August 13, 2020
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_h0119__
HB 119

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3creating s. 856.022, F.S.; prohibiting loitering or
4prowling by certain offenders within a specified distance
5of places where children regularly congregate; prohibiting
6certain actions toward a child at a public park or
7playground by certain offenders; prohibiting the presence
8of certain offenders at or on real property comprising a
9child care facility or pre-K through 12 school without
10notice and supervision; providing exceptions; providing
11penalties; amending s. 775.21, F.S.; revising and
12providing definitions; revising provisions relating to
13residence reporting requirements for sexual predators;
14creating s. 775.215, F.S.; preempting certain local
15ordinances relating to residency limitations for sexual
16predators and offenders and providing for repeal of such
17ordinances; providing for limited exceptions for distance
18provisions in ordinances meeting specified requirements;
19amending s. 943.0435, F.S.; revising provisions relating
20to residence reporting requirements for sexual offenders;
21amending s. 943.04352, F.S.; requiring that the probation
22services provider search in an additional specified sex
23offender registry for information regarding sexual
24predators and sexual offenders when an offender is placed
25on misdemeanor probation; amending s. 944.606, F.S.;
26revising address reporting requirements for sexual
27offenders; amending s. 944.607, F.S.; requiring additional
28registration information from sex offenders who are under
29the supervision of the Department of Corrections but who
30are not incarcerated; amending s. 947.1405, F.S.; revising
31provisions relating to polygraph examinations of specified
32conditional releasees who have committed specified sexual
33offenses; providing additional restrictions for certain
34conditional releasees who have committed specified sexual
35offenses against minors under the age of 16 or have
36similar convictions in another jurisdiction; amending s.
37948.30, F.S.; revising provisions relating to polygraph
38examinations of specified probationers or community
39controllees who have committed specified sexual offenses;
40providing additional restrictions for certain probationers
41or community controllees who committed specified sexual
42offenses against minors under the age of 16 or who have
43similar convictions in another jurisdiction; amending s.
44948.31, F.S.; deleting a requirement for diagnosis of
45certain sexual predators and sexual offenders on community
46control; revising provisions relating to treatment for
47such offenders and predators; amending s. 985.481, F.S.;
48providing additional address reporting requirements for
49sexual offenders adjudicated delinquent; amending s.
50985.4815, F.S.; revising provisions relating to address
51and residence reporting requirements for sexual offenders
52adjudicated delinquent; providing an effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Section 856.022, Florida Statutes, is created
57to read:
58     856.022  Loitering or prowling by certain offenders in
59close proximity to children; penalty.--
60     (1)  This section applies to an offender convicted of
61committing, or attempting, soliciting, or conspiring to commit,
62any of the criminal offenses proscribed in the following
63statutes in this state or similar offenses in another
64jurisdiction against a victim who was under the age of 18 at the
65time of the offense: s. 787.01, s. 787.02, or s. 787.025(2)(c),
66where the victim is a minor and the offender was not the
67victim's parent or guardian; s. 794.011, excluding s.
68794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
69825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
70847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
71985.701(1); or any similar offense committed in this state which
72has been redesignated from a former statute number to one of
73those listed in this subsection, if the offender has not
74received a pardon for any felony or similar law of another
75jurisdiction necessary for the operation of this subsection and
76a conviction of a felony or similar law of another jurisdiction
77necessary for the operation of this subsection has not been set
78aside in any postconviction proceeding.
79     (2)  An offender described in subsection (1) commits
80loitering and prowling by a person convicted of a sexual offense
81against a minor if, in committing loitering and prowling, he or
82she was within 300 feet of a place where children regularly
83congregate, including, but not limited to, a school, day care
84center, playground, or park.
85     (3)  It is unlawful for an offender described in subsection
86(1) to:
87     (a)  Knowingly approach, contact, or communicate with a
88child under 18 years of age in any public park building or on
89real property comprising any public park or playground with
90intent to engage in conduct of a sexual nature, or to make a
91communication of any type containing any content of a sexual
92nature. This paragraph applies only to an offender described in
93subsection (1) whose offense was committed on or after July 1,
942010.
95     (b)1.  Knowingly be present in any child care facility or
96pre-K through 12 school or on real property comprising any child
97care facility or pre-K through 12 school when the child care
98facility or school is in operation unless the offender has
99provided written notification of his or her intent to be present
100to the school board, superintendent, principal, or child care
101facility owner.
102     2.  Fail to notify the child care facility owner or the
103principal's office when he or she arrives and departs the child
104care facility or school.
105     3.  Fail to remain under direct supervision of a school
106official or designated chaperone when present in the vicinity of
107children. As used in this subparagraph, the term "school
108official" means a principal, school resource officer, teacher or
109any other employee of the school, the superintendent of schools,
110a member of the school board, a child care facility owner, or a
111child care provider.
