 business days after it is provided to the 1596 office. 1597 (b)The failure of a sexual offender who maintains a 1598 transient residence to report in person to the sheriffs office 1599 every 30 days as required in paragraph (a) is punishable as 1600 provided in subsection (13). 1601 (9)BIANNUAL AND QUARTERLY REREGISTRATION REQUIREMENTS. 1602 (a)A sexual offender must report in person each year 1603 during the month of the sexual offenders birthday and during 1604 the sixth month following the sexual offenders birth month to 1605 the sheriffs office in the county in which he or she resides or 1606 is otherwise located to reregister. 1607 (b)However, a sexual offender who is required to register 1608 as a result of a conviction for: 1609 1.Section 787.01 or s. 787.02 where the victim is a minor; 1610 2.Section 794.011, excluding s. 794.011(10); 1611 3.Section 800.04(4)(a)2. where the court finds the offense 1612 involved a victim under 12 years of age or sexual activity by 1613 the use of force or coercion; 1614 4.Section 800.04(5)(b); 1615 5.Section 800.04(5)(c)1. where the court finds molestation 1616 involving unclothed genitals or genital area; 1617 6.Section 800.04(5)(c)2. where the court finds molestation 1618 involving the use of force or coercion and unclothed genitals or 1619 genital area; 1620 7.Section 800.04(5)(d) where the court finds the use of 1621 force or coercion and unclothed genitals or genital area; 1622 8.Section 825.1025(2)(a); 1623 9.Any attempt or conspiracy to commit such offense; 1624 10.A violation of a similar law of another jurisdiction; 1625 or 1626 11.A violation of a similar offense committed in this 1627 state which has been redesignated from a former statute number 1628 to one of those listed in this paragraph, 1629 1630 must reregister each year during the month of the sexual 1631 offenders birthday and every third month thereafter. 1632 (c)The sheriffs office may determine the appropriate 1633 times and days for reporting by the sexual offender, which must 1634 be consistent with the reporting requirements of this 1635 subsection. Reregistration must include any changes to the 1636 following information: 1637 1.Name; social security number; age; race; sex; date of 1638 birth; height; weight; tattoos or other identifying marks; hair 1639 and eye color; address of any permanent residence and address of 1640 any current temporary residence, within this state or out of 1641 state, including a rural route address and a post office box; if 1642 he or she has no permanent or temporary address, any transient 1643 residence within this state; address, location or description, 1644 and dates of any current or known future temporary residence 1645 within this state or out of state; all electronic mail addresses 1646 or Internet identifiers and each Internet identifiers 1647 corresponding website homepage or application software name; all 1648 home telephone numbers and cellular telephone numbers; 1649 employment information; the make, model, color, vehicle 1650 identification number (VIN), and license tag number of all 1651 vehicles owned; fingerprints; palm prints; and photograph. A 1652 post office box may not be provided in lieu of a physical 1653 residential address. The sexual offender shall also produce his 1654 or her passport, if he or she has a passport, and, if he or she 1655 is an alien, shall produce or provide information about 1656 documents establishing his or her immigration status. The sexual 1657 offender shall also provide information about any professional 1658 licenses he or she has. 1659 2.If the sexual offender is enrolled or employed, whether 1660 for compensation or as a volunteer, at an institution of higher 1661 education in this state, the sexual offender shall also provide 1662 to the department the name, address, and county of each 1663 institution, including each campus attended, and the sexual 1664 offenders enrollment, volunteer, or employment status. 1665 3.If the sexual offenders place of residence is a motor 1666 vehicle, trailer, mobile home, or manufactured home, as those 1667 terms are defined in chapter 320, the sexual offender shall also 1668 provide the vehicle identification number (VIN); the license tag 1669 number; the registration number; and a description, including 1670 color scheme, of the motor vehicle, trailer, mobile home, or 1671 manufactured home. If the sexual offenders place of residence 1672 is a vessel, live-aboard vessel, or houseboat, as those terms 1673 are defined in chapter 327, the sexual offender shall also 1674 provide the hull identification number; the manufacturers 1675 serial number; the name of the vessel, live-aboard vessel, or 1676 houseboat; the registration number of the vessel, live-aboard 1677 vessel, or houseboat; and a description, including color scheme, 1678 of the vessel, live-aboard vessel, or houseboat. 1679 4.Any sexual offender who fails to report in person as 1680 required at the sheriffs office, who fails to respond to any 1681 address verification correspondence from the department within 3 1682 weeks after the date of the correspondence, who fails to report 1683 all electronic mail addresses and all Internet identifiers, and 1684 each Internet identifiers corresponding website homepage or 1685 application software name, or who knowingly provides false 1686 registration information by act or omission commits a felony of 1687 the third degree, punishable as provided in s. 775.082, s. 1688 775.083, or s. 775.084. 1689 (d)The sheriffs office shall electronically submit to and 1690 update with the department, in a manner prescribed by the 1691 department, all such information provided by the sexual offender 1692 within 2 business days after it is provided to the office. 1693 (10)VERIFICATION.County and local law enforcement 1694 agencies, in conjunction with the department, shall verify the 1695 addresses of sexual offenders who are not under the care, 1696 custody, control, or supervision of the Department of 1697 Corrections, and may verify the addresses of sexual offenders 1698 who are under the care, custody, control, or supervision of the 1699 Department of Corrections, in a manner that is consistent with 1700 the provisions of the federal Adam Walsh Child Protection and 1701 Safety Act of 2006 and any other federal standards applicable to 1702 such verification or required to be met as a condition for the 1703 receipt of federal funds by the state. Local law enforcement 1704 agencies shall report to the department any failure by a sexual 1705 offender to comply with registration requirements. 