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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to sexual predators and sexual 2
offenders; amending s. 775.21, F.S.; revising the 3
definitions of the terms "conviction," "permanent 4
residence," "temporary residence," and "transient 5
residence"; specifying that, in order to qualify for 6
removal of certain registration requirements, certain 7
sexual offenders must meet specified criteria; 8
authorizing sexual predators to report to the 9
Department of Law Enforcement through the department's 10
online system within a specified timeframe required 11
vehicle information changes after any change in 12
vehicles owned; requiring sheriffs' offices to report 13
to the department transient residence information in a 14
manner prescribed by the department; requiring 15
sheriffs' offices to electronically submit to and 16
update with the department specified information 17
within a specified timeframe after the sexual predator 18
provides it to the sheriff's office; requiring sexual 19
predators to register all changes to vehicles owned 20
through the department's online system; requiring the 21
department to establish an online system through which 22
sexual predators may securely access, submit, and 23
update all vehicles owned; revising the reporting 24
requirements and applicable timeframes with which a 25
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sexual predator must comply if he or she intends to 26
establish a certain permanent, temporary, or transient 27
residence or to travel; requiring sheriffs' offices to 28
electronically submit to and update with the 29
department, in a manner specified by the department, 30
specified information within a specified timefr ame 31
after the sexual predator provides it to the sheriff's 32
office; revising the list of requirements for which a 33
sexual predator's failure to comply constitutes a 34
criminal offense; specifying that each instance of a 35
failure to register or report changes to specified 36
required information constitutes a separate offense; 37
conforming provisions to changes made by the act; 38
making technical changes; amending s. 943.0435, F.S.; 39
revising the definition of the term "convicted"; 40
authorizing sexual offenders to report to the 41
department through the department's online system 42
within a specified timeframe required vehicle 43
information changes after any change in vehicles 44
owned; requiring sheriffs' offices to report to the 45
department transient residence information in a mann er 46
prescribed by the department; requiring sheriffs' 47
offices to electronically submit to and update with 48
the department specified information within a 49
specified timeframe after the sexual offender provides 50
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it to the sheriff's office; requiring sexual offen ders 51
to register all changes to vehicles owned through the 52
department's online system; requiring the department 53
to establish an online system through which sexual 54
offenders may securely access, submit, and update all 55
vehicles owned; requiring that, if a se xual offender 56
is in the custody of a local jail, the custodian of 57
the local jail register a sexual offender within a 58
specified timeframe after intake of the sexual 59
offender for any reason and upon release; requiring 60
the custodian to take a digitized photog raph of the 61
sexual offender and forward the photograph and such 62
registration information to the department; revising 63
the reporting requirements and applicable timeframes 64
with which a sexual offender must comply if he or she 65
intends to establish a certain p ermanent, temporary, 66
or transient residence or to travel; revising the list 67
of requirements for which a sexual offender's failure 68
to comply constitutes a criminal offense; specifying 69
that each instance of a failure to register or report 70
changes to specified required information constitutes 71
a separate offense; specifying that, in order to 72
qualify for removal of certain registration 73
requirements, certain sexual offenders must meet 74
specified criteria; requiring sheriffs' offices to 75
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electronically submit to and update with the 76
department, in a manner specified by the department, 77
specified information within a specified timeframe 78
after the sexual offender provides it to the sheriff's 79
office; conforming provisions to changes made by the 80
act; making technical chang es; reenacting s. 81
944.606(1)(d), F.S., relating to the definitions of 82
the terms "permanent residence," "temporary 83
residence," and "transient residence," to incorporate 84
the amendment made to s. 775.21, F.S., in a reference 85
thereto; reenacting s. 1012.467(1) (b), F.S., relating 86
to the definition of the term "convicted," to 87
incorporate the amendment made to s. 943.0435, F.S., 88
in a reference thereto; reenacting ss. 320.02(4), 89
775.25, 938.10(1), 944.607(4)(a) and (9), 90
985.481(1)(a) and (d), and 985.4815(1)(b) and (f) and 91
(9), F.S., relating to registration required, 92
application for registration, and forms; prosecutions 93
for acts or omissions; additional court cost imposed 94
in cases of certain crimes; notification to department 95
of information on sexual offenders; sex ual offenders 96
adjudicated delinquent and notification upon release; 97
and notification to department of information on 98
juvenile sexual offenders, respectively, to 99
incorporate the amendments by to ss. 775.21 and 100
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943.0435, F.S., in references thereto; providin g an 101
effective date. 102
103
Be It Enacted by the Legislature of the State of Florida: 104
105
Section 1. Section 775.21, Florida Statutes, is amended to 106
read: 107
775.21 The Florida Sexual Predators Act. — 108
(1) SHORT TITLE.—This section may be cited as "The Flori da 109
Sexual Predators Act." 110
(2) DEFINITIONS.—As used in this section, the term: 111
(a) "Change in status at an institution of higher 112
education" means the commencement or termination of enrollment, 113
including, but not limited to, traditional classroom setting or 114
online courses, or employment, whether for compensation or as a 115
volunteer, at an institution of higher education or a change in 116
location of enrollment or employment, whether for compensation 117
or as a volunteer, at an institution of higher education. 118
(b) "Chief of police" means the chief law enforcement 119
officer of a municipality. 120
(c) "Child care facility" has the same meaning as provided 121
in s. 402.302. 122
(d) "Community" means any county where the sexual predator 123
lives or otherwise establishes or maint ains a permanent, 124
temporary, or transient residence. 125
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(e) "Conviction" means a determination of guilt which is 126
the result of a trial or the entry of a plea of guilty or nolo 127
contendere, regardless of whether adjudication is withheld. A 128
conviction for a similar offense includes, but is not limited 129
to, a conviction by a federal or military tribunal, including 130
courts-martial conducted by the Armed Forces of the United 131
States, and includes a conviction or entry of a plea of guilty 132
or nolo contendere resulting in a sanction in any state of the 133
United States or other jurisdiction. A sanction includes, but is 134
not limited to, a fine, probation, community control, parole, 135
conditional release, control release, or incarceration in a 136
state prison, federal prison, priva te correctional facility, or 137
local detention facility. 138
(f) "Department" means the Department of Law Enforcement. 139
(g) "Electronic mail address" has the same meaning as 140
provided in s. 668.602. 141
(h) "Entering the county" includes being discharged from a 142
correctional facility or jail or secure treatment facility 143
within the county or being under supervision within the county 144
for the commission of a violation enumerated in subsection (4). 145
(i) "Institution of higher education" means a career 146
center, a community college, a college, a state university, or 147
an independent postsecondary educational institution. 148
(j) "Internet identifier" means any designation, moniker, 149
screen name, username, or other name used for self -150
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identification to send or receive social Internet communication. 151
Internet identifier does not include a date of birth, social 152
security number, personal identification number (PIN), or 153
password. A sexual offender's or sexual predator's use of an 154
Internet identifier that discloses his or her date of birth, 155
social security number, PIN personal identification number 156
(PIN), password, or other information that would reveal the 157
identity of the sexual offender or sexual predator waives the 158
disclosure exemption in t his paragraph for such personal 159
information. 160
(k) "Permanent residence" means a place where the person 161
abides, lodges, or resides for 3 or more consecutive days. For 162
the purpose of calculating a permanent residence under this 163
paragraph, the first day that a person abides, lodges, or 164
resides at a place is excluded and each subsequent day is 165
counted. A day includes any part of a calendar day. 166
(l) "Professional license" means the document of 167
authorization or certification issued by an agency of this state 168
for a regulatory purpose, or by any similar agency in another 169
jurisdiction for a regulatory purpose, to a person to engage in 170
an occupation or to carry out a trade or business. 171
(m) "Social Internet communication" means any 172
communication through a commerci al social networking website as 173
defined in s. 943.0437, or application software. The term does 174
not include any of the following: 175
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1. Communication for which the primary purpose is the 176
facilitation of commercial transactions involving goods or 177
services; 178
2. Communication on an Internet website for which the 179
primary purpose of the website is the dissemination of news; or 180
3. Communication with a governmental entity. 181
182
As used in For purposes of this paragraph, the term "application 183
software" means any compu ter program designed to run on a mobile 184
device such as a smartphone or tablet computer, that allows 185
users to create web pages or profiles that provide information 186
about themselves and are available publicly or to other users, 187
and that offers a mechanism fo r communication with other users 188
through a forum, a chatroom, electronic mail, or an instant 189
messenger. 190
(n) "Temporary residence" means a place where the person 191
abides, lodges, or resides, including, but not limited to, 192
vacation, business, or personal tr avel destinations in or out of 193
this state, for a period of 3 or more days in the aggregate 194
during any calendar year and which is not the person's permanent 195
address or, for a person whose permanent residence is not in 196
this state, a place where the person is employed, practices a 197
vocation, or is enrolled as a student for any period of time in 198
this state. For the purpose of calculating a temporary residence 199
under this paragraph, the first day that a person abides, 200
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lodges, or resides at a place is excluded and each subsequent 201
day is counted. A day includes any part of a calendar day. 202
(o) "Transient residence" means a county where the a 203
person lives, remains, or is located for the purpose of abiding, 204
lodging, or residing for a period of 3 or more days in the 205
aggregate during a calendar year and which is not the person's 206
permanent or temporary address. The term includes, but is not 207
limited to, a place where the person sleeps or seeks shelter and 208
a location that has no specific street address. For the purpose 209
of calculating a transient residence under this paragraph, the 210
first day that a person lives, remains, or is located in a 211
county for the purpose of abiding, lodging, or residing is 212
excluded and each subsequent day is counted. A day includes any 213
part of a calendar day. 214
(p) "Vehicles owned" means any motor vehicle as defined in 215
s. 320.01, which is registered, coregistered, leased, titled, or 216
rented by a sexual predator or sexual offender; a rented vehicle 217
that a sexual predator or sexual offender is authorized to 218
drive; or a vehicle for which a sexual predator or sexual 219
offender is insured as a driver. The term also includes any 220
motor vehicle as defined in s. 320.01, which is registered, 221
coregistered, leased, titled, or rented by a person or persons 222
residing at a sexual predator's or sexual offender's permanent 223
residence for 5 or more consecutive days. 224
(3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT. — 225
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(a) Repeat sexual offenders, sexual offenders who use 226
physical violence, and sexual offenders who pr ey on children are 227
sexual predators who present an extreme threat to the public 228
safety. Sexual offenders are extremely likely to use physical 229
violence and to repeat their offenses, and most sexual offenders 230
commit many offenses, have many more victims than are ever 231
reported, and are prosecuted for only a fraction of their 232
crimes. This makes the cost of sexual offender victimization to 233
society at large, while incalculable, clearly exorbitant. 234
(b) The high level of threat that a sexual predator 235
presents to the public safety, and the long -term effects 236
suffered by victims of sex offenses, provide the state with 237
sufficient justification to implement a strategy that includes: 238
1. Incarcerating sexual predators and maintaining adequate 239
facilities to ensure that decisions to release sexual predators 240
into the community are not made on the basis of inadequate 241
space. 242
2. Providing for specialized supervision of sexual 243
predators who are in the community by specially trained 244
probation officers with low caseloads, as d escribed in ss. 245
947.1405(7) and 948.30. The sexual predator is subject to 246
specified terms and conditions implemented at sentencing or at 247
the time of release from incarceration, with a requirement that 248
those who are financially able must pay all or part of the costs 249
of supervision. 250
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3. Requiring the registration of sexual predators, with a 251
requirement that complete and accurate information be maintained 252
and accessible for use by law enforcement authorities, 253
communities, and the public. 254
4. Providing for co mmunity and public notification 255
concerning the presence of sexual predators. 256
5. Prohibiting sexual predators from working with 257
children, either for compensation or as a volunteer. 258
(c) The state has a compelling interest in protecting the 259
public from sexual predators and in protecting children from 260
predatory sexual activity, and there is sufficient justification 261
for requiring sexual predators to register and for requiring 262
community and public notification of the presence of sexual 263
predators. 264
(d) It is the purpose of the Legislature that, upon the 265
court's written finding that an offender is a sexual predator, 266
in order to protect the public, it is necessary that the sexual 267
predator be registered with the department and that members of 268
the community and th e public be notified of the sexual 269
predator's presence. The designation of a person as a sexual 270
predator is neither a sentence nor a punishment but simply a 271
status resulting from the conviction of certain crimes. 272