112     (4)  The offender is not in violation of subsection (3) if:
113     (a)  The child care facility or school is a voting location
114and the offender is present for the purpose of voting during the
115hours designated for voting; or
116     (b)  The offender is only dropping off or picking up his or
117her own children or grandchildren at the child care facility or
118school.
119     (5)  Any person who violates this section commits a
120misdemeanor of the first degree, punishable as provided in s.
121775.082 or s. 775.083.
122     Section 2.  Paragraph (g) of subsection (2), paragraph (c)
123of subsection (4), paragraph (a) of subsection (5), paragraphs
124(a), (f), (g), (i), and (j) of subsection (6), paragraph (a) of
125subsection (7), and paragraph (a) of subsection (8) of section
126775.21, Florida Statutes, are amended, and paragraph (l) is
127added to subsection (2) of that section, to read:
128     775.21  The Florida Sexual Predators Act.--
129     (2)  DEFINITIONS.--As used in this section, the term:
130     (g)  "Temporary residence" means a place where the person
131abides, lodges, or resides, including, but not limited to,
132vacation, business, or personal travel destinations in or out of
133this state, for a period of 5 or more days in the aggregate
134during any calendar year and which is not the person's permanent
135address or, for a person whose permanent residence is not in
136this state, a place where the person is employed, practices a
137vocation, or is enrolled as a student for any period of time in
138this state.
139     (l)  "Transient residence" means a place or county where a
140person lives, remains, or is located for a period of 5 or more
141days in the aggregate during a calendar year and which is not
142the person's permanent or temporary address. The term includes,
143but is not limited to, a place where the person sleeps or seeks
144shelter and a location that has no specific street address.
145     (4)  SEXUAL PREDATOR CRITERIA.--
146     (c)  If an offender has been registered as a sexual
147predator by the Department of Corrections, the department, or
148any other law enforcement agency and if:
149     1.  The court did not, for whatever reason, make a written
150finding at the time of sentencing that the offender was a sexual
151predator; or
152     2.  The offender was administratively registered as a
153sexual predator because the Department of Corrections, the
154department, or any other law enforcement agency obtained
155information that indicated that the offender met the criteria
156for designation as a sexual predator based on a violation of a
157similar law in another jurisdiction,
158
159the department shall remove that offender from the department's
160list of sexual predators and, for an offender described under
161subparagraph 1., shall notify the state attorney who prosecuted
162the offense that met the criteria for administrative designation
163as a sexual predator, and, for an offender described under this
164paragraph, shall notify the state attorney of the county where
165the offender establishes or maintains a permanent, or temporary,
166or transient residence. The state attorney shall bring the
167matter to the court's attention in order to establish that the
168offender meets the criteria for designation as a sexual
169predator. If the court makes a written finding that the offender
170is a sexual predator, the offender must be designated as a
171sexual predator, must register or be registered as a sexual
172predator with the department as provided in subsection (6), and
173is subject to the community and public notification as provided
174in subsection (7). If the court does not make a written finding
175that the offender is a sexual predator, the offender may not be
176designated as a sexual predator with respect to that offense and
177is not required to register or be registered as a sexual
178predator with the department.
179     (5)  SEXUAL PREDATOR DESIGNATION.--An offender is
180designated as a sexual predator as follows:
181     (a)1.  An offender who meets the sexual predator criteria
182described in paragraph (4)(d) is a sexual predator, and the
183court shall make a written finding at the time such offender is
184determined to be a sexually violent predator under chapter 394
185that such person meets the criteria for designation as a sexual
186predator for purposes of this section. The clerk shall transmit
187a copy of the order containing the written finding to the
188department within 48 hours after the entry of the order;
189     2.  An offender who meets the sexual predator criteria
190described in paragraph (4)(a) who is before the court for
191sentencing for a current offense committed on or after October
1921, 1993, is a sexual predator, and the sentencing court must
193make a written finding at the time of sentencing that the
194offender is a sexual predator, and the clerk of the court shall
195transmit a copy of the order containing the written finding to
196the department within 48 hours after the entry of the order; or
197     3.  If the Department of Corrections, the department, or
198any other law enforcement agency obtains information which
199indicates that an offender who establishes or maintains a
200permanent, or temporary, or transient residence in this state
201meets the sexual predator criteria described in paragraph (4)(a)
202or paragraph (4)(d) because the offender was civilly committed
203or committed a similar violation in another jurisdiction on or
204after October 1, 1993, the Department of Corrections, the
205department, or the law enforcement agency shall notify the state
206attorney of the county where the offender establishes or
207maintains a permanent, or temporary, or transient residence of
208the offender's presence in the community. The state attorney
209shall file a petition with the criminal division of the circuit
210court for the purpose of holding a hearing to determine if the
211offender's criminal record or record of civil commitment from
212another jurisdiction meets the sexual predator criteria. If the
213court finds that the offender meets the sexual predator criteria
214because the offender has violated a similar law or similar laws
215in another jurisdiction, the court shall make a written finding
216that the offender is a sexual predator.