1706 (11)RELIEF FROM REGISTRATION.Except as provided in s. 1707 943.04354, a sexual offender shall maintain registration with 1708 the department for the duration of his or her life unless the 1709 sexual offender has received a full pardon or has had a 1710 conviction set aside in a postconviction proceeding for any 1711 offense that meets the criteria for classifying the person as a 1712 sexual offender for purposes of registration. However, a sexual 1713 offender shall be considered for removal of the requirement to 1714 register as a sexual offender only if the person: 1715 (a)1.Has been lawfully released from confinement, 1716 supervision, or sanction, whichever is later, for at least 25 1717 years and has not been arrested for any felony or misdemeanor 1718 offense since release, provided that the sexual offenders 1719 requirement to register was not based upon an adult conviction: 1720 a.For a violation of s. 787.01 or s. 787.02; 1721 b.For a violation of s. 794.011, excluding s. 794.011(10); 1722 c.For a violation of s. 800.04(4)(a)2. where the court 1723 finds the offense involved a victim under 12 years of age or 1724 sexual activity by the use of force or coercion; 1725 d.For a violation of s. 800.04(5)(b); 1726 e.For a violation of s. 800.04(5)(c)2. where the court 1727 finds the offense involved the use of force or coercion and 1728 unclothed genitals or genital area; 1729 f.For a violation of s. 825.1025(2)(a); 1730 g.For any attempt or conspiracy to commit any such 1731 offense; 1732 h.For a violation of similar law of another jurisdiction; 1733 or 1734 i.For a violation of a similar offense committed in this 1735 state which has been redesignated from a former statute number 1736 to one of those listed in this subparagraph. 1737 2.If the sexual offender meets the criteria in 1738 subparagraph 1., the sexual offender may, for the purpose of 1739 removing the requirement for registration as a sexual offender, 1740 petition the criminal division of the circuit court of the 1741 circuit: 1742 a.Where the conviction or adjudication occurred, for a 1743 conviction in this state; 1744 b.Where the sexual offender resides, for a conviction of a 1745 violation of similar law of another jurisdiction; or 1746 c.Where the sexual offender last resided, for a sexual 1747 offender with a conviction of a violation of similar law of 1748 another jurisdiction who no longer resides in this state. 1749 3.The court may grant or deny relief if the offender 1750 demonstrates to the court that he or she has not been arrested 1751 for any crime since release; the requested relief complies with 1752 the federal Adam Walsh Child Protection and Safety Act of 2006 1753 and any other federal standards applicable to the removal of 1754 registration requirements for a sexual offender or required to 1755 be met as a condition for the receipt of federal funds by the 1756 state; and the court is otherwise satisfied that the offender is 1757 not a current or potential threat to public safety. The 1758 department and the state attorney in the circuit in which the 1759 petition is filed must be given notice of the petition at least 1760 3 weeks before the hearing on the matter. The department and the 1761 state attorney may present evidence in opposition to the 1762 requested relief or may otherwise demonstrate the reasons why 1763 the petition should be denied. If the court denies the petition, 1764 the court may set a future date at which the sexual offender may 1765 again petition the court for relief, subject to the standards 1766 for relief provided in this subsection. 1767 4.The department shall remove an offender from 1768 classification as a sexual offender for purposes of registration 1769 if the offender provides to the department a certified copy of 1770 the courts written findings or order that indicates that the 1771 offender is no longer required to comply with the requirements 1772 for registration as a sexual offender. 1773 5.To qualify for removal under this paragraph, the sexual 1774 offender must not only establish the requisite criteria to be 1775 considered for removal, but also that they do not meet the 1776 criteria for registration under any other sub-subparagraph under 1777 subparagraph (1)(h)1. 1778 (b)Maintains registration with the department as described 1779 in sub-subparagraph (1)(h)1.b. for the duration of his or her 1780 life until the person provides the department with an order 1781 issued by the court that designated the person as a sexual 1782 predator, as a sexually violent predator, or any other sexual 1783 offender designation in the state or jurisdiction in which the 1784 order was issued which states that such designation has been 1785 removed or demonstrates to the department that such designation, 1786 if not imposed by a court, has been removed by operation of law 1787 or court order in the state or jurisdiction in which the 1788 designation was made, provided that such person no longer meets 1789 the criteria for registration as a sexual offender under the 1790 laws of this state. To qualify for removal, all sexual offenders 1791 as described in sub-subparagraph (1)(h)1.b. must not only 1792 establish that their designation has been removed but also that 1793 they do not meet the criteria for registration under any other 1794 sub-subparagraph under subparagraph (1)(h)1. 1795 (c)Maintains registration with the department as described 1796 in sub-subparagraph (1)(h)1.b. until the person provides the 1797 department with an order issued by the court that designated the 1798 person as a sexual predator, as a sexually violent predator, or 1799 any other sexual offender designation in the state or 1800 jurisdiction in which the order was issued which states that 1801 such designation and registration records are confidential and 1802 exempt from public disclosure or, if not imposed by a court, 1803 until the person provides the department with documentation that 1804 shows that his or her designation has been made confidential and 1805 exempt from public disclosure through operation of law in the 1806 state or jurisdiction in which the designation was made, 1807 provided that such person no longer meets the criteria for 1808 registration as a sexual offender under the laws of this state. 1809 To qualify for removal, all sexual offenders as described in 1810 sub-subparagraph (1)(h)1.b. must not only establish that their 1811 designation and registration records are confidential and exempt 1812 from public disclosure, but also that they do not meet the 1813 criteria for registration under any other sub-subparagraph under 1814 subparagraph (1)(h)1. 