(e) It is the intent of the Legislature t o address the 273
problem of sexual predators by: 274
1. Requiring sexual predators supervised in the community 275
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to have special conditions of supervision and to be supervised 276
by probation officers with low caseloads; 277
2. Requiring sexual predators to register w ith the Florida 278
department of Law Enforcement, as provided in this section; and 279
3. Requiring community and public notification of the 280
presence of a sexual predator, as provided in this section. 281
(4) SEXUAL PREDATOR CRITERIA. — 282
(a) For a current offense committed on or after October 1, 283
1993, upon conviction, an offender shall be designated as a 284
"sexual predator" under subsection (5), and subject to 285
registration under subsection (6) and community and public 286
notification under subsection (7) if: 287
1. The felony is: 288
a. A capital, life, or first degree felony violation, or 289
any attempt thereof, of s. 787.01 or s. 787.02, where the victim 290
is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a 291
violation of a similar law of another jurisdiction; or 292
b. Any felony violation, or any attempt thereof, of s. 293
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 294
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 295
(d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 296
s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 297
s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 298
847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if 299
the court makes a written finding that the racketeering activity 300
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involved at least one sexu al offense listed in this sub -301
subparagraph or at least one offense listed in this sub -302
subparagraph with sexual intent or motive; s. 916.1075(2); or s. 303
985.701(1); or a violation of a similar law of another 304
jurisdiction, and the offender has previously been convicted of 305
or found to have committed, or has pled nolo contendere or 306
guilty to, regardless of adjudication, any violation of s. 307
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 308
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 309
(d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 310
s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 311
s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 312
excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court 313
makes a written finding that the racketeering activity involved 314
at least one sexual offense listed in this sub -subparagraph or 315
at least one offense listed in this sub -subparagraph with sexual 316
intent or motive; s. 916.1075(2); or s. 985.701(1); or a 317
violation of a similar law of another jurisdiction; 318
2. The offender has not received a pardon for any felony 319
or similar law of another jurisdiction that is necessary for the 320
operation of this paragraph; and 321
3. A conviction of a felony or similar law of another 322
jurisdiction necessary to the operation of this paragraph has 323
not been set aside in any postconviction proceeding. 324
(b) In order to be counted as a prior felony for purposes 325
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of this subsection, the felony must have resulted in a 326
conviction sentenced separately, o r an adjudication of 327
delinquency entered separately, prior to the current offense and 328
sentenced or adjudicated separately from any other felony 329
conviction that is to be counted as a prior felony regardless of 330
the date of offense of the prior felony. 331
(c) If an offender has been registered as a sexual 332
predator by the Department of Corrections, the department, or 333
any other law enforcement agency and if: 334
1. The court did not, for whatever reason, make a written 335
finding at the time of sentencing that the off ender was a sexual 336
predator; or 337
2. The offender was administratively registered as a 338
sexual predator because the Department of Corrections, the 339
department, or any other law enforcement agency obtained 340
information that indicated that the offender met the criteria 341
for designation as a sexual predator based on a violation of a 342
similar law in another jurisdiction, 343
344
the department shall remove that offender from the department's 345
list of sexual predators and, for an offender described under 346
subparagraph 1., sha ll notify the state attorney who prosecuted 347
the offense that met the criteria for administrative designation 348
as a sexual predator, and, for an offender described under this 349
paragraph, shall notify the state attorney of the county where 350
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the offender establi shes or maintains a permanent, temporary, or 351
transient residence. The state attorney shall bring the matter 352
to the court's attention in order to establish that the offender 353
meets the criteria for designation as a sexual predator. If the 354
court makes a written finding that the offender is a sexual 355
predator, the offender must be designated as a sexual predator, 356
must register or be registered as a sexual predator with the 357
department as provided in subsection (6), and is subject to the 358
community and public notif ication as provided in subsection (7). 359
If the court does not make a written finding that the offender 360
is a sexual predator, the offender may not be designated as a 361
sexual predator with respect to that offense and is not required 362
to register or be registere d as a sexual predator with the 363
department. 364
(d) An offender who has been determined to be a sexually 365
violent predator pursuant to a civil commitment proceeding under 366
chapter 394 shall be designated as a "sexual predator" under 367
subsection (5) and subject to registration under subsection (6) 368
and community and public notification under subsection (7). 369
(5) SEXUAL PREDATOR DESIGNATION. —An offender is designated 370
as a sexual predator as follows: 371
(a)1. An offender who meets the sexual predator criteria 372
described in paragraph (4)(d) is a sexual predator, and the 373
court shall make a written finding at the time such offender is 374
determined to be a sexually violent predator under chapter 394 375
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that such person meets the criteria for designation as a sexual 376
predator for purposes of this section. The clerk shall transmit 377
a copy of the order containing the written finding to the 378
department within 48 hours after the entry of the order; 379
2. An offender who meets the sexual predator criteria 380
described in paragraph (4)(a) wh o is before the court for 381
sentencing for a current offense committed on or after October 382
1, 1993, is a sexual predator, and the sentencing court must 383
make a written finding at the time of sentencing that the 384
offender is a sexual predator, and the clerk of the court shall 385
transmit a copy of the order containing the written finding to 386
the department within 48 hours after the entry of the order; or 387
3. If the Department of Corrections, the department, or 388
any other law enforcement agency obtains information wh ich 389
indicates that an offender who establishes or maintains a 390
permanent, temporary, or transient residence in this state meets 391
the sexual predator criteria described in paragraph (4)(a) or 392
paragraph (4)(d) because the offender was civilly committed or 393
committed a similar violation in another jurisdiction on or 394
after October 1, 1993, the Department of Corrections, the 395
department, or the law enforcement agency shall notify the state 396
attorney of the county where the offender establishes or 397
maintains a permanen t, temporary, or transient residence of the 398
offender's presence in the community. The state attorney shall 399
file a petition with the criminal division of the circuit court 400
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for the purpose of holding a hearing to determine if the 401
offender's criminal record o r record of civil commitment from 402
another jurisdiction meets the sexual predator criteria. If the 403
court finds that the offender meets the sexual predator criteria 404
because the offender has violated a similar law or similar laws 405
in another jurisdiction, the court shall make a written finding 406
that the offender is a sexual predator. 407
408
When the court makes a written finding that an offender is a 409
sexual predator, the court shall inform the sexual predator of 410
the registration and community and public notification 411
requirements described in this section. Within 48 hours after 412
the court designates designating an offender as a sexual 413
predator, the clerk of the circuit court shall transmit a copy 414
of the court's written sexual predator finding to the 415
department. If the of fender is sentenced to a term of 416
imprisonment or supervision, a copy of the court's written 417
sexual predator finding must be submitted to the Department of 418
Corrections. 419
(b) If a sexual predator is not sentenced to a term of 420
imprisonment, the clerk of the court shall ensure that the 421
sexual predator's fingerprints are taken and forwarded to the 422
department within 48 hours after the court renders its written 423
sexual predator finding. The fingerprints shall be clearly 424
marked, "Sexual Predator Registration." The clerk of the court 425
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that convicts and sentences the sexual predator for the offense 426
or offenses described in subsection (4) shall forward to the 427
department and to the Department of Corrections a certified copy 428
of any order entered by the court imposing any special condition 429
or restriction on the sexual predator that restricts or 430
prohibits access to the victim, if the victim is a minor, or to 431
other minors. 432
(c) If the Department of Corrections, the department, or 433
any other law enforcement agency obtains info rmation which 434
indicates that an offender meets the sexual predator criteria 435
but the court did not make a written finding that the offender 436
is a sexual predator as required in paragraph (a), the 437
Department of Corrections, the department, or the law 438
enforcement agency shall notify the state attorney who 439
prosecuted the offense for offenders described in subparagraph 440
(a)1., or the state attorney of the county where the offender 441
establishes or maintains a residence upon first entering the 442
state for offenders des cribed in subparagraph (a)3. The state 443
attorney shall bring the matter to the court's attention in 444
order to establish that the offender meets the sexual predator 445
criteria. If the state attorney fails to establish that an 446
offender meets the sexual predator criteria and the court does 447
not make a written finding that an offender is a sexual 448
predator, the offender is not required to register with the 449
department as a sexual predator. The Department of Corrections, 450
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the department, or any other law enforcement age ncy shall not 451
administratively designate an offender as a sexual predator 452
without a written finding from the court that the offender is a 453
sexual predator. 454
(d) A person who establishes or maintains a residence in 455
this state and who has not been designated as a sexual predator 456
by a court of this state but who has been designated as a sexual 457
predator, as a sexually violent predator, or any other by 458
another sexual offender designation in another state or 459
jurisdiction and was, as a result of such designation, subjected 460
to registration or community or public notification, or both, or 461
would be if the person was a resident of that state or 462
jurisdiction, without regard to whether the person otherwise 463
meets the criteria for registration as a sexual offender, shall 464
register in the manner provided in s. 943.0435 or s. 944.607 and 465
shall be subject to community and public notification as 466
provided in s. 943.0435 or s. 944.607. A person who meets the 467
criteria of this section is subject to the requirements and 468
penalty provisions of s. 943.0435 or s. 944.607 until the person 469
provides the department with an order issued by the court that 470
designated the person as a sexual predator, as a sexually 471
violent predator, or any other by another sexual offender 472
designation in the state or jurisdiction in which the order was 473
issued which states that such designation has been removed or 474
demonstrates to the department that such designation, if not 475
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imposed by a court, has been removed by operation of law or 476
court order in the state or jurisd iction in which the 477
designation was made, and provided that such person no longer 478
meets the criteria for registration as a sexual offender under 479
the laws of this state. To qualify for removal of the 480
registration requirements under this paragraph, a sexual 481
offender described in this paragraph must meet the criteria for 482
removal under s. 943.0435. 483
(6) REGISTRATION.— 484
(a) A sexual predator shall register with the department 485
through the sheriff's office by providing the following 486
information to the department : 487
1. Name; social security number; age; race; sex; date of 488
birth; height; weight; tattoos or other identifying marks; hair 489
and eye color; photograph; address of legal residence and 490
address of any current temporary residence, within this the 491
state or out of state, including a rural route address and a 492
post office box; if he or she has no permanent or temporary 493
address, any transient residence within this the state; address, 494
location or description, and dates of any current or known 495
future temporary residen ce within this the state or out of 496
state; electronic mail addresses; Internet identifiers and each 497
Internet identifier's corresponding website homepage or 498
application software name; home telephone numbers and cellular 499
telephone numbers; employment informat ion; the make, model, 500
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color, vehicle identification number (VIN), and license tag 501
number of all vehicles owned; date and place of each conviction; 502
fingerprints; palm prints; and a brief description of the crime 503
or crimes committed by the offender. A post o ffice box may not 504
be provided in lieu of a physical residential address. The 505
sexual predator shall produce his or her passport, if he or she 506
has a passport, and, if he or she is an alien, shall produce or 507
provide information about documents establishing hi s or her 508
immigration status. The sexual predator shall also provide 509
information about any professional licenses he or she has. 510
a. Any change that occurs after the sexual predator 511
registers in person at the sheriff's office as provided in this 512
subparagraph in any of the following information related to the 513
sexual predator must be reported as provided in paragraphs (g), 514
(i), and (j): permanent, temporary, or transient residence; 515
name; electronic mail addresses; Internet identifiers and each 516
Internet identifier's corresponding website homepage or 517
application software name; home and cellular telephone numbers; 518
employment information; and status at an institution of higher 519
education. 520
b. If the sexual predator's place of residence is a motor 521
vehicle, trailer, mobile home, or manufactured home, as those 522
terms are defined in chapter 320, the sexual predator shall also 523
provide to the department written notice of the vehicle 524
identification number (VIN); the license tag number; the 525