217
218When the court makes a written finding that an offender is a
219sexual predator, the court shall inform the sexual predator of
220the registration and community and public notification
221requirements described in this section. Within 48 hours after
222the court designating an offender as a sexual predator, the
223clerk of the circuit court shall transmit a copy of the court's
224written sexual predator finding to the department. If the
225offender is sentenced to a term of imprisonment or supervision,
226a copy of the court's written sexual predator finding must be
227submitted to the Department of Corrections.
228     (6)  REGISTRATION.--
229     (a)  A sexual predator must register with the department
230through the sheriff's office by providing the following
231information to the department:
232     1.  Name, social security number, age, race, sex, date of
233birth, height, weight, hair and eye color, photograph, address
234of legal residence and address of any current temporary
235residence, within the state or out of state, including a rural
236route address and a post office box, if no permanent or
237temporary address, any transient residence within the state,
238address, location or description, and dates of any current or
239known future temporary residence within the state or out of
240state, any electronic mail address and any instant message name
241required to be provided pursuant to subparagraph (g)4., home
242telephone number and any cellular telephone number, date and
243place of any employment, date and place of each conviction,
244fingerprints, and a brief description of the crime or crimes
245committed by the offender. A post office box shall not be
246provided in lieu of a physical residential address.
247     a.  If the sexual predator's place of residence is a motor
248vehicle, trailer, mobile home, or manufactured home, as defined
249in chapter 320, the sexual predator shall also provide to the
250department written notice of the vehicle identification number;
251the license tag number; the registration number; and a
252description, including color scheme, of the motor vehicle,
253trailer, mobile home, or manufactured home. If a sexual
254predator's place of residence is a vessel, live-aboard vessel,
255or houseboat, as defined in chapter 327, the sexual predator
256shall also provide to the department written notice of the hull
257identification number; the manufacturer's serial number; the
258name of the vessel, live-aboard vessel, or houseboat; the
259registration number; and a description, including color scheme,
260of the vessel, live-aboard vessel, or houseboat.
261     b.  If the sexual predator is enrolled, employed, or
262carrying on a vocation at an institution of higher education in
263this state, the sexual predator shall also provide to the
264department the name, address, and county of each institution,
265including each campus attended, and the sexual predator's
266enrollment or employment status. Each change in enrollment or
267employment status shall be reported in person at the sheriff's
268office, or the Department of Corrections if the sexual predator
269is in the custody or control of or under the supervision of the
270Department of Corrections, within 48 hours after any change in
271status. The sheriff or the Department of Corrections shall
272promptly notify each institution of the sexual predator's
273presence and any change in the sexual predator's enrollment or
274employment status.
275     2.  Any other information determined necessary by the
276department, including criminal and corrections records;
277nonprivileged personnel and treatment records; and evidentiary
278genetic markers when available.
279     (f)  Within 48 hours after the registration required under
280paragraph (a) or paragraph (e), a sexual predator who is not
281incarcerated and who resides in the community, including a
282sexual predator under the supervision of the Department of
283Corrections, shall register in person at a driver's license
284office of the Department of Highway Safety and Motor Vehicles
285and shall present proof of registration. At the driver's license
286office the sexual predator shall:
287     1.  If otherwise qualified, secure a Florida driver's
288license, renew a Florida driver's license, or secure an
289identification card. The sexual predator shall identify himself
290or herself as a sexual predator who is required to comply with
291this section, provide his or her place of permanent, or
292temporary, or transient residence, including a rural route
293address and a post office box, and submit to the taking of a
294photograph for use in issuing a driver's license, renewed
295license, or identification card, and for use by the department
296in maintaining current records of sexual predators. A post
297office box shall not be provided in lieu of a physical
298residential address. If the sexual predator's place of residence
299is a motor vehicle, trailer, mobile home, or manufactured home,
300as defined in chapter 320, the sexual predator shall also
301provide to the Department of Highway Safety and Motor Vehicles
302the vehicle identification number; the license tag number; the
303registration number; and a description, including color scheme,
304of the motor vehicle, trailer, mobile home, or manufactured
305home. If a sexual predator's place of residence is a vessel,
306live-aboard vessel, or houseboat, as defined in chapter 327, the
307sexual predator shall also provide to the Department of Highway
308Safety and Motor Vehicles the hull identification number; the
309manufacturer's serial number; the name of the vessel, live-
310aboard vessel, or houseboat; the registration number; and a
311description, including color scheme, of the vessel, live-aboard
312vessel, or houseboat.
313     2.  Pay the costs assessed by the Department of Highway
314Safety and Motor Vehicles for issuing or renewing a driver's
315license or identification card as required by this section. The
316driver's license or identification card issued to the sexual
317predator must be in compliance with s. 322.141(3).