1815 (12)IMMUNITY.The department, the Department of Highway 1816 Safety and Motor Vehicles, the Department of Corrections, the 1817 Department of Juvenile Justice, any law enforcement agency in 1818 this state, and the personnel of those departments; an elected 1819 or appointed official, public employee, or school administrator; 1820 or an employee, agency, or any individual or entity acting at 1821 the request or upon the direction of any law enforcement agency 1822 is immune from civil liability for damages for good faith 1823 compliance with the requirements of this section or for the 1824 release of information under this section, and shall be presumed 1825 to have acted in good faith in compiling, recording, reporting, 1826 or releasing the information. The presumption of good faith is 1827 not overcome if a technical or clerical error is made by the 1828 department, the Department of Highway Safety and Motor Vehicles, 1829 the Department of Corrections, the Department of Juvenile 1830 Justice, the personnel of those departments, or any individual 1831 or entity acting at the request or upon the direction of any of 1832 those departments in compiling or providing information, or if 1833 information is incomplete or incorrect because a sexual offender 1834 fails to report or falsely reports his or her current place of 1835 permanent, temporary, or transient residence. 1836 (13)PENALTIES. 1837 (a)A sexual offender who does not comply with the 1838 requirements of this section commits a felony of the third 1839 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1840 775.084. 1841 (b)For a felony violation of this section, excluding 1842 subsection (14), committed on or after July 1, 2018, if the 1843 court does not impose a prison sentence, the court shall impose 1844 a mandatory minimum term of community control, as defined in s. 1845 948.001, as follows: 1846 1.For a first offense, a mandatory minimum term of 6 1847 months with electronic monitoring. 1848 2.For a second offense, a mandatory minimum term of 1 year 1849 with electronic monitoring. 1850 3.For a third or subsequent offense, a mandatory minimum 1851 term of 2 years with electronic monitoring. 1852 (c)A sexual offender who commits any act or omission in 1853 violation of this section may be prosecuted for the act or 1854 omission in the county in which the act or omission was 1855 committed, in the county of the last registered address of the 1856 sexual offender, in the county in which the conviction occurred 1857 for the offense or offenses that meet the criteria for 1858 designating a person as a sexual offender, in the county where 1859 the sexual offender was released from incarceration, or in the 1860 county of the intended address of the sexual offender as 1861 reported by the offender prior to his or her release from 1862 incarceration. 1863 (d)An arrest on charges of failure to register when the 1864 offender has been provided and advised of his or her statutory 1865 obligations to register under subsection (4), the service of an 1866 information or a complaint for a violation of this section, or 1867 an arraignment on charges for a violation of this section 1868 constitutes actual notice of the duty to register. A sexual 1869 offenders failure to immediately register as required by this 1870 section following such arrest, service, or arraignment 1871 constitutes grounds for a subsequent charge of failure to 1872 register. A sexual offender charged with the crime of failure to 1873 register who asserts, or intends to assert, a lack of notice of 1874 the duty to register as a defense to a charge of failure to 1875 register shall immediately register as required by this section. 1876 A sexual offender who is charged with a subsequent failure to 1877 register may not assert the defense of a lack of notice of the 1878 duty to register. Registration following such arrest, service, 1879 or arraignment is not a defense and does not relieve the sexual 1880 offender of criminal liability for the failure to register. 1881 (14)PENALTIES FOR ASSISTING SEXUAL OFFENDER 1882 NONCOMPLIANCE.Any person who has reason to believe that a 1883 sexual offender is not complying, or has not complied, with the 1884 requirements of this section and who, with the intent to assist 1885 the sexual offender in eluding a law enforcement agency that is 1886 seeking to find the sexual offender to question the sexual 1887 offender about, or to arrest the sexual offender for, his or her 1888 noncompliance with the requirements of this section: 1889 (a)Withholds information from, or does not notify, the law 1890 enforcement agency about the sexual offenders noncompliance 1891 with the requirements of this section, and, if known, the 1892 whereabouts of the sexual offender; 1893 (b)Harbors, or attempts to harbor, or assists another 1894 person in harboring or attempting to harbor, the sexual 1895 offender; 1896 (c)Conceals or attempts to conceal, or assists another 1897 person in concealing or attempting to conceal, the sexual 1898 offender; or 1899 (d)Provides information to the law enforcement agency 1900 regarding the sexual offender that the person knows to be false 1901 information, 1902 1903 commits a felony of the third degree, punishable as provided in 1904 s. 775.082, s. 775.083, or s. 775.084. 1905 Section 3.Paragraph (a) of subsection (4) of section 1906 944.607, Florida Statutes, is reenacted and amended to read: 1907 944.607Notification to Department of Law Enforcement of 1908 information on sexual offenders. 1909 (4)A sexual offender, as described in this section, who is 1910 under the supervision of the Department of Corrections but is 1911 not incarcerated shall register with the Department of 1912 Corrections within 3 business days after sentencing for a 1913 registrable offense and otherwise provide information as 1914 required by this subsection. 1915 (a)The sexual offender shall provide his or her name; date 1916 of birth; social security number; race; sex; height; weight; 1917 hair and eye color; tattoos or other identifying marks; all 1918 electronic mail addresses and Internet identifiers required to 1919 be provided pursuant to s. 943.0435(5)(d) s. 943.0435(4)(e); 1920 employment information required to be provided pursuant to s. 1921 943.0435(5)(d) s. 943.0435(4)(e); all home telephone numbers and 1922 cellular telephone numbers required to be provided pursuant to 1923 s. 943.0435(5)(d) s. 943.0435(4)(e); the make, model, color, 1924 vehicle identification number (VIN), and license tag number of 1925 all vehicles owned; permanent or legal residence and address of 1926 temporary residence within this the state or out of state while 1927 the sexual offender is under supervision in this state, 1928 including any rural route address or post office box; if he or 1929 she has no permanent or temporary address, any transient 1930 residence within this the state; and address, location or 1931 description, and dates of any current or known future temporary 1932 residence within this the state or out of state. The sexual 1933 offender must shall also produce his or her passport, if he or 1934 she has a passport, and, if he or she is an alien, must shall 1935 produce or provide information about documents establishing his 1936 or her immigration status. The sexual offender shall also 1937 provide information about any professional licenses he or she 1938 has. The Department of Corrections shall verify the address of 1939 each sexual offender in the manner described in ss. 775.21 and 1940 943.0435. The department shall report to the Department of Law 1941 Enforcement any failure by a sexual predator or sexual offender 1942 to comply with registration requirements. 