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registration number; and a descrip tion, including color scheme, 526
of the motor vehicle, trailer, mobile home, or manufactured 527
home. If a sexual predator's place of residence is a vessel, 528
live-aboard vessel, or houseboat, as those terms are defined in 529
chapter 327, the sexual predator shall al so provide to the 530
department written notice of the hull identification number; the 531
manufacturer's serial number; the name of the vessel, live -532
aboard vessel, or houseboat; the registration number of the 533
vessel, live-aboard vessel, or houseboat ; and a description, 534
including color scheme, of the vessel, live -aboard vessel, or 535
houseboat. 536
c. If the sexual predator is enrolled or employed, whether 537
for compensation or as a volunteer, at an institution of higher 538
education in this state, the sexual predator shall also provide 539
to the department the name, address, and county of each 540
institution, including each campus attended, and the sexual 541
predator's enrollment, volunteer, or employment status. The 542
sheriff, the Department of Corrections, or the Department of 543
Juvenile Justice shall promptly notify each institution of 544
higher education of the sexual predator's presence and any 545
change in the sexual predator's enrollment, volunteer, or 546
employment status. 547
d. A sexual predator shall report to the department 548
through the department's online system or in person to the 549
sheriff's office within 48 hours after any change in vehicles 550
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owned to report those vehicle information changes. 551
2. Any other information determined necessary by the 552
department, including criminal and correct ions records; 553
nonprivileged personnel and treatment records; and evidentiary 554
genetic markers when available. 555
(b) If the sexual predator is in the custody or control 556
of, or under the supervision of, the Department of Corrections, 557
or is in the custody of a private correctional facility, the 558
sexual predator shall register with the Department of 559
Corrections. A sexual predator who is under the supervision of 560
the Department of Corrections but who is not incarcerated shall 561
register with the Department of Correct ions within 3 business 562
days after the court finds the offender to be a sexual predator. 563
The Department of Corrections shall provide to the department 564
registration information and the location of, and local 565
telephone number for, any Department of Correction s office that 566
is responsible for supervising the sexual predator. In addition, 567
the Department of Corrections shall notify the department if the 568
sexual predator escapes or absconds from custody or supervision 569
or if the sexual predator dies. 570
(c) If the sexual predator is in the custody of a local 571
jail, the custodian of the local jail shall register the sexual 572
predator within 3 business days after intake of the sexual 573
predator for any reason and upon release, and shall forward the 574
registration information to the department. The custodian of the 575
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local jail shall also take a digitized photograph of the sexual 576
predator while the sexual predator remains in custody and shall 577
provide the digitized photograph to the department. The 578
custodian shall notify the department if the sexual predator 579
escapes from custody or dies. 580
(d) If the sexual predator is under federal supervision, 581
the federal agency responsible for supervising the sexual 582
predator may forward to the department any information regarding 583
the sexual predator which is consistent with the information 584
provided by the Department of Corrections under this section, 585
and may indicate whether use of the information is restricted to 586
law enforcement purposes only or may be used by the department 587
for purposes of public notification. 588
(e)1. If the sexual predator is not in the custody or 589
control of, or under the supervision of, the Department of 590
Corrections or is not in the custody of a private correctional 591
facility, the sexual predator shall register in person: 592
a. At the sheriff's office in the county where he or she 593
establishes or maintains a residence within 48 hours after 594
establishing or maintaining a residence in this state; and 595
b. At the sheriff's office in the county where he or she 596
was designated a sexual predator by the court within 48 hours 597
after such finding is made. 598
2. Any change that occurs after the sexual predator 599
registers in person at the sheriff's office as provided in 600
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subparagraph 1. in any of the following information related to 601
the sexual predator must be reported as provided in paragraphs 602
(g), (i), and (j): permanent, temporary, or transient residence; 603
name; vehicles owned; electronic mail addresses; Internet 604
identifiers and each Internet identifier's corresponding website 605
homepage or application software name; home and cellular 606
telephone numbers; employment information; and change in status 607
at an institution of higher education. When a sexual predator 608
registers with the sheriff's office, the sheriff shall take a 609
photograph, a set of fingerprints, and palm prints of the sexual 610
predator and forward the photographs, palm prints, and 611
fingerprints to the department, along with the information that 612
the sexual predator is required to provide pursuant to this 613
section. 614
(f) Within 48 hours after the registration required under 615
paragraph (a) or paragraph (e), a sexual predator who is not 616
incarcerated and who resides in the community, including a 617
sexual predator under the supervision of the Department of 618
Corrections, shall register in person at a driver license office 619
of the Department of Highway Safety and Motor Vehicles and shall 620
present proof of registration unless a driver license or an 621
identification card that complies with the requirements of s. 622
322.141(3) was previously secured or updat ed under s. 944.607. 623
At the driver license office the sexual predator shall: 624
1. If otherwise qualified, secure a Florida driver 625
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license, renew a Florida driver license, or secure an 626
identification card. The sexual predator shall identify himself 627
or herself as a sexual predator who is required to comply with 628
this section, provide his or her place of permanent, temporary, 629
or transient residence, including a rural route address and a 630
post office box, and submit to the taking of a photograph for 631
use in issuing a driver license, a renewed license, or an 632
identification card, and for use by the department in 633
maintaining current records of sexual predators. A post office 634
box may not be provided in lieu of a physical residential 635
address. If the sexual predator's pl ace of residence is a motor 636
vehicle, trailer, mobile home, or manufactured home, as those 637
terms are defined in chapter 320, the sexual predator shall also 638
provide to the Department of Highway Safety and Motor Vehicles 639
the vehicle identification number (VIN); the license tag number; 640
the registration number; and a description, including color 641
scheme, of the motor vehicle, trailer, mobile home, or 642
manufactured home. If a sexual predator's place of residence is 643
a vessel, live-aboard vessel, or houseboat, as those terms are 644
defined in chapter 327, the sexual predator shall also provide 645
to the Department of Highway Safety and Motor Vehicles the hull 646
identification number; the manufacturer's serial number; the 647
name of the vessel, live -aboard vessel, or houseboa t; the 648
registration number of the vessel, live-aboard vessel, or 649
houseboat; and a description, including color scheme, of the 650
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vessel, live-aboard vessel, or houseboat. 651
2. Pay the costs assessed by the Department of Highway 652
Safety and Motor Vehicles for i ssuing or renewing a driver 653
license or an identification card as required by this section. 654
The driver license or identification card issued to the sexual 655
predator must comply with s. 322.141(3). 656
3. Provide, upon request, any additional information 657
necessary to confirm the identity of the sexual predator, 658
including a set of fingerprints. 659
(g)1. Each time a sexual predator's driver license or 660
identification card is subject to renewal, and, without regard 661
to the status of the sexual predator's driver licens e or 662
identification card, within 48 hours after any change of the 663
sexual predator's residence or change in the sexual predator's 664
name by reason of marriage or other legal process, the sexual 665
predator shall report in person to a driver license office and 666
is subject to the requirements specified in paragraph (f). The 667
Department of Highway Safety and Motor Vehicles shall forward to 668
the department and to the Department of Corrections all 669
photographs and information provided by sexual predators. 670
Notwithstanding the restrictions set forth in s. 322.142, the 671
Department of Highway Safety and Motor Vehicles may release a 672
reproduction of a color -photograph or digital -image license to 673
the Department of Law Enforcement for purposes of public 674
notification of sexual preda tors as provided in this section. A 675
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sexual predator who is unable to secure or update a driver 676
license or an identification card with the Department of Highway 677
Safety and Motor Vehicles as provided in paragraph (f) and this 678
paragraph shall also report any change in of the sexual 679
predator's permanent, temporary, or transient residence or 680
change in the sexual predator's name by reason of marriage or 681
other legal process within 48 hours after the change to the 682
sheriff's office in the county where the sexual predator resides 683
or is located and provide confirmation that he or she reported 684
such information to the Department of Highway Safety and Motor 685
Vehicles. The reporting requirements under this subparagraph do 686
not negate the requirement for a sexual predator to obtain a 687
Florida driver license or identification card as required by 688
this section. 689
2.a. A sexual predator who vacates a permanent, temporary, 690
or transient residence and fails to establish or maintain 691
another permanent, temporary, or transient residence shall, 692
within 48 hours after vacating the permanent, temporary, or 693
transient residence, report in person to the sheriff's office of 694
the county in which he or she is located. The sexual predator 695
shall specify the date upon which he or she intends to or did 696
vacate such residence. The sexual predator shall provide or 697
update all of the registration information required under 698
paragraph (a). The sexual predator shall provide an address for 699
the residence or other place where that he or she is or will be 700
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located during the time in which he or she fails to establish or 701
maintain a permanent or temporary residence. 702
b. A sexual predator shall report in person at the 703
sheriff's office in the county in which he or she is located 704
within 48 hours after establishing a trans ient residence and 705
thereafter must report in person every 30 days to the sheriff's 706
office in the county in which he or she is located while 707
maintaining a transient residence. The sexual predator must 708
provide the addresses and locations where he or she main tains a 709
transient residence. Each sheriff's office shall report 710
establish procedures for reporting transient residence 711
information in a manner prescribed by the department and provide 712
notice to transient registrants to report transient residence 713
information as required in this sub -subparagraph. Reporting to 714
the sheriff's office as required by this sub -subparagraph does 715
not exempt registrants from any reregistration requirement. The 716
sheriff may coordinate and enter into agreements with police 717
departments and other governmental entities to facilitate 718
additional reporting sites for transient residence registration 719
required in this sub -subparagraph. The sheriff's office shall , 720
within 2 business days, electronically submit to and update with 721
the department all such information within 2 business days after 722
provided by the sexual predator provides it to the sheriff's 723
office department. 724
3. A sexual predator who remains at a permanent, 725
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temporary, or transient residence after reporting his or her 726
intent to vacate suc h residence shall, within 48 hours after the 727
date upon which the sexual predator indicated he or she would or 728
did vacate such residence, report in person to the sheriff's 729
office to which he or she reported pursuant to subparagraph 2. 730
for the purpose of rep orting his or her address at such 731
residence. When the sheriff receives the report, the sheriff 732
shall promptly convey the information to the department. A 733
sexual predator An offender who makes a report as required under 734
subparagraph 2. but fails to make a r eport as required under 735
this subparagraph commits a felony of the second degree, 736
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 737
4. The failure of a sexual predator who maintains a 738
transient residence to report in person to the sheriff's office 739
every 30 days as required by sub -subparagraph 2.b. is punishable 740
as provided in subsection (10). 741
5.a. A sexual predator shall register all electronic mail 742
addresses and Internet identifiers, and each Internet 743
identifier's corresponding website ho mepage or application 744
software name, with the department through the department's 745
online system or in person at the sheriff's office within 48 746
hours after using such electronic mail addresses or and Internet 747
identifiers. If the sexual predator is in the cu stody or 748
control, or under the supervision, of the Department of 749
Corrections, he or she must report all electronic mail addresses 750
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and Internet identifiers, and each Internet identifier's 751
corresponding website homepage or application software name, to 752
the Department of Corrections before using such electronic mail 753
addresses or Internet identifiers. If the sexual predator is in 754
the custody or control, or under the supervision, of the 755
Department of Juvenile Justice, he or she must report all 756
electronic mail addresses and Internet identifiers, and each 757
Internet identifier's corresponding website homepage or 758
application software name, to the Department of Juvenile Justice 759
before using such electronic mail addresses or Internet 760
identifiers. 761
b. A sexual predator shall register all changes to 762
vehicles owned, all changes to home telephone numbers and 763
cellular telephone numbers, including added and deleted numbers, 764
all changes to employment information, and all changes in status 765
related to enrollment, volunteering, o r employment at 766
institutions of higher education, through the department's 767
online system; in person at the sheriff's office; in person at 768
the Department of Corrections if the sexual predator is in the 769
custody or control, or under the supervision, of the De partment 770
of Corrections; or in person at the Department of Juvenile 771
Justice if the sexual predator is in the custody or control, or 772