318     3.  Provide, upon request, any additional information
319necessary to confirm the identity of the sexual predator,
320including a set of fingerprints.
321     (g)1.  Each time a sexual predator's driver's license or
322identification card is subject to renewal, and, without regard
323to the status of the predator's driver's license or
324identification card, within 48 hours after any change of the
325predator's residence or change in the predator's name by reason
326of marriage or other legal process, the predator shall report in
327person to a driver's license office and shall be subject to the
328requirements specified in paragraph (f). The Department of
329Highway Safety and Motor Vehicles shall forward to the
330department and to the Department of Corrections all photographs
331and information provided by sexual predators. Notwithstanding
332the restrictions set forth in s. 322.142, the Department of
333Highway Safety and Motor Vehicles is authorized to release a
334reproduction of a color-photograph or digital-image license to
335the Department of Law Enforcement for purposes of public
336notification of sexual predators as provided in this section.
337     2.  A sexual predator who vacates a permanent, temporary,
338or transient residence and fails to establish or maintain
339another permanent, or temporary, or transient residence shall,
340within 48 hours after vacating the permanent, temporary, or
341transient residence, report in person to the sheriff's office of
342the county in which he or she is located. The sexual predator
343shall specify the date upon which he or she intends to or did
344vacate such residence. The sexual predator must provide or
345update all of the registration information required under
346paragraph (a). The sexual predator must provide an address for
347the residence or other place location that he or she is or will
348be located occupying during the time in which he or she fails to
349establish or maintain a permanent or temporary residence.
350     3.  A sexual predator who remains at a permanent,
351temporary, or transient residence after reporting his or her
352intent to vacate such residence shall, within 48 hours after the
353date upon which the predator indicated he or she would or did
354vacate such residence, report in person to the sheriff's office
355to which he or she reported pursuant to subparagraph 2. for the
356purpose of reporting his or her address at such residence. When
357the sheriff receives the report, the sheriff shall promptly
358convey the information to the department. An offender who makes
359a report as required under subparagraph 2. but fails to make a
360report as required under this subparagraph commits a felony of
361the second degree, punishable as provided in s. 775.082, s.
362775.083, or s. 775.084.
363     4.  A sexual predator must register any electronic mail
364address or instant message name with the department prior to
365using such electronic mail address or instant message name on or
366after October 1, 2007. The department shall establish an online
367system through which sexual predators may securely access and
368update all electronic mail address and instant message name
369information.
370     (i)  A sexual predator who intends to establish a
371permanent, temporary, or transient residence in another state or
372jurisdiction other than the State of Florida shall report in
373person to the sheriff of the county of current residence within
37448 hours before the date he or she intends to leave this state
375to establish residence in another state or jurisdiction. The
376sexual predator must provide to the sheriff the address,
377municipality, county, and state of intended residence. The
378sheriff shall promptly provide to the department the information
379received from the sexual predator. The department shall notify
380the statewide law enforcement agency, or a comparable agency, in
381the intended state or jurisdiction of residence of the sexual
382predator's intended residence. The failure of a sexual predator
383to provide his or her intended place of residence is punishable
384as provided in subsection (10).
385     (j)  A sexual predator who indicates his or her intent to
386establish a permanent, temporary, or transient residence reside
387in another state or jurisdiction other than the State of Florida
388and later decides to remain in this state shall, within 48 hours
389after the date upon which the sexual predator indicated he or
390she would leave this state, report in person to the sheriff to
391which the sexual predator reported the intended change of
392residence, and report his or her intent to remain in this state.
393If the sheriff is notified by the sexual predator that he or she
394intends to remain in this state, the sheriff shall promptly
395report this information to the department. A sexual predator who
396reports his or her intent to establish a permanent, temporary,
397or transient residence reside in another state or jurisdiction,
398but who remains in this state without reporting to the sheriff
399in the manner required by this paragraph, commits a felony of
400the second degree, punishable as provided in s. 775.082, s.
401775.083, or s. 775.084.
402     (7)  COMMUNITY AND PUBLIC NOTIFICATION.--
403     (a)  Law enforcement agencies must inform members of the
404community and the public of a sexual predator's presence. Upon
405notification of the presence of a sexual predator, the sheriff
406of the county or the chief of police of the municipality where
407the sexual predator establishes or maintains a permanent or
408temporary residence shall notify members of the community and
409the public of the presence of the sexual predator in a manner
410deemed appropriate by the sheriff or the chief of police. Within
41148 hours after receiving notification of the presence of a
412sexual predator, the sheriff of the county or the chief of
413police of the municipality where the sexual predator temporarily
414or permanently resides shall notify each licensed day care
415center, elementary school, middle school, and high school within
416a 1-mile radius of the temporary or permanent residence of the
417sexual predator of the presence of the sexual predator.