1943 Section 4.Subsection (4) of section 322.141, Florida 1944 Statutes, is amended to read: 1945 322.141Color or markings of certain licenses or 1946 identification cards. 1947 (4)Unless previously secured or updated, each sexual 1948 offender and sexual predator shall report to the department 1949 during the month of his or her reregistration as required under 1950 s. 775.21(10) s. 775.21(8), s. 943.0435(9) s. 943.0435(14), or 1951 s. 944.607(13) in order to obtain an updated or renewed driver 1952 license or identification card as required by subsection (3). 1953 Section 5.Subsection (1) of section 794.056, Florida 1954 Statutes, is amended to read: 1955 794.056Rape Crisis Program Trust Fund. 1956 (1)The Rape Crisis Program Trust Fund is created within 1957 the Department of Health for the purpose of providing funds for 1958 rape crisis centers in this state. Trust fund moneys must shall 1959 be used exclusively for the purpose of providing services for 1960 victims of sexual assault. Funds credited to the trust fund 1961 consist of those funds collected as an additional court 1962 assessment in each case in which a defendant pleads guilty or 1963 nolo contendere to, or is found guilty of, regardless of 1964 adjudication, an offense provided in s. 775.21(6)-(9), (14)(a) 1965 and (b), and (15)(g) s. 775.21(6) and (10)(a), (b), and (g); s. 1966 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045; s. 1967 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s. 1968 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s. 787.025; s. 1969 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 1970 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 1971 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 1972 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 1973 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 1974 847.0145; s. 943.0435(6)(e), (7), (9)(c), (13)(a), and (14) s. 1975 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s. 1976 985.701(1). Funds credited to the trust fund also must shall 1977 include revenues provided by law, moneys appropriated by the 1978 Legislature, and grants from public or private entities. 1979 Section 6.Paragraph (g) of subsection (3) of section 1980 921.0022, Florida Statutes, is amended to read: 1981 921.0022Criminal Punishment Code; offense severity ranking 1982 chart. 1983 (3)OFFENSE SEVERITY RANKING CHART 1984 (g)LEVEL 7 1985 1986 FloridaStatute FelonyDegree Description 1987 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 1988 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 1989 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. 1990 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 1991 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 1992 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 1993 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 1994 456.065(2) 3rd Practicing a health care profession without a license. 1995 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 1996 458.327(1) 3rd Practicing medicine without a license. 1997 459.013(1) 3rd Practicing osteopathic medicine without a license. 1998 460.411(1) 3rd Practicing chiropractic medicine without a license. 1999 461.012(1) 3rd Practicing podiatric medicine without a license. 2000 462.17 3rd Practicing naturopathy without a license. 2001 463.015(1) 3rd Practicing optometry without a license. 2002 464.016(1) 3rd Practicing nursing without a license. 2003 465.015(2) 3rd Practicing pharmacy without a license. 2004 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 2005 467.201 3rd Practicing midwifery without a license. 2006 468.366 3rd Delivering respiratory care services without a license. 2007 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 2008 483.901(7) 3rd Practicing medical physics without a license. 2009 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 2010 484.053 3rd Dispensing hearing aids without a license. 2011 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. 2012 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. 2013 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 2014 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 2015 775.21(14)(a)775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 2016 775.21(14)(b)775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 2017 775.21(15)(a)775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 2018 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 2019 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 2020 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 2021 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 2022 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 2023 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 2024 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 2025 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 2026 784.048(7) 3rd Aggravated stalking; violation of court order. 2027 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 2028 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 2029 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 2030 784.081(1) 1st Aggravated battery on specified official or employee. 2031 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 2032 784.083(1) 1st Aggravated battery on code inspector. 2033 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 2034 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. 2035 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 2036 790.16(1) 1st Discharge of a machine gun under specified circumstances. 2037 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 2038 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 2039 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 2040 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 2041 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 2042 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. 2043 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 2044 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 2045 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 2046 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. 2047 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. 2048 806.01(2) 2nd Maliciously damage structure by fire or explosive. 2049 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 2050 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 2051 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 2052 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 2053 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. 2054 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 2055 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 2056 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 2057 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 2058 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 2059 812.131(2)(a) 2nd Robbery by sudden snatching. 