under the supervision, of the Department of Juvenile Justice. 773
All changes required to be reported in this sub -subparagraph 774
shall be reported within 48 hours after the change. 775
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c. The department shall establish an online system through 776
which sexual predators may securely access, submit, and update 777
all vehicles owned; electronic mail addresses; Internet 778
identifiers and each Inte rnet identifier's corresponding website 779
homepage or application software name; home telephone numbers 780
and cellular telephone numbers; employment information; and 781
institution of higher education information. 782
(h) The department shall notify the sheriff and the state 783
attorney of the county and, if applicable, the police chief of 784
the municipality, where the sexual predator maintains a 785
residence. 786
(i) A sexual predator who intends to establish a 787
permanent, temporary, or transient residence in another state or 788
jurisdiction other than the State of Florida shall report in 789
person to the sheriff of the county of current residence at 790
least within 48 hours before the date he or she intends to leave 791
this state to establish residence in another state or 792
jurisdiction or at least 21 days before the date he or she 793
intends to travel if the intended residence of 5 days or more is 794
outside of the United States. Any travel that is not known by 795
the sexual predator 48 hours before he or she intends to 796
establish a residence in ano ther state or jurisdiction, or 21 797
days before the departure date for travel outside of the United 798
States, must be reported to the sheriff's office as soon as 799
possible before departure. The sexual predator shall provide to 800
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the sheriff the address, municipal ity, county, state, and 801
country of intended residence. For international travel, the 802
sexual predator shall also provide travel information, 803
including, but not limited to, expected departure and return 804
dates, flight number, airport of departure, cruise port of 805
departure, or any other means of intended travel. The sheriff 806
shall promptly provide to the department the information 807
received from the sexual predator. The department shall notify 808
the statewide law enforcement agency, or a comparable agency, in 809
the intended state, jurisdiction, or country of residence or the 810
intended country of travel of the sexual predator's intended 811
residence or intended travel. The failure of a sexual predator 812
to provide his or her intended place of residence or intended 813
travel is punishable as provided in subsection (10). 814
(j) A sexual predator who indicates his or her intent to 815
establish a permanent, temporary, or transient residence in 816
another state, a jurisdiction other than the State of Florida, 817
or intent to travel to another country, and later decides to 818
remain in this state shall, within 48 hours after the date upon 819
which the sexual predator indicated he or she would leave this 820
state, report in person to the sheriff's office sheriff to which 821
the sexual predator reported the i ntended change of residence or 822
intended international travel , and report his or her intent to 823
remain in this state. If the sheriff is notified by the sexual 824
predator that he or she intends to remain in this state, the 825
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sheriff shall promptly report this information to the 826
department. A sexual predator who reports his or her intent to 827
establish a permanent, temporary, or transient residence in 828
another state, a jurisdiction other than the State of Florida, 829
or intent to travel to another country, but who remains in this 830
state without reporting to the sheriff in the manner required by 831
this paragraph, commits a felony of the second degree, 832
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 833
(k)1. The department is responsible for the online 834
maintenance of current information regarding each registered 835
sexual predator. The department shall maintain hotline access 836
for state, local, and federal law enforcement agencies to obtain 837
instantaneous locator file and offende r characteristics 838
information on all released registered sexual predators for 839
purposes of monitoring, tracking, and prosecution. The 840
photograph, palm prints, and fingerprints do not have to be 841
stored in a computerized format. 842
2. The department's sexual p redator registration list, 843
containing the information described in subparagraph (a)1., is a 844
public record, unless otherwise made exempt or confidential and 845
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 846
Constitution. The department may dissemin ate this public 847
information by any means deemed appropriate, including operating 848
a toll-free telephone number for this purpose. When the 849
department provides information regarding a registered sexual 850
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predator to the public, department personnel shall advise the 851
person making the inquiry that positive identification of a 852
person believed to be a sexual predator cannot be established 853
unless a fingerprint comparison is made, and that it is illegal 854
to use public information regarding a registered sexual predator 855
to facilitate the commission of a crime. 856
3. The department shall adopt guidelines as necessary 857
regarding the registration of sexual predators and the 858
dissemination of information regarding sexual predators as 859
required by this section. 860
(l) A sexual predator shall maintain registration with the 861
department for the duration of his or her life, unless the 862
sexual predator has received a full pardon or has had a 863
conviction set aside in a postconviction proceeding for any 864
offense that met the criteria for the s exual predator 865
designation. 866
(7) COMMUNITY AND PUBLIC NOTIFICATION. — 867
(a) Law enforcement agencies must inform members of the 868
community and the public of a sexual predator's presence. Upon 869
notification of the presence of a sexual predator, the sheriff 870
of the county or the chief of police of the municipality where 871
the sexual predator establishes or maintains a permanent or 872
temporary residence shall notify members of the community and 873
the public of the presence of the sexual predator in a manner 874
deemed appropriate by the sheriff or the chief of police. Within 875
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48 hours after receiving notification of the presence of a 876
sexual predator, the sheriff of the county or the chief of 877
police of the municipality where the sexual predator temporarily 878
or permanently resides shall notify each licensed child care 879
facility, elementary school, middle school, and high school 880
within a 1-mile radius of the temporary or permanent residence 881
of the sexual predator of the presence of the sexual predator. 882
Information provided to memb ers of the community and the public 883
regarding a sexual predator must include: 884
1. The name of the sexual predator; 885
2. A description of the sexual predator, including a 886
photograph; 887
3. The sexual predator's current permanent, temporary, and 888
transient addresses, and descriptions of registered locations 889
that have no specific street address, including the name of the 890
county or municipality if known; 891
4. The circumstances of the sexual predator's offense or 892
offenses; and 893
5. Whether the victim of the sex ual predator's offense or 894
offenses was, at the time of the offense, a minor or an adult. 895
896
This paragraph does not authorize the release of the name of any 897
victim of the sexual predator. 898
(b) The sheriff or the police chief may coordinate the 899
community and public notification efforts with the department. 900
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Statewide notification to the public is authorized, as deemed 901
appropriate by local law enforcement personnel and the 902
department. 903
(c) The department shall notify the public of all 904
designated sexual predato rs through the Internet. The Internet 905
notice shall include the information required by paragraph (a). 906
(d) The department shall adopt a protocol to assist law 907
enforcement agencies in their efforts to notify the community 908
and the public of the presence of sexual predators. 909
(8) VERIFICATION.—The department and the Department of 910
Corrections shall implement a system for verifying the addresses 911
of sexual predators. The system must be consistent with the 912
federal Adam Walsh Child Protection and Safety Act of 20 06 and 913
any other federal standards applicable to such verification or 914
required to be met as a condition for the receipt of federal 915
funds by the state. The Department of Corrections shall verify 916
the addresses of sexual predators who are not incarcerated but 917
who reside in the community under the supervision of the 918
Department of Corrections and shall report to the department any 919
failure by a sexual predator to comply with registration 920
requirements. County and local law enforcement agencies, in 921
conjunction with the department, shall verify the addresses of 922
sexual predators who are not under the care, custody, control, 923
or supervision of the Department of Corrections, and may verify 924
the addresses of sexual predators who are under the care, 925
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custody, control, or sup ervision of the Department of 926
Corrections. Local law enforcement agencies shall report to the 927
department any failure by a sexual predator to comply with 928
registration requirements. 929
(a) A sexual predator shall report in person each year 930
during the month of the sexual predator's birthday and during 931
every third month thereafter to the sheriff's office in the 932
county in which he or she resides or is otherwise located to 933
reregister. The sheriff's office may determine the appropriate 934
times and days for reporting by the sexual predator, which must 935
be consistent with the reporting requirements of this paragraph. 936
Reregistration must include any changes to the following 937
information: 938
1. Name; social security number; age; race; sex; date of 939
birth; height; weight; tatt oos or other identifying marks; hair 940
and eye color; address of any permanent residence and address of 941
any current temporary residence, within this the state or out of 942
state, including a rural route address and a post office box; if 943
he or she has no permanent or temporary address, any transient 944
residence within this the state including the address, location 945
or description of the transient residences, and dates of any 946
current or known future temporary residence within this the 947
state or out of state; all elect ronic mail addresses; all 948
Internet identifiers and each Internet identifier's 949
corresponding website homepage or application software name; all 950
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home telephone numbers and cellular telephone numbers; date and 951
place of any employment; the make, model, color, vehicle 952
identification number (VIN), and license tag number of all 953
vehicles owned; fingerprints; palm prints; and photograph. A 954
post office box may not be provided in lieu of a physical 955
residential address. The sexual predator shall also produce his 956
or her passport, if he or she has a passport, and, if he or she 957
is an alien, shall produce or provide information about 958
documents establishing his or her immigration status. The sexual 959
predator shall also provide information about any professional 960
licenses he or she has. 961
2. If the sexual predator is enrolled or employed, whether 962
for compensation or as a volunteer, at an institution of higher 963
education in this state, the sexual predator shall also provide 964
to the department the name, address, and county of each 965
institution, including each campus attended, and the sexual 966
predator's enrollment, volunteer, or employment status. 967
3. If the sexual predator's place of residence is a motor 968
vehicle, trailer, mobile home, or manufactured home, as those 969
terms are defined in chapter 320, the sexual predator shall also 970
provide the vehicle identification number (VIN); the license tag 971
number; the registration number; and a description, including 972
color scheme, of the motor vehicle, trailer, mobile home, or 973
manufactured home. If the sexual predator's place of residence 974
is a vessel, live-aboard vessel, or houseboat, as those terms 975
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are defined in chapter 327, the sexual predator shall also 976
provide the hull identification number; the manufacturer's 977
serial number; the name of the vess el, live-aboard vessel, or 978
houseboat; the registration number of the vessel, live-aboard 979
vessel, or houseboat ; and a description, including color scheme, 980
of the vessel, live-aboard vessel, or houseboat. 981
(b) The sheriff's office shall , within 2 working da ys, 982
electronically submit to and update with the department, in a 983
manner prescribed by the department, all such information within 984
2 business days after provided by the sexual predator provides 985
it to the sheriff's office department in a manner prescribed b y 986
the department. 987
(9) IMMUNITY.—The department, the Department of Highway 988
Safety and Motor Vehicles, the Department of Corrections, the 989
Department of Juvenile Justice, any law enforcement agency in 990
this state, and the personnel of those departments; an e lected 991
or appointed official, public employee, or school administrator; 992
or an employee, agency, or any individual or entity acting at 993
the request or upon the direction of any law enforcement agency 994
is immune from civil liability for damages for good faith 995
compliance with the requirements of this section or for the 996
release of information under this section, and shall be presumed 997
to have acted in good faith in compiling, recording, reporting, 998
or releasing the information. The presumption of good faith is 999
not overcome if a technical or clerical error is made by the 1000
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
department, the Department of Highway Safety and Motor Vehicles, 1001
the Department of Corrections, the Department of Juvenile 1002
Justice, the personnel of those departments, or any individual 1003
or entity acting at the request or upon the direction of any of 1004
those departments in compiling or providing information, or if 1005
information is incomplete or incorrect because a sexual predator 1006
fails to report or falsely reports his or her current place of 1007
permanent or temporary residence. 1008
(10) PENALTIES.— 1009
(a) Except as otherwise specifically provided, a sexual 1010
predator who fails to register; who fails, after registration, 1011
to maintain, acquire, or renew a driver license or an 1012
identification card; who fails to provide required location 1013
information or change-of-name information; who fails to provide 1014
electronic mail addresses, Internet identifiers, and each 1015
Internet identifier's corresponding website homepage or 1016
application software name; who fails to provide all home 1017
telephone numbers and cellular telephone numbers ; who fails to 1018
report any changes to , employment information or changes, change 1019
in status at an institution of higher education , or change-of-1020
name information; who fails to report any changes to vehicles 1021
owned, including the addition of new vehicles and changes to the 1022
make, model, color, vehicle identification number (VIN), and 1023