418Information provided to members of the community and the public
419regarding a sexual predator must include:
420     1.  The name of the sexual predator;
421     2.  A description of the sexual predator, including a
422photograph;
423     3.  The sexual predator's current permanent, temporary, and
424transient addresses, and descriptions of registered locations
425that have no specific street address, including the name of the
426county or municipality if known;
427     4.  The circumstances of the sexual predator's offense or
428offenses; and
429     5.  Whether the victim of the sexual predator's offense or
430offenses was, at the time of the offense, a minor or an adult.
431
432This paragraph does not authorize the release of the name of any
433victim of the sexual predator.
434     (8)  VERIFICATION.--The department and the Department of
435Corrections shall implement a system for verifying the addresses
436of sexual predators. The system must be consistent with the
437provisions of the federal Adam Walsh Child Protection and Safety
438Act of 2006 and any other federal standards applicable to such
439verification or required to be met as a condition for the
440receipt of federal funds by the state. The Department of
441Corrections shall verify the addresses of sexual predators who
442are not incarcerated but who reside in the community under the
443supervision of the Department of Corrections and shall report to
444the department any failure by a sexual predator to comply with
445registration requirements. County and local law enforcement
446agencies, in conjunction with the department, shall verify the
447addresses of sexual predators who are not under the care,
448custody, control, or supervision of the Department of
449Corrections. Local law enforcement agencies shall report to the
450department any failure by a sexual predator to comply with
451registration requirements.
452     (a)  A sexual predator must report in person each year
453during the month of the sexual predator's birthday and during
454every third month thereafter to the sheriff's office in the
455county in which he or she resides or is otherwise located to
456reregister. The sheriff's office may determine the appropriate
457times and days for reporting by the sexual predator, which shall
458be consistent with the reporting requirements of this paragraph.
459Reregistration shall include any changes to the following
460information:
461     1.  Name; social security number; age; race; sex; date of
462birth; height; weight; hair and eye color; address of any
463permanent residence and address of any current temporary
464residence, within the state or out of state, including a rural
465route address and a post office box; if no permanent or
466temporary address, any transient residence within the state;
467address, location or description, and dates of any current or
468known future temporary residence within the state or out of
469state; any electronic mail address and any instant message name
470required to be provided pursuant to subparagraph (6)(g)4.; home
471telephone number and any cellular telephone number; date and
472place of any employment; vehicle make, model, color, and license
473tag number; fingerprints; and photograph. A post office box
474shall not be provided in lieu of a physical residential address.
475     2.  If the sexual predator is enrolled, employed, or
476carrying on a vocation at an institution of higher education in
477this state, the sexual predator shall also provide to the
478department the name, address, and county of each institution,
479including each campus attended, and the sexual predator's
480enrollment or employment status.
481     3.  If the sexual predator's place of residence is a motor
482vehicle, trailer, mobile home, or manufactured home, as defined
483in chapter 320, the sexual predator shall also provide the
484vehicle identification number; the license tag number; the
485registration number; and a description, including color scheme,
486of the motor vehicle, trailer, mobile home, or manufactured
487home. If the sexual predator's place of residence is a vessel,
488live-aboard vessel, or houseboat, as defined in chapter 327, the
489sexual predator shall also provide the hull identification
490number; the manufacturer's serial number; the name of the
491vessel, live-aboard vessel, or houseboat; the registration
492number; and a description, including color scheme, of the
493vessel, live-aboard vessel, or houseboat.
494     Section 3.  Section 775.215, Florida Statutes, is created
495to read:
496     775.215  Residency exclusions for sexual offenders or
497predators; local ordinances preempted.--
498     (1)  The establishment of residency exclusions applicable
499to the residence of a person required to register as a sexual
500offender or sexual predator is expressly preempted to the state,
501and the provisions of ss. 794.065, 947.1405, and 948.30
502establishing such exclusions supersede any municipal or county
503ordinances imposing different exclusions.
504     (2)(a)  Any provision of an ordinance adopted by a county
505or municipality prior to July 1, 2010, imposing residency
506exclusions for the residence of a person subject to the
507provisions of s. 794.065, s. 947.1405, or s. 948.30 in excess of
508the requirements of those provisions is repealed and abolished
509as of July 1, 2010, except to the extent an ordinance as
510provided in paragraph (b) is adopted prior to that date.
511     (b)  A county or municipality may, upon the recommendation
512of its chief law enforcement officer and upon a finding of
513public necessity, adopt an ordinance that increases the distance
514exclusions for the residence of a person subject to the
515provisions of s. 794.065, s. 947.1405, or s. 948.30 up to a
516maximum distance of 1,750 feet.
517     Section 4.  Paragraph (c) of subsection (1), subsection
518(2), paragraphs (a), (b), and (c) of subsection (4), subsections
519(7), (8), and (10), and paragraph (c) of subsection (14) of
520section 943.0435, Florida Statutes, are amended to read:
521     943.0435  Sexual offenders required to register with the
522department; penalty.--
523     (1)  As used in this section, the term:
524     (c)  "Permanent residence," and "temporary residence," and
525"transient residence" have the same meaning ascribed in s.