2060 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 2061 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 2062 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 2063 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 2064 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 2065 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. 2066 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 2067 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 2068 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 2069 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 2070 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 2071 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. 2072 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 2073 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 2074 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 2075 838.015 2nd Bribery. 2076 838.016 2nd Unlawful compensation or reward for official behavior. 2077 838.021(3)(a) 2nd Unlawful harm to a public servant. 2078 838.22 2nd Bid tampering. 2079 843.0855(2) 3rd Impersonation of a public officer or employee. 2080 843.0855(3) 3rd Unlawful simulation of legal process. 2081 843.0855(4) 3rd Intimidation of a public officer or employee. 2082 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 2083 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 2084 872.06 2nd Abuse of a dead human body. 2085 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 2086 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 2087 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)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 2088 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)5., within 1,000 feet of property used for religious services or a specified business site. 2089 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 2090 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 2091 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 2092 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 2093 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 2094 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 2095 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 2096 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 2097 893.135(1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 2098 893.135(1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 2099 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 2100 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 2101 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 2102 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 2103 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 2104 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 2105 893.135(1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 2106 893.135(1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 2107 893.135(1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 2108 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 2109 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 2110 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 2111 943.0435(6)(e)943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 2112 943.0435(7)(b)943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 2113 943.0435(9) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2114 943.0435(13)(a)943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 2115 943.0435(14)943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2116 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2117 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 2118 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 2119 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2120 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2121 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 2122 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 2123 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 2124 Section 7.Section 938.085, Florida Statutes, is amended to 2125 read: 2126 938.085Additional cost to fund rape crisis centers.In 2127 addition to any sanction imposed when a person pleads guilty or 2128 nolo contendere to, or is found guilty of, regardless of 2129 adjudication, a violation of s. 775.21(6)-(9), (14)(a) and (b), 2130 and (15)(g) s. 775.21(6) and (10)(a), (b), and (g); s. 784.011; 2131 s. 784.021; s. 784.03; s. 784.041; s. 784.045; s. 784.048; s. 2132 784.07; s. 784.08; s. 784.081; s. 784.082; s. 784.083; s. 2133 784.085; s. 787.01(3); s. 787.02(3); 787.025; s. 787.06; s. 2134 787.07; s. 794.011; s. 794.05; s. 794.08; former s. 796.03; 2135 former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s. 2136 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s. 2137 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s. 2138 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s. 2139 847.0145; s. 943.0435(6)(e), (7), (9)(c), (13)(a), and (14) s. 2140 943.0435(4)(c), (7), (8), (9)(a), (13), and (14)(c); or s. 2141 985.701(1), the court shall impose a surcharge of $151. Payment 2142 of the surcharge must shall be a condition of probation, 2143 community control, or any other court-ordered supervision. The 2144 sum of $150 of the surcharge must shall be deposited into the 2145 Rape Crisis Program Trust Fund established within the Department 2146 of Health by chapter 2003-140, Laws of Florida. The clerk of the 2147 court shall retain $1 of each surcharge that the clerk of the 2148 court collects as a service charge of the clerks office. 2149 Section 8.Paragraph (a) of subsection (3) of section 2150 944.606, Florida Statutes, is amended to read: 2151 944.606Sexual offenders; notification upon release. 2152 (3)(a)The department shall provide information regarding 2153 any sexual offender who is being released after serving a period 2154 of incarceration for any offense, as follows: 2155 1.The department shall provide: the sexual offenders 2156 name, any change in the offenders name by reason of marriage or 2157 other legal process, and any alias, if known; the correctional 2158 facility from which the sexual offender is released; the sexual 2159 offenders social security number, race, sex, date of birth, 2160 height, weight, and hair and eye color; tattoos or other 2161 identifying marks; address of any planned permanent residence or 2162 temporary residence, within this the state or out of state, 2163 including a rural route address and a post office box; if no 2164 permanent or temporary address, any transient residence within 2165 this the state; address, location or description, and dates of 2166 any known future temporary residence within this the state or 2167 out of state; date and county of sentence and each crime for 2168 which the offender was sentenced; a copy of the offenders 2169 fingerprints, palm prints, and a digitized photograph taken 2170 within 60 days before release; the date of release of the sexual 2171 offender; all