license tag numbers of previously reported vehicles; who fails 1024
to make a required report in connection with vacating a 1025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
permanent residence; who fails to reregister as required; who 1026
fails to respond to any address verification correspondence from 1027
the department or from county or local law enforcement agencies 1028
within 3 weeks after of the date of the correspondence; who 1029
knowingly provides fals e registration information by act or 1030
omission; or who otherwise fails, by act or omission, to comply 1031
with the requirements of this section commits a felony of the 1032
third degree, punishable as provided in s. 775.082, s. 775.083, 1033
or s. 775.084. Each instance of a failure to register or report 1034
changes to the required information specified in this paragraph 1035
constitutes a separate offense. 1036
(b) A sexual predator who has been convicted of or found 1037
to have committed, or has pled nolo contendere or guilty to, 1038
regardless of adjudication, any violation, or attempted 1039
violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where 1040
the victim is a minor; s. 794.011, excluding s. 794.011(10); s. 1041
794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 1042
827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s. 1043
985.701(1); or a violation of a similar law of another 1044
jurisdiction when the victim of the offense was a minor, and who 1045
works, whether for compensation or as a volunteer, at any 1046
business, school, child care facility, p ark, playground, or 1047
other place where children regularly congregate, commits a 1048
felony of the third degree, punishable as provided in s. 1049
775.082, s. 775.083, or s. 775.084. 1050
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(c) For a felony violation of this section, excluding 1051
paragraph (g), committed on or after July 1, 2018, if the court 1052
does not impose a prison sentence, the court shall impose a 1053
mandatory minimum term of community control, as defined in s. 1054
948.001, as follows: 1055
1. For a first offense, a mandatory minimum term of 6 1056
months with electroni c monitoring. 1057
2. For a second offense, a mandatory minimum term of 1 1058
year with electronic monitoring. 1059
3. For a third or subsequent offense, a mandatory minimum 1060
term of 2 years with electronic monitoring. 1061
(d) Any person who misuses public records info rmation 1062
relating to a sexual predator, as defined in this section, or a 1063
sexual offender, as defined in s. 943.0435 or s. 944.607, to 1064
secure a payment from such a predator or offender; who knowingly 1065
distributes or publishes false information relating to suc h a 1066
predator or offender which the person misrepresents as being 1067
public records information; or who materially alters public 1068
records information with the intent to misrepresent the 1069
information, including documents, summaries of public records 1070
information provided by law enforcement agencies, or public 1071
records information displayed by law enforcement agencies on 1072
websites or provided through other means of communication, 1073
commits a misdemeanor of the first degree, punishable as 1074
provided in s. 775.082 or s. 775 .083. 1075
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(e) A sexual predator who commits any act or omission in 1076
violation of this section may be prosecuted for the act or 1077
omission in the county in which the act or omission was 1078
committed, in the county of the last registered address of the 1079
sexual predator, in the county in which the conviction occurred 1080
for the offense or offenses that meet the criteria for 1081
designating a person as a sexual predator, in the county where 1082
the sexual predator was released from incarceration, or in the 1083
county of the intended a ddress of the sexual predator as 1084
reported by the sexual predator prior to his or her release from 1085
incarceration. In addition, a sexual predator may be prosecuted 1086
for any such act or omission in the county in which he or she 1087
was designated a sexual predator . 1088
(f) An arrest on charges of failure to register, the 1089
service of an information or a complaint for a violation of this 1090
section, or an arraignment on charges for a violation of this 1091
section constitutes actual notice of the duty to register when 1092
the predator has been provided and advised of his or her 1093
statutory obligation to register under subsection (6). A sexual 1094
predator's failure to immediately register as required by this 1095
section following such arrest, service, or arraignment 1096
constitutes grounds for a subsequent charge of failure to 1097
register. A sexual predator charged with the crime of failure to 1098
register who asserts, or intends to assert, a lack of notice of 1099
the duty to register as a defense to a charge of failure to 1100
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register shall immediately register as required by this section. 1101
A sexual predator who is charged with a subsequent failure to 1102
register may not assert the defense of a lack of notice of the 1103
duty to register. Registration following such arrest, service, 1104
or arraignment is not a defense and do es not relieve the sexual 1105
predator of criminal liability for the failure to register. 1106
(g) Any person who has reason to believe that a sexual 1107
predator is not complying, or has not complied, with the 1108
requirements of this section and who, with the intent to assist 1109
the sexual predator in eluding a law enforcement agency that is 1110
seeking to find the sexual predator to question the sexual 1111
predator about, or to arrest the sexual predator for, his or her 1112
noncompliance with the requirements of this section: 1113
1. Withholds information from, or does not notify, the law 1114
enforcement agency about the sexual predator's noncompliance 1115
with the requirements of this section, and, if known, the 1116
whereabouts of the sexual predator; 1117
2. Harbors, or attempts to harbor, or assists another 1118
person in harboring or attempting to harbor, the sexual 1119
predator; 1120
3. Conceals or attempts to conceal, or assists another 1121
person in concealing or attempting to conceal, the sexual 1122
predator; or 1123
4. Provides information to the law enforcement agency 1124
regarding the sexual predator which the person knows to be false 1125
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information, 1126
1127
commits a felony of the third degree, punishable as provided in 1128
s. 775.082, s. 775.083, or s. 775.084. This paragraph does not 1129
apply if the sexual predator is incarcerated in or is in the 1130
custody of a state correctional facility, a private correctional 1131
facility, a local jail, or a federal correctional facility. 1132
Section 2. Section 943.0435, Florida Statutes, is amended 1133
to read: 1134
943.0435 Sexual offenders required to register with the 1135
department; penalty. — 1136
(1) As used in this section, the term: 1137
(a) "Change in status at an institution of higher 1138
education" has the same meaning as provided in s. 775.21. 1139
(b) "Convicted" means that there has been a determination 1140
of guilt as a result of a trial or the entry of a plea of guilty 1141
or nolo contendere, regardless of whether adjudication is 1142
withheld, and includes an adjudication of delinquency of a 1143
juvenile as specified in this sec tion. Conviction of a similar 1144
offense includes, but is not limited to, a conviction by a 1145
federal or military tribunal, including courts -martial conducted 1146
by the Armed Forces of the United States, and includes a 1147
conviction or entry of a plea of guilty or no lo contendere 1148
resulting in a sanction in any state of the United States or 1149
other jurisdiction. A sanction includes, but is not limited to, 1150
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a fine, probation, community control, parole, conditional 1151
release, control release, or incarceration in a state priso n, 1152
federal prison, private correctional facility, or local 1153
detention facility. 1154
(c) "Electronic mail address" has the same meaning as 1155
provided in s. 668.602. 1156
(d) "Institution of higher education" has the same meaning 1157
as provided in s. 775.21. 1158
(e) "Internet identifier" has the same meaning as provided 1159
in s. 775.21. 1160
(f) "Permanent residence," "temporary residence," and 1161
"transient residence" have the same meaning as provided in s. 1162
775.21. 1163
(g) "Professional license" has the same meaning as 1164
provided in s. 775.21. 1165
(h)1. "Sexual offender" means a person who meets the 1166
criteria in sub-subparagraph a., sub -subparagraph b., sub -1167
subparagraph c., or sub -subparagraph d., as follows: 1168
a.(I) Has been convicted of committing, or attempting, 1169
soliciting, or conspir ing to commit, any of the criminal 1170
offenses proscribed in the following statutes in this state or 1171
similar offenses in another jurisdiction: s. 393.135(2); s. 1172
394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 1173
the victim is a minor; s. 787.06(3)( b), (d), (f), or (g); former 1174
s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 1175
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794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 1176
810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 1177
excluding s. 847.0135(6); s. 847.0137; s. 847.0 138; s. 847.0145; 1178
s. 895.03, if the court makes a written finding that the 1179
racketeering activity involved at least one sexual offense 1180
listed in this sub-sub-subparagraph or at least one offense 1181
listed in this sub-sub-subparagraph with sexual intent or 1182
motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 1183
committed in this state which has been redesignated from a 1184
former statute number to one of those listed in this sub -sub-1185
subparagraph; and 1186
(II) Has been released on or after October 1, 1997, fro m a 1187
sanction imposed for any conviction of an offense described in 1188
sub-sub-subparagraph (I) and does not otherwise meet the 1189
criteria for registration as a sexual offender under chapter 944 1190
or chapter 985. For purposes of this sub -sub-subparagraph, a 1191
sanction imposed in this state or in any other jurisdiction 1192
means probation, community control, parole, conditional release, 1193
control release, or incarceration in a state prison, federal 1194
prison, private correctional facility, or local detention 1195
facility. If no sanction is imposed, the person is deemed to be 1196
released upon conviction; 1197
b. Establishes or maintains a residence in this state and 1198
who has not been designated as a sexual predator by a court of 1199
this state but who has been designated as a sexual predator, as 1200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a sexually violent predator, or any other by another sexual 1201
offender designation in another state or jurisdiction and was, 1202
as a result of such designation, subjected to registration or 1203
community or public notification, or both, or would be if the 1204
person were a resident of that state or jurisdiction, without 1205
regard to whether the person otherwise meets the criteria for 1206
registration as a sexual offender; 1207
c. Establishes or maintains a residence in this state who 1208
is in the custody or control of, or under t he supervision of, 1209
any other state or jurisdiction as a result of a conviction for 1210
committing, or attempting, soliciting, or conspiring to commit, 1211
any of the criminal offenses proscribed in the following 1212
statutes or similar offense in another jurisdiction: s. 1213
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 1214
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 1215
(d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 1216
s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 1217
s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; 1218
s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; 1219
s. 847.0145; s. 895.03, if the court makes a written finding 1220
that the racketeering activity involved at least one sexual 1221
offense listed in this sub-subparagraph or at least one offense 1222
listed in this sub-subparagraph with sexual intent or motive; s. 1223
916.1075(2); or s. 985.701(1); or any similar offense committed 1224
in this state which has been redesignated from a former statute 1225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
number to one of those listed in this sub -subparagraph; or 1226
d. On or after July 1, 2007, has been adjudicated 1227
delinquent for committing, or attempting, soliciting, or 1228
conspiring to commit, any of the criminal offenses proscribed in 1229
the following statutes in this stat e or similar offenses in 1230
another jurisdiction when the juvenile was 14 years of age or 1231
older at the time of the offense: 1232
(I) Section 794.011, excluding s. 794.011(10); 1233
(II) Section 800.04(4)(a)2. where the victim is under 12 1234
years of age or where the c ourt finds sexual activity by the use 1235
of force or coercion; 1236
(III) Section 800.04(5)(c)1. where the court finds 1237
molestation involving unclothed genitals; 1238
(IV) Section 800.04(5)(d) where the court finds the use of 1239
force or coercion and unclothed genitals ; or 1240
(V) Any similar offense committed in this state which has 1241
been redesignated from a former statute number to one of those 1242
listed in this sub-subparagraph. 1243
2. For all qualifying offenses listed in sub -subparagraph 1244
1.d., the court shall make a writte n finding of the age of the 1245
offender at the time of the offense. 1246
1247
For each violation of a qualifying offense listed in this 1248
subsection, except for a violation of s. 794.011, the court 1249
shall make a written finding of the age of the victim at the 1250
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time of the offense. For a violation of s. 800.04(4), the court 1251
shall also make a written finding indicating whether the offense 1252
involved sexual activity and indicating whether the offense 1253
involved force or coercion. For a violation of s. 800.04(5), the 1254
court shall also make a written finding that the offense did or 1255
did not involve unclothed genitals or genital area and that the 1256
offense did or did not involve the use of force or coercion. 1257
(i) "Vehicles owned" has the same meaning as provided in 1258
s. 775.21. 1259
(2) Upon initial registration, a sexual offender shall: 1260
(a) Report in person at the sheriff's office: 1261
1. In the county in which the offender establishes or 1262
maintains a permanent, temporary, or transient residence within 1263
48 hours after: 1264
a. Establishing permanent, temporary, or transient 1265
residence in this state; or 1266
b. Being released from the custody, control, or 1267
supervision of the Department of Corrections or from the custody 1268
of a private correctional facility; or 1269
2. In the county where he or she was convicted within 48 1270
hours after being convicted for a qualifying offense for 1271
registration under this section if the offender is not in the 1272
custody or control of, or under the supervision of, the 1273
Department of Corrections, or is not in the custody of a priv ate 1274
correctional facility. 1275
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1276
Any change in the information required to be provided pursuant 1277
to paragraph (b), including, but not limited to, any change in 1278
the sexual offender's permanent, temporary, or transient 1279
residence; name; electronic mail addresses; I nternet identifiers 1280
and each Internet identifier's corresponding website homepage or 1281
application software name; home telephone numbers and cellular 1282