526775.21.
527     (2)  A sexual offender shall:
528     (a)  Report in person at the sheriff's office:
529     1.  In the county in which the offender establishes or
530maintains a permanent, or temporary, or transient residence
531within 48 hours after:
532     a.  Establishing permanent, or temporary, or transient
533residence in this state; or
534     b.  Being released from the custody, control, or
535supervision of the Department of Corrections or from the custody
536of a private correctional facility; or
537     2.  In the county where he or she was convicted within 48
538hours after being convicted for a qualifying offense for
539registration under this section if the offender is not in the
540custody or control of, or under the supervision of, the
541Department of Corrections, or is not in the custody of a private
542correctional facility.
543
544Any change in the information required to be provided pursuant
545to paragraph (b), including, but not limited to, any change in
546the sexual offender's permanent, or temporary, or transient
547residence, name, any electronic mail address and any instant
548message name required to be provided pursuant to paragraph
549(4)(d), after the sexual offender reports in person at the
550sheriff's office, shall be accomplished in the manner provided
551in subsections (4), (7), and (8).
552     (b)  Provide his or her name, date of birth, social
553security number, race, sex, height, weight, hair and eye color,
554tattoos or other identifying marks, occupation and place of
555employment, address of permanent or legal residence or address
556of any current temporary residence, within the state or and out
557of state, including a rural route address and a post office box,
558if no permanent or temporary address, any transient residence
559within the state, address, location or description, and dates of
560any current or known future temporary residence within the state
561or out of state, home telephone number and any cellular
562telephone number, any electronic mail address and any instant
563message name required to be provided pursuant to paragraph
564(4)(d), date and place of each conviction, and a brief
565description of the crime or crimes committed by the offender. A
566post office box shall not be provided in lieu of a physical
567residential address.
568     1.  If the sexual offender's place of residence is a motor
569vehicle, trailer, mobile home, or manufactured home, as defined
570in chapter 320, the sexual offender shall also provide to the
571department through the sheriff's office written notice of the
572vehicle identification number; the license tag number; the
573registration number; and a description, including color scheme,
574of the motor vehicle, trailer, mobile home, or manufactured
575home. If the sexual offender's place of residence is a vessel,
576live-aboard vessel, or houseboat, as defined in chapter 327, the
577sexual offender shall also provide to the department written
578notice of the hull identification number; the manufacturer's
579serial number; the name of the vessel, live-aboard vessel, or
580houseboat; the registration number; and a description, including
581color scheme, of the vessel, live-aboard vessel, or houseboat.
582     2.  If the sexual offender is enrolled, employed, or
583carrying on a vocation at an institution of higher education in
584this state, the sexual offender shall also provide to the
585department through the sheriff's office the name, address, and
586county of each institution, including each campus attended, and
587the sexual offender's enrollment or employment status. Each
588change in enrollment or employment status shall be reported in
589person at the sheriff's office, within 48 hours after any change
590in status. The sheriff shall promptly notify each institution of
591the sexual offender's presence and any change in the sexual
592offender's enrollment or employment status.
593
594When a sexual offender reports at the sheriff's office, the
595sheriff shall take a photograph and a set of fingerprints of the
596offender and forward the photographs and fingerprints to the
597department, along with the information provided by the sexual
598offender. The sheriff shall promptly provide to the department
599the information received from the sexual offender.
600     (4)(a)  Each time a sexual offender's driver's license or
601identification card is subject to renewal, and, without regard
602to the status of the offender's driver's license or
603identification card, within 48 hours after any change in the
604offender's permanent, or temporary, or transient residence or
605change in the offender's name by reason of marriage or other
606legal process, the offender shall report in person to a driver's
607license office, and shall be subject to the requirements
608specified in subsection (3). The Department of Highway Safety
609and Motor Vehicles shall forward to the department all
610photographs and information provided by sexual offenders.
611Notwithstanding the restrictions set forth in s. 322.142, the
612Department of Highway Safety and Motor Vehicles is authorized to
613release a reproduction of a color-photograph or digital-image
614license to the Department of Law Enforcement for purposes of
615public notification of sexual offenders as provided in this
616section and ss. 943.043 and 944.606.
617     (b)  A sexual offender who vacates a permanent, temporary,
618or transient residence and fails to establish or maintain
619another permanent, or temporary, or transient residence shall,
620within 48 hours after vacating the permanent, temporary, or
621transient residence, report in person to the sheriff's office of
622the county in which he or she is located. The sexual offender
623shall specify the date upon which he or she intends to or did
624vacate such residence. The sexual offender must provide or
625update all of the registration information required under
626paragraph (2)(b). The sexual offender must provide an address
627for the residence or other place location that he or she is or
628will be located occupying during the time in which he or she
629fails to establish or maintain a permanent or temporary
630residence.