electronic mail addresses and all Internet 2172 identifiers required to be provided pursuant to s. 2173 943.0435(5)(d) s. 943.0435(4)(e); employment information, if 2174 known, provided pursuant to s. 943.0435(5)(d) s. 943.0435(4)(e); 2175 all home telephone numbers and cellular telephone numbers 2176 required to be provided pursuant to s. 943.0435(5)(d) s. 2177 943.0435(4)(e); information about any professional licenses the 2178 offender has, if known; and passport information, if he or she 2179 has a passport, and, if he or she is an alien, information about 2180 documents establishing his or her immigration status. The 2181 department shall notify the Department of Law Enforcement if the 2182 sexual offender escapes, absconds, or dies. If the sexual 2183 offender is in the custody of a private correctional facility, 2184 the facility shall take the digitized photograph of the sexual 2185 offender within 60 days before the sexual offenders release and 2186 provide this photograph to the Department of Corrections and 2187 also place it in the sexual offenders file. If the sexual 2188 offender is in the custody of a local jail, the custodian of the 2189 local jail shall register the offender within 3 business days 2190 after intake of the offender for any reason and upon release, 2191 and shall notify the Department of Law Enforcement of the sexual 2192 offenders release and provide to the Department of Law 2193 Enforcement the information specified in this paragraph and any 2194 information specified in subparagraph 2. that the Department of 2195 Law Enforcement requests. 2196 2.The department may provide any other information deemed 2197 necessary, including criminal and corrections records, 2198 nonprivileged personnel and treatment records, when available. 2199 Section 9.Paragraph (b) of subsection (4), subsection (9), 2200 paragraph (c) of subsection (10), and paragraph (c) of 2201 subsection (13) of section 944.607, Florida Statutes, are 2202 amended to read: 2203 944.607Notification to Department of Law Enforcement of 2204 information on sexual offenders. 2205 (4)A sexual offender, as described in this section, who is 2206 under the supervision of the Department of Corrections but is 2207 not incarcerated shall register with the Department of 2208 Corrections within 3 business days after sentencing for a 2209 registrable offense and otherwise provide information as 2210 required by this subsection. 2211 (b)If the sexual offender is enrolled or employed, whether 2212 for compensation or as a volunteer, at an institution of higher 2213 education in this state, the sexual offender must shall provide 2214 the name, address, and county of each institution, including 2215 each campus attended, and the sexual offenders enrollment, 2216 volunteer, or employment status required to be provided pursuant 2217 to s. 943.0435(5)(d) s. 943.0435(4)(e). Each change in status at 2218 an institution of higher education must be reported to the 2219 department within 48 hours after the change in status at an 2220 institution of higher education as provided pursuant to s. 2221 943.0435(5)(d) s. 943.0435(4)(e). The Department of Corrections 2222 shall promptly notify each institution of the sexual offenders 2223 presence and any change in the sexual offenders enrollment, 2224 volunteer, or employment status. 2225 (9)A sexual offender, as described in this section, who is 2226 under the supervision of the Department of Corrections but who 2227 is not incarcerated shall, in addition to the registration 2228 requirements provided in subsection (4), register and obtain a 2229 distinctive driver license or identification card in the manner 2230 provided in s. 943.0435(2), (4), (5), (6), and (8) s. 2231 943.0435(3), (4), and (5), unless the sexual offender is a 2232 sexual predator, in which case he or she shall register and 2233 obtain a distinctive driver license or identification card as 2234 required under s. 775.21. A sexual offender who fails to comply 2235 with the requirements of s. 943.0435 is subject to the penalties 2236 provided in s. 943.0435(13) s. 943.0435(9). 2237 (10) 2238 (c)An arrest on charges of failure to register when the 2239 offender has been provided and advised of his or her statutory 2240 obligations to register under s. 943.0435(4) s. 943.0435(2), the 2241 service of an information or a complaint for a violation of this 2242 section, or an arraignment on charges for a violation of this 2243 section constitutes actual notice of the duty to register. A 2244 sexual offenders failure to immediately register as required by 2245 this section following such arrest, service, or arraignment 2246 constitutes grounds for a subsequent charge of failure to 2247 register. A sexual offender charged with the crime of failure to 2248 register who asserts, or intends to assert, a lack of notice of 2249 the duty to register as a defense to a charge of failure to 2250 register shall immediately register as required by this section. 2251 A sexual offender who is charged with a subsequent failure to 2252 register may not assert the defense of a lack of notice of the 2253 duty to register. 2254 (13) 2255 (c)The sheriffs office may determine the appropriate 2256 times and days for reporting by the sexual offender, which must 2257 be consistent with the reporting requirements of this 2258 subsection. Reregistration must include any changes to the 2259 following information: 2260 1.Name; social security number; age; race; sex; date of 2261 birth; height; weight; tattoos or other identifying marks; hair 2262 and eye color; address of any permanent residence and address of 2263 any current temporary residence, within this the state or out of 2264 state, including a rural route address and a post office box; if 2265 no permanent or temporary address, any transient residence; 2266 address, location or description, and dates of any current or 2267 known future temporary residence within this the state or out of 2268 state; all electronic mail addresses and Internet identifiers 2269 required to be provided pursuant to s. 943.0435(5)(d) s. 2270 943.0435(4)(e); all home telephone numbers and cellular 2271 telephone numbers required to be provided pursuant to s. 2272 943.0435(5)(d) s. 943.0435(4)(e); employment information 2273 required to be provided pursuant to s. 943.0435(5)(d) s. 2274 943.0435(4)(e); the make, model, color, vehicle identification 2275 number (VIN), and license tag number of all vehicles owned; 2276 fingerprints; palm prints; and photograph. A post office box may 2277 not be provided in lieu of a physical residential address. The 2278 sexual offender must shall also produce his or her passport, if 2279 he or she has a passport, and, if he or she is an alien, must 2280 shall produce or provide information about documents 2281 establishing his or her immigration status. The sexual offender 2282 shall also provide information about any professional licenses 2283 he or she has. 2284 2.If the sexual offender is enrolled or employed, whether 2285 for compensation or as a volunteer, at an institution of higher 2286 education in this state, the sexual offender must shall also 2287 provide to the department the name, address, and county of each 2288 institution, including each campus attended, and the sexual 2289 offenders enrollment, volunteer, or employment status. 