telephone numbers; employment information; and any change in 1283
status at an institution of higher education af ter the sexual 1284
offender reports in person at the sheriff's office must be 1285
reported in the manner provided in subsections (4), (7), and 1286
(8). 1287
(b) Provide his or her name; date of birth; social 1288
security number; race; sex; height; weight; tattoos or other 1289
identifying marks; hair and eye color; tattoos or other 1290
identifying marks; fingerprints; palm prints; photograph; 1291
employment information; address of permanent or legal residence 1292
or address of any current temporary residence, within this the 1293
state or out of state, including a rural route address and a 1294
post office box; if he or she has no permanent or temporary 1295
address, any transient residence within this the state;, 1296
address, location or description, and dates of any current or 1297
known future temporary residence within this the state or out of 1298
state; the make, model, color, vehicle identification number 1299
(VIN), and license tag number of all vehicles owned; home 1300
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telephone numbers and cellular telephone numbers; electronic 1301
mail addresses; Internet identifiers and each Internet 1302
identifier's corresponding website homepage or application 1303
software name; date and place of each conviction; and a brief 1304
description of the crime or crimes committed by the offender. A 1305
post office box may not be provided in lieu of a physical 1306
residential address. The sexual offender shall also produce his 1307
or her passport, if he or she has a passport, and, if he or she 1308
is an alien, shall produce or prov ide information about 1309
documents establishing his or her immigration status. The sexual 1310
offender shall also provide information about any professional 1311
licenses he or she has. 1312
1. If the sexual offender's place of residence is a motor 1313
vehicle, trailer, mobi le home, or manufactured home, as those 1314
terms are defined in chapter 320, the sexual offender shall also 1315
provide to the department through the sheriff's office written 1316
notice of the vehicle identification number (VIN); the license 1317
tag number; the registrat ion number; and a description, 1318
including color scheme, of the motor vehicle, trailer, mobile 1319
home, or manufactured home. If the sexual offender's place of 1320
residence is a vessel, live -aboard vessel, or houseboat, as 1321
those terms are defined in chapter 327, t he sexual offender 1322
shall also provide to the department written notice of the hull 1323
identification number; the manufacturer's serial number; the 1324
name of the vessel, live -aboard vessel, or houseboat; the 1325
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registration number of the vessel, live-aboard vessel, or 1326
houseboat; and a description, including color scheme, of the 1327
vessel, live-aboard vessel, or houseboat. 1328
2. If the sexual offender is enrolled or employed, whether 1329
for compensation or as a volunteer, at an institution of higher 1330
education in this state, the sexual offender shall also provide 1331
to the department the name, address, and county of each 1332
institution, including each campus attended, and the sexual 1333
offender's enrollment, volunteer, or employment status. The 1334
sheriff, the Department of Corrections, or the Department of 1335
Juvenile Justice shall promptly notify each institution of 1336
higher education of the sexual offender's presence and any 1337
change in the sexual offender's enrollment, volunteer, or 1338
employment status. 1339
3. A sexual offender shall report with the department 1340
through the department's online system or in person to the 1341
sheriff's office within 48 hours after any change in vehicles 1342
owned to report those vehicle information changes. 1343
(c) Provide any other information determined necessary by 1344
the department, including criminal and corrections records; 1345
nonprivileged personnel and treatment records; and evidentiary 1346
genetic markers, when available. 1347
1348
When a sexual offender reports at the sheriff's office, the 1349
sheriff shall take a photograph, a set of finge rprints, and palm 1350
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prints of the offender and forward the photographs, palm prints, 1351
and fingerprints to the department, along with the information 1352
provided by the sexual offender is required to provide pursuant 1353
to this section. The sheriff shall promptly pr ovide to the 1354
department the information received from the sexual offender. 1355
(3) Within 48 hours after the report required under 1356
subsection (2), a sexual offender shall report in person at a 1357
driver license office of the Department of Highway Safety and 1358
Motor Vehicles, unless a driver license or identification card 1359
that complies with the requirements of s. 322.141(3) was 1360
previously secured or updated under s. 944.607. At the driver 1361
license office the sexual offender shall: 1362
(a) If otherwise qualified, secur e a Florida driver 1363
license, renew a Florida driver license, or secure an 1364
identification card. The sexual offender shall identify himself 1365
or herself as a sexual offender who is required to comply with 1366
this section and shall provide proof that the sexual off ender 1367
reported as required in subsection (2). The sexual offender 1368
shall provide any of the information specified in subsection 1369
(2), if requested. The sexual offender shall submit to the 1370
taking of a photograph for use in issuing a driver license, 1371
renewed license, or identification card, and for use by the 1372
department in maintaining current records of sexual offenders. 1373
(b) Pay the costs assessed by the Department of Highway 1374
Safety and Motor Vehicles for issuing or renewing a driver 1375
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license or identification card as required by this section. The 1376
driver license or identification card issued must be in 1377
compliance with s. 322.141(3). 1378
(c) Provide, upon request, any additional information 1379
necessary to confirm the identity of the sexual offender, 1380
including a set of fingerprints. 1381
(4)(a) Each time a sexual offender's driver license or 1382
identification card is subject to renewal, and, without regard 1383
to the status of the offender's driver license or identification 1384
card, within 48 hours after any change in the offender' s 1385
permanent, temporary, or transient residence or change in the 1386
offender's name by reason of marriage or other legal process, 1387
the offender shall report in person to a driver license office, 1388
and is subject to the requirements specified in subsection (3). 1389
The Department of Highway Safety and Motor Vehicles shall 1390
forward to the department all photographs and information 1391
provided by sexual offenders. Notwithstanding the restrictions 1392
set forth in s. 322.142, the Department of Highway Safety and 1393
Motor Vehicles may release a reproduction of a color -photograph 1394
or digital-image license to the Department of Law Enforcement 1395
for purposes of public notification of sexual offenders as 1396
provided in this section and ss. 943.043 and 944.606. A sexual 1397
offender who is unable to secure or update a driver license or 1398
an identification card with the Department of Highway Safety and 1399
Motor Vehicles as provided in subsection (3) and this subsection 1400
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shall also report any change in the sexual offender's permanent, 1401
temporary, or transient residence or change in the offender's 1402
name by reason of marriage or other legal process within 48 1403
hours after the change to the sheriff's office in the county 1404
where the offender resides or is located and provide 1405
confirmation that he or she reported such i nformation to the 1406
Department of Highway Safety and Motor Vehicles. The reporting 1407
requirements under this paragraph do not negate the requirement 1408
for a sexual offender to obtain a Florida driver license or an 1409
identification card as required in this section. 1410
(b)1. A sexual offender who vacates a permanent, 1411
temporary, or transient residence and fails to establish or 1412
maintain another permanent, temporary, or transient residence 1413
shall, within 48 hours after vacating the permanent, temporary, 1414
or transient residence, report in person to the sheriff's office 1415
of the county in which he or she is located. The sexual offender 1416
shall specify the date upon which he or she intends to or did 1417
vacate such residence. The sexual offender must provide or 1418
update all of the regis tration information required under 1419
paragraph (2)(b). The sexual offender must provide an address 1420
for the residence or other place where that he or she is or will 1421
be located during the time in which he or she fails to establish 1422
or maintain a permanent or te mporary residence. 1423
2. A sexual offender shall report in person at the 1424
sheriff's office in the county in which he or she is located 1425
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within 48 hours after establishing a transient residence and 1426
thereafter must report in person every 30 days to the sheriff' s 1427
office in the county in which he or she is located while 1428
maintaining a transient residence. The sexual offender must 1429
provide the addresses and locations where he or she maintains a 1430
transient residence. Each sheriff's office shall report 1431
establish procedures for reporting transient residence 1432
information in a manner prescribed by the department and provide 1433
notice to transient registrants to report transient residence 1434
information as required in this subparagraph. Reporting to the 1435
sheriff's office as required by this subparagraph does not 1436
exempt registrants from any reregistration requirement. The 1437
sheriff may coordinate and enter into agreements with police 1438
departments and other governmental entities to facilitate 1439
additional reporting sites for transient resid ence registration 1440
required in this subparagraph. The sheriff's office shall , 1441
within 2 business days, electronically submit to and update with 1442
the department all such information within 2 business days after 1443
provided by the sexual offender provides it to the sheriff's 1444
office department. 1445
(c) A sexual offender who remains at a permanent, 1446
temporary, or transient residence after reporting his or her 1447
intent to vacate such residence shall, within 48 hours after the 1448
date upon which the offender indicated he or sh e would or did 1449
vacate such residence, report in person to the agency to which 1450
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he or she reported pursuant to paragraph (b) for the purpose of 1451
reporting his or her address at such residence. When the sheriff 1452
receives the report, the sheriff shall promptly c onvey the 1453
information to the department. A sexual An offender who makes a 1454
report as required under paragraph (b) but fails to make a 1455
report as required under this paragraph commits a felony of the 1456
second degree, punishable as provided in s. 775.082, s. 775 .083, 1457
or s. 775.084. 1458
(d) The failure of a sexual offender who maintains a 1459
transient residence to report in person to the sheriff's office 1460
every 30 days as required in subparagraph (b)2. is punishable as 1461
provided in subsection (9). 1462
(e)1. A sexual offend er shall register all electronic mail 1463
addresses and Internet identifiers, and each Internet 1464
identifier's corresponding website homepage or application 1465
software name, with the department through the department's 1466
online system or in person at the sheriff's o ffice within 48 1467
hours after using such electronic mail addresses or and Internet 1468
identifiers. If the sexual offender is in the custody or 1469
control, or under the supervision, of the Department of 1470
Corrections, he or she must report all electronic mail address es 1471
and Internet identifiers, and each Internet identifier's 1472
corresponding website homepage or application software name, to 1473
the Department of Corrections before using such electronic mail 1474
addresses or Internet identifiers. If the sexual offender is in 1475
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the custody or control, or under the supervision, of the 1476
Department of Juvenile Justice, he or she must report all 1477
electronic mail addresses and Internet identifiers, and each 1478
Internet identifier's corresponding website homepage or 1479
application software name, t o the Department of Juvenile Justice 1480
before using such electronic mail addresses or Internet 1481
identifiers. 1482
2. A sexual offender shall register all changes to 1483
vehicles owned, all changes to home telephone numbers and 1484
cellular telephone numbers, including a dded and deleted numbers, 1485
all changes to employment information, and all changes in status 1486
related to enrollment, volunteering, or employment at 1487
institutions of higher education, through the department's 1488
online system; in person at the sheriff's office; in person at 1489
the Department of Corrections if the sexual offender is in the 1490
custody or control, or under the supervision, of the Department 1491
of Corrections; or in person at the Department of Juvenile 1492
Justice if the sexual offender is in the custody or control , or 1493
under the supervision, of the Department of Juvenile Justice. 1494
All changes required to be reported under this subparagraph must 1495
be reported within 48 hours after the change. 1496
3. The department shall establish an online system through 1497
which sexual offenders may securely access, submit, and update 1498
all changes in status to vehicles owned; electronic mail 1499
addresses; Internet identifiers and each Internet identifier's 1500
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corresponding website homepage or application software name; 1501
home telephone numbers and ce llular telephone numbers; 1502
employment information; and institution of higher education 1503
information. 1504
(f) If the sexual offender is in the custody of a local 1505
jail, the custodian of the local jail shall register the sexual 1506
offender within 3 business days aft er intake of the sexual 1507
offender for any reason and upon release, and shall forward the 1508
registration information to the department. The custodian of the 1509
local jail shall also take a digitized photograph of the sexual 1510
offender while the sexual offender rema ins in custody and shall 1511
provide the digitized photograph to the department. The 1512
custodian shall notify the department if the sexual offender 1513
escapes from custody or dies. 1514
(5) This section does not apply to a sexual offender who 1515
is also a sexual predator , as defined in s. 775.21. A sexual 1516
predator must register as required under s. 775.21. 1517
(6) County and local law enforcement agencies, in 1518
conjunction with the department, shall verify the addresses of 1519
sexual offenders who are not under the care, custody, control, 1520
or supervision of the Department of Corrections, and may verify 1521
the addresses of sexual offenders who are under the care, 1522
custody, control, or supervision of the Department of 1523
Corrections, in a manner that is consistent with the provisions 1524
of the federal Adam Walsh Child Protection and Safety Act of 1525
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2006 and any other federal standards applicable to such 1526
verification or required to be met as a condition for the 1527