631     (c)  A sexual offender who remains at a permanent,
632temporary, or transient residence after reporting his or her
633intent to vacate such residence shall, within 48 hours after the
634date upon which the offender indicated he or she would or did
635vacate such residence, report in person to the agency to which
636he or she reported pursuant to paragraph (b) for the purpose of
637reporting his or her address at such residence. When the sheriff
638receives the report, the sheriff shall promptly convey the
639information to the department. An offender who makes a report as
640required under paragraph (b) but fails to make a report as
641required under this paragraph commits a felony of the second
642degree, punishable as provided in s. 775.082, s. 775.083, or s.
643775.084.
644     (7)  A sexual offender who intends to establish a
645permanent, temporary, or transient residence in another state or
646jurisdiction other than the State of Florida shall report in
647person to the sheriff of the county of current residence within
64848 hours before the date he or she intends to leave this state
649to establish residence in another state or jurisdiction. The
650notification must include the address, municipality, county, and
651state of intended residence. The sheriff shall promptly provide
652to the department the information received from the sexual
653offender. The department shall notify the statewide law
654enforcement agency, or a comparable agency, in the intended
655state or jurisdiction of residence of the sexual offender's
656intended residence. The failure of a sexual offender to provide
657his or her intended place of residence is punishable as provided
658in subsection (9).
659     (8)  A sexual offender who indicates his or her intent to
660establish a permanent, temporary, or transient residence reside
661in another state or jurisdiction other than the State of Florida
662and later decides to remain in this state shall, within 48 hours
663after the date upon which the sexual offender indicated he or
664she would leave this state, report in person to the sheriff to
665which the sexual offender reported the intended change of
666permanent, temporary, or transient residence, and report his or
667her intent to remain in this state. The sheriff shall promptly
668report this information to the department. A sexual offender who
669reports his or her intent to establish a permanent, temporary,
670or transient residence reside in another state or jurisdiction
671but who remains in this state without reporting to the sheriff
672in the manner required by this subsection commits a felony of
673the second degree, punishable as provided in s. 775.082, s.
674775.083, or s. 775.084.
675     (10)  The department, the Department of Highway Safety and
676Motor Vehicles, the Department of Corrections, the Department of
677Juvenile Justice, any law enforcement agency in this state, and
678the personnel of those departments; an elected or appointed
679official, public employee, or school administrator; or an
680employee, agency, or any individual or entity acting at the
681request or upon the direction of any law enforcement agency is
682immune from civil liability for damages for good faith
683compliance with the requirements of this section or for the
684release of information under this section, and shall be presumed
685to have acted in good faith in compiling, recording, reporting,
686or releasing the information. The presumption of good faith is
687not overcome if a technical or clerical error is made by the
688department, the Department of Highway Safety and Motor Vehicles,
689the Department of Corrections, the Department of Juvenile
690Justice, the personnel of those departments, or any individual
691or entity acting at the request or upon the direction of any of
692those departments in compiling or providing information, or if
693information is incomplete or incorrect because a sexual offender
694fails to report or falsely reports his or her current place of
695permanent, or temporary, or transient residence.
696     (14)
697     (c)  The sheriff's office may determine the appropriate
698times and days for reporting by the sexual offender, which shall
699be consistent with the reporting requirements of this
700subsection. Reregistration shall include any changes to the
701following information:
702     1.  Name; social security number; age; race; sex; date of
703birth; height; weight; hair and eye color; address of any
704permanent residence and address of any current temporary
705residence, within the state or out of state, including a rural
706route address and a post office box; if no permanent or
707temporary address, any transient residence within the state;
708address, location or description, and dates of any current or
709known future temporary residence within the state or out of
710state; any electronic mail address and any instant message name
711required to be provided pursuant to paragraph (4)(d); home
712telephone number and any cellular telephone number; date and
713place of any employment; vehicle make, model, color, and license
714tag number; fingerprints; and photograph. A post office box
715shall not be provided in lieu of a physical residential address.
716     2.  If the sexual offender is enrolled, employed, or
717carrying on a vocation at an institution of higher education in
718this state, the sexual offender shall also provide to the
719department the name, address, and county of each institution,
720including each campus attended, and the sexual offender's
721enrollment or employment status.
722     3.  If the sexual offender's place of residence is a motor
723vehicle, trailer, mobile home, or manufactured home, as defined
724in chapter 320, the sexual offender shall also provide the
725vehicle identification number; the license tag number; the
726registration number; and a description, including color scheme,
727of the motor vehicle, trailer, mobile home, or manufactured
728home. If the sexual offender's place of residence is a vessel,
729live-aboard vessel, or houseboat, as defined in chapter 327, the
730sexual offender shall also provide the hull identification
731number; the manufacturer's serial number; the name of the
732vessel, live-aboard vessel, or houseboat; the registration
733number; and a description, including color scheme, of the
734vessel, live-aboard vessel or houseboat.