2290 3.If the sexual offenders place of residence is a motor 2291 vehicle, trailer, mobile home, or manufactured home, as defined 2292 in chapter 320, the sexual offender must shall also provide the 2293 vehicle identification number; the license tag number; the 2294 registration number; and a description, including color scheme, 2295 of the motor vehicle, trailer, mobile home, or manufactured 2296 home. If the sexual offenders place of residence is a vessel, 2297 live-aboard vessel, or houseboat, as defined in chapter 327, the 2298 sexual offender must shall also provide the hull identification 2299 number; the manufacturers serial number; the name of the 2300 vessel, live-aboard vessel, or houseboat; the registration 2301 number; and a description, including color scheme, of the 2302 vessel, live-aboard vessel or houseboat. 2303 4.Any sexual offender who fails to report in person as 2304 required at the sheriffs office, who fails to respond to any 2305 address verification correspondence from the department within 3 2306 weeks of the date of the correspondence, who fails to report all 2307 electronic mail addresses or Internet identifiers before use, or 2308 who knowingly provides false registration information by act or 2309 omission commits a felony of the third degree, punishable as 2310 provided in s. 775.082, s. 775.083, or s. 775.084. 2311 Section 10.Paragraph (a) of subsection (3) of section 2312 985.481, Florida Statutes, is amended to read: 2313 985.481Sexual offenders adjudicated delinquent; 2314 notification upon release. 2315 (3)(a)The department shall provide information regarding 2316 any sexual offender who is being released after serving a period 2317 of residential commitment under the department for any offense, 2318 as follows: 2319 1.The department shall provide the sexual offenders name, 2320 any change in the offenders name by reason of marriage or other 2321 legal process, and any alias, if known; the correctional 2322 facility from which the sexual offender is released; the sexual 2323 offenders social security number, race, sex, date of birth, 2324 height, weight, and hair and eye color; tattoos or other 2325 identifying marks; the make, model, color, vehicle 2326 identification number (VIN), and license tag number of all 2327 vehicles owned; address of any planned permanent residence or 2328 temporary residence, within this the state or out of state, 2329 including a rural route address and a post office box; if no 2330 permanent or temporary address, any transient residence within 2331 this the state; address, location or description, and dates of 2332 any known future temporary residence within this the state or 2333 out of state; date and county of disposition and each crime for 2334 which there was a disposition; a copy of the offenders 2335 fingerprints, palm prints, and a digitized photograph taken 2336 within 60 days before release; the date of release of the sexual 2337 offender; all home telephone numbers and cellular telephone 2338 numbers required to be provided pursuant to s. 943.0435(5)(d) s. 2339 943.0435(4)(e); all electronic mail addresses and Internet 2340 identifiers required to be provided pursuant to s. 2341 943.0435(5)(d) s. 943.0435(4)(e); information about any 2342 professional licenses the offender has, if known; and passport 2343 information, if he or she has a passport, and, if he or she is 2344 an alien, information about documents establishing his or her 2345 immigration status. The department must shall notify the 2346 Department of Law Enforcement if the sexual offender escapes, 2347 absconds, or dies. If the sexual offender is in the custody of a 2348 private correctional facility, the facility must shall take the 2349 digitized photograph of the sexual offender within 60 days 2350 before the sexual offenders release and also place it in the 2351 sexual offenders file. If the sexual offender is in the custody 2352 of a local jail, the custodian of the local jail must shall 2353 register the offender within 3 business days after intake of the 2354 offender for any reason and upon release, and must shall notify 2355 the Department of Law Enforcement of the sexual offenders 2356 release and provide to the Department of Law Enforcement the 2357 information specified in this subparagraph and any information 2358 specified in subparagraph 2. which the Department of Law 2359 Enforcement requests. 2360 2.The department may provide any other information 2361 considered necessary, including criminal and delinquency 2362 records, when available. 2363 Section 11.Paragraph (a) of subsection (4), subsection 2364 (9), paragraph (c) of subsection (10), and paragraph (b) of 2365 subsection (13) of section 985.4815, Florida Statutes, are 2366 amended to read: 2367 985.4815Notification to Department of Law Enforcement of 2368 information on juvenile sexual offenders. 2369 (4)A sexual offender, as described in this section, who is 2370 under the supervision of the department but who is not committed 2371 shall register with the department within 3 business days after 2372 adjudication and disposition for a registrable offense and 2373 otherwise provide information as required by this subsection. 2374 (a)The sexual offender shall provide his or her name; date 2375 of birth; social security number; race; sex; height; weight; 2376 hair and eye color; tattoos or other identifying marks; the 2377 make, model, color, vehicle identification number (VIN), and 2378 license tag number of all vehicles owned; permanent or legal 2379 residence and address of temporary residence within this the 2380 state or out of state while the sexual offender is in the care 2381 or custody or under the jurisdiction or supervision of the 2382 department in this state, including any rural route address or 2383 post office box; if no permanent or temporary address, any 2384 transient residence; address, location or description, and dates 2385 of any current or known future temporary residence within this 2386 the state or out of state; all home telephone numbers and 2387 cellular telephone numbers required to be provided pursuant to 2388 s. 943.0435(5)(d) s. 943.0435(4)(e); all electronic mail 2389 addresses and Internet identifiers required to be provided 2390 pursuant to s. 943.0435(5)(d) s. 943.0435(4)(e); and the name 2391 and address of each school attended. The sexual offender must 2392 shall also produce his or her passport, if he or she has a 2393 passport, and, if he or she is an alien, must shall produce or 2394 provide information about documents establishing his or her 2395 immigration status. The offender shall also provide information 2396 about any professional licenses he or she has. The department 2397 shall verify the address of each sexual offender and shall 2398 report to the Department of Law Enforcement any failure by a 2399 sexual offender to comply with registration requirements. 