receipt of federal funds by the state. Local law enforcement 1528
agencies shall report to t he department any failure by a sexual 1529
offender to comply with registration requirements. 1530
(7) A sexual offender who intends to establish a 1531
permanent, temporary, or transient residence in another state or 1532
jurisdiction other than the State of Florida shall report in 1533
person to the sheriff of the county of current residence at 1534
least within 48 hours before the date he or she intends to leave 1535
this state to establish residence in another state or 1536
jurisdiction or at least 21 days before the date he or she 1537
intends to travel if the intended residence of 5 days or more is 1538
outside of the United States. Any travel that is not known by 1539
the sexual offender 48 hours before he or she intends to 1540
establish a residence in another state or jurisdiction, or 21 1541
days before the departure date for travel outside of the United 1542
States, must be reported in person to the sh eriff's office as 1543
soon as possible before departure. The sexual offender shall 1544
provide to the sheriff the address, municipality, county, state, 1545
and country of intended residence. For international travel, the 1546
sexual offender shall also provide travel infor mation, 1547
including, but not limited to, expected departure and return 1548
dates, flight number, airport of departure, cruise port of 1549
departure, or any other means of intended travel. The sheriff 1550
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shall promptly provide to the department the information 1551
received from the sexual offender. The department shall notify 1552
the statewide law enforcement agency, or a comparable agency, in 1553
the intended state, jurisdiction, or country of residence or the 1554
intended country of travel of the sexual offender's intended 1555
residence or intended travel. The failure of a sexual offender 1556
to provide his or her intended place of residence or intended 1557
travel is punishable as provided in subsection (9). 1558
(8) A sexual offender who indicates his or her intent to 1559
establish a permanent, temporar y, or transient residence in 1560
another state, a jurisdiction other than the State of Florida, 1561
or intent to travel to another country and later decides to 1562
remain in this state shall, within 48 hours after the date upon 1563
which the sexual offender indicated he o r she would leave this 1564
state, report in person to the sheriff's office sheriff to which 1565
the sexual offender reported the intended change of permanent, 1566
temporary, or transient residence or intended international 1567
travel, and report his or her intent to remai n in this state. 1568
The sheriff shall promptly report this information to the 1569
department. A sexual offender who reports his or her intent to 1570
establish a permanent, temporary, or transient residence in 1571
another state, a jurisdiction other than the State of Flor ida, 1572
or intent to travel to another country, but who remains in this 1573
state without reporting to the sheriff in the manner required by 1574
this subsection commits a felony of the second degree, 1575
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1576
(9)(a) Except as otherwise specifically provided, a sexual 1577
offender who fails to register; who fails, after registration, 1578
to maintain, acquire, or renew a driver license or an 1579
identification card; who fails to provide required location 1580
information or change-of-name information; who fails to provide 1581
electronic mail addresses, Internet identifiers, and each 1582
Internet identifier's corresponding website homepage or 1583
application software name; who fails to provide all home 1584
telephone numbers and cellular telephone numbers; who fails to 1585
report any changes to employment information or changes in 1586
status at an institution of higher education; who fails to 1587
report any changes to vehicles owned, including the addition of 1588
new vehicles and changes to the make, model, color, vehicle 1589
identification number (VIN), and license tag numbers of 1590
previously reported vehicles; who fails to make a required 1591
report in connection with vacating a permanent residence; who 1592
fails to reregister as required; who fails to respond to any 1593
address verification correspondence from the department or from 1594
county or local law enforcement agencies within 3 weeks after 1595
the date of the correspondence; who knowingly provides false 1596
registration information by act or omission; or who otherwise 1597
fails, by act or omission, to A sexual offender who does not 1598
comply with the requirements of this section commits a felony of 1599
the third degree, punishable as provided in s. 775.082, s. 1600
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775.083, or s. 775.084. Each instance of a failure to register 1601
or report changes to the required information specified in this 1602
paragraph constitutes a separate offense. 1603
(b) For a felony violation of this section, excluding 1604
subsection (13), committed on or after July 1, 2018, if the 1605
court does not impose a prison sentence, the court shall i mpose 1606
a mandatory minimum term of community control, as defined in s. 1607
948.001, as follows: 1608
1. For a first offense, a mandatory minimum term of 6 1609
months with electronic monitoring. 1610
2. For a second offense, a mandatory minimum term of 1 1611
year with electronic monitoring. 1612
3. For a third or subsequent offense, a mandatory minimum 1613
term of 2 years with electronic monitoring. 1614
(c) A sexual offender who commits any act or omission in 1615
violation of this section may be prosecuted for the act or 1616
omission in the county in which the act or omission was 1617
committed, in the county of the last registered address of the 1618
sexual offender, in the county in which the conviction occurred 1619
for the offense or offenses that meet the criteria for 1620
designating a person as a sexual off ender, in the county where 1621
the sexual offender was released from incarceration, or in the 1622
county of the intended address of the sexual offender as 1623
reported by the offender prior to his or her release from 1624
incarceration. 1625
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(d) An arrest on charges of failur e to register when the 1626
offender has been provided and advised of his or her statutory 1627
obligations to register under subsection (2), the service of an 1628
information or a complaint for a violation of this section, or 1629
an arraignment on charges for a violation o f this section 1630
constitutes actual notice of the duty to register. A sexual 1631
offender's failure to immediately register as required by this 1632
section following such arrest, service, or arraignment 1633
constitutes grounds for a subsequent charge of failure to 1634
register. A sexual offender charged with the crime of failure to 1635
register who asserts, or intends to assert, a lack of notice of 1636
the duty to register as a defense to a charge of failure to 1637
register shall immediately register as required by this section. 1638
A sexual offender who is charged with a subsequent failure to 1639
register may not assert the defense of a lack of notice of the 1640
duty to register. Registration following such arrest, service, 1641
or arraignment is not a defense and does not relieve the sexual 1642
offender of criminal liability for the failure to register. 1643
(10) The department, the Department of Highway Safety and 1644
Motor Vehicles, the Department of Corrections, the Department of 1645
Juvenile Justice, any law enforcement agency in this state, and 1646
the personnel of those departments; an elected or appointed 1647
official, public employee, or school administrator; or an 1648
employee, agency, or any individual or entity acting at the 1649
request or upon the direction of any law enforcement agency is 1650
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immune from civil liability for d amages for good faith 1651
compliance with the requirements of this section or for the 1652
release of information under this section, and shall be presumed 1653
to have acted in good faith in compiling, recording, reporting, 1654
or releasing the information. The presumption of good faith is 1655
not overcome if a technical or clerical error is made by the 1656
department, the Department of Highway Safety and Motor Vehicles, 1657
the Department of Corrections, the Department of Juvenile 1658
Justice, the personnel of those departments, or any in dividual 1659
or entity acting at the request or upon the direction of any of 1660
those departments in compiling or providing information, or if 1661
information is incomplete or incorrect because a sexual offender 1662
fails to report or falsely reports his or her current p lace of 1663
permanent, temporary, or transient residence. 1664
(11) Except as provided in s. 943.04354, a sexual offender 1665
shall maintain registration with the department for the duration 1666
of his or her life unless the sexual offender has received a 1667
full pardon or has had a conviction set aside in a 1668
postconviction proceeding for any offense that meets the 1669
criteria for classifying the person as a sexual offender for 1670
purposes of registration. However, a sexual offender shall be 1671
considered for removal of the requiremen t to register as a 1672
sexual offender only if the person: 1673
(a)1. Has been lawfully released from confinement, 1674
supervision, or sanction, whichever is later, for at least 25 1675
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years and has not been arrested for any felony or misdemeanor 1676
offense since release, p rovided that the sexual offender's 1677
requirement to register was not based upon an adult conviction: 1678
a. For a violation of s. 787.01 or s. 787.02; 1679
b. For a violation of s. 794.011, excluding s. 1680
794.011(10); 1681
c. For a violation of s. 800.04(4)(a)2. where the court 1682
finds the offense involved a victim under 12 years of age or 1683
sexual activity by the use of force or coercion; 1684
d. For a violation of s. 800.04(5)(b); 1685
e. For a violation of s. 800.04(5)(c)2. where the court 1686
finds the offense involved the use o f force or coercion and 1687
unclothed genitals or genital area; 1688
f. For a violation of s. 825.1025(2)(a); 1689
g. For any attempt or conspiracy to commit any such 1690
offense; 1691
h. For a violation of similar law of another jurisdiction; 1692
or 1693
i. For a violation of a similar offense committed in this 1694
state which has been redesignated from a former statute number 1695
to one of those listed in this subparagraph. 1696
2. If the sexual offender meets the criteria in 1697
subparagraph 1., the sexual offender may, for the purpose of 1698
removing the requirement for registration as a sexual offender, 1699
petition the criminal division of the circuit court of the 1700
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circuit: 1701
a. Where the conviction or adjudication occurred, for a 1702
conviction in this state; 1703
b. Where the sexual offender resides, for a conviction of 1704
a violation of similar law of another jurisdiction; or 1705
c. Where the sexual offender last resided, for a sexual 1706
offender with a conviction of a violation of similar law of 1707
another jurisdiction who no longer resides in this state. 1708
3. The court may grant or deny relief if the offender 1709
demonstrates to the court that he or she has not been arrested 1710
for any crime since release; the requested relief complies with 1711
the federal Adam Walsh Child Protection and Safety Act of 2006 1712
and any other federal standards applicable to the removal of 1713
registration requirements for a sexual offender or required to 1714
be met as a condition for the receipt of federal funds by the 1715
state; and the court is otherwise satisfied that the offender is 1716
not a current or potent ial threat to public safety. The 1717
department and the state attorney in the circuit in which the 1718
petition is filed must be given notice of the petition at least 1719
3 weeks before the hearing on the matter. The department and the 1720
state attorney may present evide nce in opposition to the 1721
requested relief or may otherwise demonstrate the reasons why 1722
the petition should be denied. If the court denies the petition, 1723
the court may set a future date at which the sexual offender may 1724
again petition the court for relief, su bject to the standards 1725
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for relief provided in this subsection. 1726
4. The department shall remove an offender from 1727
classification as a sexual offender for purposes of registration 1728
if the offender provides to the department a certified copy of 1729
the court's written findings or order that indicates that the 1730
offender is no longer required to comply with the requirements 1731
for registration as a sexual offender. 1732
(b) Maintains As defined in sub-subparagraph (1)(h)1.b. 1733
must maintain registration with the department as described in 1734
sub-subparagraph (1)(h)1.b. for the duration of his or her life 1735
until the person provides the department with an order issued by 1736
the court that designated the person as a sexual predator, as a 1737
sexually violent predator, or any other by another sexual 1738
offender designation in the state or jurisdiction in which the 1739
order was issued which states that such designation has been 1740
removed or demonstrates to the department that such designation, 1741
if not imposed by a court, has been removed by operation o f law 1742
or court order in the state or jurisdiction in which the 1743
designation was made, and provided that such person no longer 1744
meets the criteria for registration as a sexual offender under 1745
the laws of this state. To qualify for removal of the 1746
registration requirements under this paragraph, a sexual 1747
offender described in sub -subparagraph (1)(h)1.b. must establish 1748
that his or her designation has been removed and establish that 1749
he or she does not meet the criteria for registration under any 1750
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other sub-subparagraph under subparagraph (1)(h)1. 1751
(12) The Legislature finds that sexual offenders, 1752
especially those who have committed offenses against minors, 1753
often pose a high risk of engaging in sexual offenses even after 1754
being released from incarceration or commitment and that 1755
protection of the public from sexual offenders is a paramount 1756
government interest. Sexual offenders have a reduced expectation 1757
of privacy because of the public's interest in public safety and 1758
in the effective operation of government. Releasing in formation 1759
concerning sexual offenders to law enforcement agencies and to 1760
persons who request such information, and the release of such 1761
information to the public by a law enforcement agency or public 1762
agency, will further the governmental interests of public 1763
safety. The designation of a person as a sexual offender is not 1764
a sentence or a punishment but is simply the status of the 1765
offender which is the result of a conviction for having 1766
committed certain crimes. 1767
(13) Any person who has reason to believe that a sexual 1768
offender is not complying, or has not complied, with the 1769
requirements of this section and who, with the intent to assist 1770
the sexual offender in eluding a law enforcement agency that is 1771
seeking to find the sexual offender to question the sexual 1772
offender about, or to arrest the sexual offender for, his or her 1773
noncompliance with the requirements of this section: 1774
(a) Withholds information from, or does not notify, the 1775