2400 (9)A sexual offender, as described in this section, who is 2401 under the care, jurisdiction, or supervision of the department 2402 but who is not incarcerated shall, in addition to the 2403 registration requirements provided in subsection (4), register 2404 in the manner provided in s. 943.0435(2), (4), (5), (6), and (8) 2405 s. 943.0435(3), (4), and (5), unless the sexual offender is a 2406 sexual predator, in which case he or she shall register as 2407 required under s. 775.21. A sexual offender who fails to comply 2408 with the requirements of s. 943.0435 is subject to the penalties 2409 provided in s. 943.0435(13) s. 943.0435(9). 2410 (10) 2411 (c)An arrest on charges of failure to register when the 2412 offender has been provided and advised of his or her statutory 2413 obligations to register under s. 943.0435(4) s. 943.0435(2), the 2414 service of an information or a complaint for a violation of this 2415 section, or an arraignment on charges for a violation of this 2416 section constitutes actual notice of the duty to register. A 2417 sexual offenders failure to immediately register as required by 2418 this section following such arrest, service, or arraignment 2419 constitutes grounds for a subsequent charge of failure to 2420 register. A sexual offender charged with the crime of failure to 2421 register who asserts, or intends to assert, a lack of notice of 2422 the duty to register as a defense to a charge of failure to 2423 register shall immediately register as required by this section. 2424 A sexual offender who is charged with a subsequent failure to 2425 register may not assert the defense of a lack of notice of the 2426 duty to register. 2427 (13) 2428 (b)The sheriffs office may determine the appropriate 2429 times and days for reporting by the sexual offender, which must 2430 be consistent with the reporting requirements of this 2431 subsection. Reregistration must include any changes to the 2432 following information: 2433 1.Name; social security number; age; race; sex; date of 2434 birth; height; weight; hair and eye color; tattoos or other 2435 identifying marks; fingerprints; palm prints; address of any 2436 permanent residence and address of any current temporary 2437 residence, within this the state or out of state, including a 2438 rural route address and a post office box; if no permanent or 2439 temporary address, any transient residence; address, location or 2440 description, and dates of any current or known future temporary 2441 residence within this the state or out of state; passport 2442 information, if he or she has a passport, and, if he or she is 2443 an alien, information about documents establishing his or her 2444 immigration status; all home telephone numbers and cellular 2445 telephone numbers required to be provided pursuant to s. 2446 943.0435(5)(d) s. 943.0435(4)(e); all electronic mail addresses 2447 and Internet identifiers required to be provided pursuant to s. 2448 943.0435(5)(d) s. 943.0435(4)(e); name and address of each 2449 school attended; employment information required to be provided 2450 pursuant to s. 943.0435(5)(d) s. 943.0435(4)(e); the make, 2451 model, color, vehicle identification number (VIN), and license 2452 tag number of all vehicles owned; and photograph. A post office 2453 box may not be provided in lieu of a physical residential 2454 address. The offender shall also provide information about any 2455 professional licenses he or she has. 2456 2.If the sexual offender is enrolled or employed, whether 2457 for compensation or as a volunteer, at an institution of higher 2458 education in this state, the sexual offender shall also provide 2459 to the department the name, address, and county of each 2460 institution, including each campus attended, and the sexual 2461 offenders enrollment, volunteer, or employment status. 2462 3.If the sexual offenders place of residence is a motor 2463 vehicle, trailer, mobile home, or manufactured home, as defined 2464 in chapter 320, the sexual offender shall also provide the 2465 vehicle identification number; the license tag number; the 2466 registration number; and a description, including color scheme, 2467 of the motor vehicle, trailer, mobile home, or manufactured 2468 home. If the sexual offenders place of residence is a vessel, 2469 live-aboard vessel, or houseboat, as defined in chapter 327, the 2470 sexual offender shall also provide the hull identification 2471 number; the manufacturers serial number; the name of the 2472 vessel, live-aboard vessel, or houseboat; the registration 2473 number; and a description, including color scheme, of the 2474 vessel, live-aboard vessel, or houseboat. 2475 4.Any sexual offender who fails to report in person as 2476 required at the sheriffs office, who fails to respond to any 2477 address verification correspondence from the department within 3 2478 weeks after the date of the correspondence, or who knowingly 2479 provides false registration information by act or omission 2480 commits a felony of the third degree, punishable as provided in 2481 ss. 775.082, 775.083, and 775.084. 2482 Section 12.For the purpose of incorporating the amendment 2483 made by this act to section 775.21, Florida Statutes, in a 2484 reference thereto, paragraph (d) of subsection (1) of section 2485 944.606, Florida Statutes, is reenacted to read: 2486 944.606Sexual offenders; notification upon release. 2487 (1)As used in this section, the term: 2488 (d)Permanent residence, temporary residence, and 2489 transient residence have the same meaning as provided in s. 2490 775.21. 2491 Section 13.For the purpose of incorporating the amendment 2492 made by this act to section 775.21, Florida Statutes, in a 2493 reference thereto, paragraph (d) of subsection (1) of section 2494 985.481, Florida Statutes, is reenacted to read: 2495 985.481Sexual offenders adjudicated delinquent; 2496 notification upon release. 2497 (1)As used in this section: 2498 (d)Permanent residence, temporary residence, and 2499 transient residence have the same meaning as provided in s. 2500 775.21. 2501 Section 14.For the purpose of incorporating the amendment 2502 made by this act to section 775.21, Florida Statutes, in a 2503 reference thereto, paragraph (f) of subsection (1) of section 2504 985.4815, Florida Statutes, is reenacted to read: 2505 985.4815Notification to Department of Law Enforcement of 2506 information on juvenile sexual offenders. 2507 (1)As used in this section, the term: 2508 (f)Permanent residence, temporary residence, and 2509 transient residence have the same meaning as provided in s. 2510 775.21. 2511 Section 15.This act shall take effect October 1, 2022.