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law enforcement agency about the sexual offender's noncompliance 1776
with the requirements of this section, and, if known, the 1777
whereabouts of the sexual offender; 1778
(b) Harbors, or attempts to harbor, or assists another 1779
person in harboring or attempting to harbor, the sexual 1780
offender; or 1781
(c) Conceals or attempts to conceal, or assists anoth er 1782
person in concealing or attempting to conceal, the sexual 1783
offender; or 1784
(d) Provides information to the law enforcement agency 1785
regarding the sexual offender that the person knows to be false 1786
information, 1787
1788
commits a felony of the third degree, punishabl e as provided in 1789
s. 775.082, s. 775.083, or s. 775.084. 1790
(14)(a) A sexual offender must report in person each year 1791
during the month of the sexual offender's birthday and during 1792
the sixth month following the sexual offender's birth month to 1793
the sheriff's office in the county in which he or she resides or 1794
is otherwise located to reregister. 1795
(b) However, a sexual offender who is required to register 1796
as a result of a conviction for: 1797
1. Section 787.01 or s. 787.02 where the victim is a 1798
minor; 1799
2. Section 794.011, excluding s. 794.011(10); 1800
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3. Section 800.04(4)(a)2. where the court finds the 1801
offense involved a victim under 12 years of age or sexual 1802
activity by the use of force or coercion; 1803
4. Section 800.04(5)(b); 1804
5. Section 800.04(5)(c)1. where the cou rt finds 1805
molestation involving unclothed genitals or genital area; 1806
6. Section 800.04(5)(c)2. where the court finds 1807
molestation involving the use of force or coercion and unclothed 1808
genitals or genital area; 1809
7. Section 800.04(5)(d) where the court finds the use of 1810
force or coercion and unclothed genitals or genital area; 1811
8. Section 825.1025(2)(a); 1812
9. Any attempt or conspiracy to commit such offense; 1813
10. A violation of a similar law of another jurisdiction; 1814
or 1815
11. A violation of a similar offense c ommitted in this 1816
state which has been redesignated from a former statute number 1817
to one of those listed in this paragraph, 1818
1819
must reregister each year during the month of the sexual 1820
offender's birthday and every third month thereafter. 1821
(c) The sheriff's of fice may determine the appropriate 1822
times and days for reporting by the sexual offender, which must 1823
be consistent with the reporting requirements of this 1824
subsection. Reregistration must include any changes to the 1825
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following information: 1826
1. Name; social sec urity number; age; race; sex; date of 1827
birth; height; weight; tattoos or other identifying marks; hair 1828
and eye color; address of any permanent residence and address of 1829
any current temporary residence, within this the state or out of 1830
state, including a rural route address and a post office box; if 1831
he or she has no permanent or temporary address, any transient 1832
residence within this the state; address, location or 1833
description, and dates of any current or known future temporary 1834
residence within this the state or out of state; all electronic 1835
mail addresses or Internet identifiers and each Internet 1836
identifier's corresponding website homepage or application 1837
software name; all home telephone numbers and cellular telephone 1838
numbers; employment information; the make, mo del, color, vehicle 1839
identification number (VIN), and license tag number of all 1840
vehicles owned; fingerprints; palm prints; and photograph. A 1841
post office box may not be provided in lieu of a physical 1842
residential address. The sexual offender shall also produc e his 1843
or her passport, if he or she has a passport, and, if he or she 1844
is an alien, shall produce or provide information about 1845
documents establishing his or her immigration status. The sexual 1846
offender shall also provide information about any professional 1847
licenses he or she has. 1848
2. If the sexual offender is enrolled or employed, whether 1849
for compensation or as a volunteer, at an institution of higher 1850
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education in this state, the sexual offender shall also provide 1851
to the department the name, address, and coun ty of each 1852
institution, including each campus attended, and the sexual 1853
offender's enrollment, volunteer, or employment status. 1854
3. If the sexual offender's place of residence is a motor 1855
vehicle, trailer, mobile home, or manufactured home, as those 1856
terms are defined in chapter 320, the sexual offender shall also 1857
provide the vehicle identification number (VIN); the license tag 1858
number; the registration number; and a description, including 1859
color scheme, of the motor vehicle, trailer, mobile home, or 1860
manufactured home. If the sexual offender's place of residence 1861
is a vessel, live-aboard vessel, or houseboat, as those terms 1862
are defined in chapter 327, the sexual offender shall also 1863
provide the hull identification number; the manufacturer's 1864
serial number; the name of the vessel, live-aboard vessel, or 1865
houseboat; the registration number of the vessel, live-aboard 1866
vessel, or houseboat ; and a description, including color scheme, 1867
of the vessel, live-aboard vessel, or houseboat. 1868
4. Any sexual offender who fails to rep ort in person as 1869
required at the sheriff's office, who fails to respond to any 1870
address verification correspondence from the department within 3 1871
weeks of the date of the correspondence, who fails to report all 1872
electronic mail addresses and all Internet iden tifiers, and each 1873
Internet identifier's corresponding website homepage or 1874
application software name, or who knowingly provides false 1875
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registration information by act or omission commits a felony of 1876
the third degree, punishable as provided in s. 775.082, s. 1877
775.083, or s. 775.084. 1878
(d) The sheriff's office shall , within 2 working days, 1879
electronically submit to and update with the department, in a 1880
manner prescribed by the department, all such information within 1881
2 business days after provided by the sexual offender provides 1882
it to the sheriff's office department in a manner prescribed by 1883
the department. 1884
Section 3. For the purpose of incorporating the amendment 1885
made by this act to section 775.21, Florida Statutes, in a 1886
reference thereto, paragraph (d) of subs ection (1) of section 1887
944.606, Florida Statutes, is reenacted to read: 1888
944.606 Sexual offenders; notification upon release. — 1889
(1) As used in this section, the term: 1890
(d) "Permanent residence," "temporary residence," and 1891
"transient residence" have the same meaning as provided in s. 1892
775.21. 1893
Section 4. For the purpose of incorporating the amendment 1894
made by this act to section 943.0435, Florida Statutes, in a 1895
reference thereto, paragraph (b) of subsection (1) of section 1896
1012.467, Florida Statutes, is r eenacted to read: 1897
1012.467 Noninstructional contractors who are permitted 1898
access to school grounds when students are present; background 1899
screening requirements. — 1900
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(1) As used in this section, the term: 1901
(b) "Convicted" has the same meaning as in s. 943 .0435. 1902
Section 5. For the purpose of incorporating the amendments 1903
made by this act to sections 775.21 and 943.0435, Florida 1904
Statutes, in references thereto, subsection (4) of section 1905
320.02, Florida Statutes, is reenacted to read: 1906
320.02 Registration required; application for 1907
registration; forms. — 1908
(4) Except as provided in ss. 775.21, 775.261, 943.0435, 1909
944.607, and 985.4815, the owner of any motor vehicle registered 1910
in the state shall notify the department in writing of any 1911
change of address within 30 days of such change. The 1912
notification shall include the registration license plate 1913
number, the vehicle identification number (VIN) or title 1914
certificate number, year of vehicle make, and the owner's full 1915
name. 1916
Section 6. For the purpose of incorpora ting the amendments 1917
made by this act to sections 775.21 and 943.0435, Florida 1918
Statutes, in references thereto, section 775.25, Florida 1919
Statutes, is reenacted to read: 1920
775.25 Prosecutions for acts or omissions. —A sexual 1921
predator or sexual offender who com mits any act or omission in 1922
violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 1923
944.607, or former s. 947.177 may be prosecuted for the act or 1924
omission in the county in which the act or omission was 1925
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committed, in the county of the last register ed address of the 1926
sexual predator or sexual offender, in the county in which the 1927
conviction occurred for the offense or offenses that meet the 1928
criteria for designating a person as a sexual predator or sexual 1929
offender, in the county where the sexual predato r or sexual 1930
offender was released from incarceration, or in the county of 1931
the intended address of the sexual predator or sexual offender 1932
as reported by the predator or offender prior to his or her 1933
release from incarceration. In addition, a sexual predator may 1934
be prosecuted for any such act or omission in the county in 1935
which he or she was designated a sexual predator. 1936
Section 7. For the purpose of incorporating the amendments 1937
made by this act to sections 775.21 and 943.0435, Florida 1938
Statutes, in referenc es thereto, subsection (1) of section 1939
938.10, Florida Statutes, is reenacted to read: 1940
938.10 Additional court cost imposed in cases of certain 1941
crimes.— 1942
(1) If a person pleads guilty or nolo contendere to, or is 1943
found guilty of, regardless of adjudicati on, any offense against 1944
a minor in violation of s. 784.085, chapter 787, chapter 794, 1945
former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s. 1946
847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, 1947
s. 893.147(3), or s. 985.701, or any offen se in violation of s. 1948
775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the 1949
court shall impose a court cost of $151 against the offender in 1950
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addition to any other cost or penalty required by law. 1951
Section 8. For the purpose of incorporating th e amendments 1952
made by this act to sections 775.21 and 943.0435, Florida 1953
Statutes, in references thereto, paragraph (a) of subsection (4) 1954
and subsection (9) of section 944.607, Florida Statutes, are 1955
reenacted to read: 1956
944.607 Notification to Department of Law Enforcement of 1957
information on sexual offenders. — 1958
(4) A sexual offender, as described in this section, who 1959
is under the supervision of the Department of Corrections but is 1960
not incarcerated shall register with the Department of 1961
Corrections within 3 bus iness days after sentencing for a 1962
registrable offense and otherwise provide information as 1963
required by this subsection. 1964
(a) The sexual offender shall provide his or her name; 1965
date of birth; social security number; race; sex; height; 1966
weight; hair and eye color; tattoos or other identifying marks; 1967
all electronic mail addresses and Internet identifiers required 1968
to be provided pursuant to s. 943.0435(4)(e); employment 1969
information required to be provided pursuant to s. 1970
943.0435(4)(e); all home telephone number s and cellular 1971
telephone numbers required to be provided pursuant to s. 1972
943.0435(4)(e); the make, model, color, vehicle identification 1973
number (VIN), and license tag number of all vehicles owned; 1974
permanent or legal residence and address of temporary residen ce 1975
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within the state or out of state while the sexual offender is 1976
under supervision in this state, including any rural route 1977
address or post office box; if no permanent or temporary 1978
address, any transient residence within the state; and address, 1979
location or description, and dates of any current or known 1980
future temporary residence within the state or out of state. The 1981
sexual offender shall also produce his or her passport, if he or 1982
she has a passport, and, if he or she is an alien, shall produce 1983
or provide information about documents establishing his or her 1984
immigration status. The sexual offender shall also provide 1985
information about any professional licenses he or she has. The 1986
Department of Corrections shall verify the address of each 1987
sexual offender in the ma nner described in ss. 775.21 and 1988
943.0435. The department shall report to the Department of Law 1989
Enforcement any failure by a sexual predator or sexual offender 1990
to comply with registration requirements. 1991
(9) A sexual offender, as described in this section, who 1992
is under the supervision of the Department of Corrections but 1993
who is not incarcerated shall, in addition to the registration 1994
requirements provided in subsection (4), register and obtain a 1995
distinctive driver license or identification card in the manner 1996
provided in s. 943.0435(3), (4), and (5), unless the sexual 1997
offender is a sexual predator, in which case he or she shall 1998
register and obtain a distinctive driver license or 1999
identification card as required under s. 775.21. A sexual 2000
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offender who fails to co mply with the requirements of s. 2001
943.0435 is subject to the penalties provided in s. 943.0435(9). 2002
Section 9. For the purpose of incorporating the amendments 2003
made by this act to sections 775.21 and 943.0435, Florida 2004
Statutes, in references thereto, para graphs (a) and (d) of 2005
subsection (1) of section 985.481, Florida Statutes, are 2006
reenacted to read: 2007
985.481 Sexual offenders adjudicated delinquent; 2008
notification upon release. — 2009
(1) As used in this section: 2010
(a) "Convicted" has the same meaning as provid ed in s. 2011
943.0435. 2012
(d) "Permanent residence," "temporary residence," and 2013
"transient residence" have the same meaning as provided in s. 2014
775.21. 2015
Section 10. For the purpose of incorporating the 2016
amendments made by this act to sections 775.21 and 943.043 5, 2017
Florida Statutes, in references thereto, paragraphs (b) and (f) 2018
of subsection (1) and subsection (9) of section 985.4815, 2019
Florida Statutes, are reenacted to read: 2020
985.4815 Notification to Department of Law Enforcement of 2021
information on juvenile sexual offenders.— 2022
(1) As used in this section, the term: 2023
(b) "Conviction" has the same meaning as provided in s. 2024
943.0435. 2025
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(f) "Permanent residence," "temporary residence," and 2026
"transient residence" have the same meaning as provided in s. 2027
775.21. 2028
(9) A sexual offender, as described in this section, who 2029
is under the care, jurisdiction, or supervision of the 2030
department but who is not incarcerated shall, in addition to the 2031
registration requirements provided in subsection (4), register 2032
in the manner provided in s. 943.0435(3), (4), and (5), unless 2033
the sexual offender is a sexual predator, in which case he or 2034
she shall register as required under s. 775.21. A sexual 2035
offender who fails to comply with the requirements of s. 2036
943.0435 is subject to the penalties pr ovided in s. 943.0435(9). 2037
Section 11. This act shall take effect October 1, 2024. 2038