735     4.  Any sexual offender who fails to report in person as
736required at the sheriff's office, or who fails to respond to any
737address verification correspondence from the department within 3
738weeks of the date of the correspondence or who fails to report
739electronic mail addresses or instant message names, commits a
740felony of the third degree, punishable as provided in s.
741775.082, s. 775.083, or s. 775.084.
742     Section 5.  Section 943.04352, Florida Statutes, is amended
743to read:
744     943.04352  Search of registration information regarding
745sexual predators and sexual offenders required when placement on
746misdemeanor probation.--When the court places a defendant on
747misdemeanor probation pursuant to ss. 948.01 and 948.15, the
748public or private entity providing probation services must
749conduct a search of the probationer's name or other identifying
750information against the registration information regarding
751sexual predators and sexual offenders maintained by the
752Department of Law Enforcement under s. 943.043. The probation
753services provider may conduct the search using the Internet site
754maintained by the Department of Law Enforcement. Also, a
755national search must be conducted through the Dru Sjodin
756National Sex Offender Public Website maintained by the United
757States Department of Justice.
758     Section 6.  Paragraph (a) of subsection (3) of section
759944.606, Florida Statutes, is amended to read:
760     944.606  Sexual offenders; notification upon release.--
761     (3)(a)  The department must provide information regarding
762any sexual offender who is being released after serving a period
763of incarceration for any offense, as follows:
764     1.  The department must provide: the sexual offender's
765name, any change in the offender's name by reason of marriage or
766other legal process, and any alias, if known; the correctional
767facility from which the sexual offender is released; the sexual
768offender's social security number, race, sex, date of birth,
769height, weight, and hair and eye color; address of any planned
770permanent residence or temporary residence, within the state or
771out of state, including a rural route address and a post office
772box; if no permanent or temporary address, any transient
773residence within the state; address, location or description,
774and dates of any known future temporary residence within the
775state or out of state; date and county of sentence and each
776crime for which the offender was sentenced; a copy of the
777offender's fingerprints and a digitized photograph taken within
77860 days before release; the date of release of the sexual
779offender; any electronic mail address and any instant message
780name required to be provided pursuant to s. 943.0435(4)(d); and
781home telephone number and any cellular telephone number; and the
782offender's intended residence address, if known. The department
783shall notify the Department of Law Enforcement if the sexual
784offender escapes, absconds, or dies. If the sexual offender is
785in the custody of a private correctional facility, the facility
786shall take the digitized photograph of the sexual offender
787within 60 days before the sexual offender's release and provide
788this photograph to the Department of Corrections and also place
789it in the sexual offender's file. If the sexual offender is in
790the custody of a local jail, the custodian of the local jail
791shall register the offender within 3 business days after intake
792of the offender for any reason and upon release, and shall
793notify the Department of Law Enforcement of the sexual
794offender's release and provide to the Department of Law
795Enforcement the information specified in this paragraph and any
796information specified in subparagraph 2. that the Department of
797Law Enforcement requests.
798     2.  The department may provide any other information deemed
799necessary, including criminal and corrections records,
800nonprivileged personnel and treatment records, when available.
801     Section 7.  Subsections (4) and (6) and paragraph (c) of
802subsection (13) of section 944.607, Florida Statutes, are
803amended to read:
804     944.607  Notification to Department of Law Enforcement of
805information on sexual offenders.--
806     (4)  A sexual offender, as described in this section, who
807is under the supervision of the Department of Corrections but is
808not incarcerated must register with the Department of
809Corrections within 3 business days after sentencing for a
810registrable registerable offense and otherwise provide
811information as required by this subsection.
812     (a)  The sexual offender shall provide his or her name;
813date of birth; social security number; race; sex; height;
814weight; hair and eye color; tattoos or other identifying marks;
815any electronic mail address and any instant message name
816required to be provided pursuant to s. 943.0435(4)(d); and
817permanent or legal residence and address of temporary residence
818within the state or out of state while the sexual offender is
819under supervision in this state, including any rural route
820address or post office box; if no permanent or temporary
821address, any transient residence within the state; and address,
822location or description, and dates of any current or known
823future temporary residence within the state or out of state. The
824Department of Corrections shall verify the address of each
825sexual offender in the manner described in ss. 775.21 and
826943.0435. The department shall report to the Department of Law
827Enforcement any failure by a sexual predator or sexual offender
828to comply with registration requirements.
829     (b)  If the sexual offender is enrolled, employed, or
830carrying on a vocation at an institution of higher education in
831this state, the sexual offender shall provide the name, address,
832and county of each institution, including each campus attended,
833and the sexual offender's enrollment or employment status. Each
834change in enrollment or employment status shall be reported to
835the department within 48 hours after the change in status. The
836Department of Corrections shall promptly notify each institution
837of the sexual offender's presence and any change in the sexual
838offender's enrollment or employment status.
839     (6)  The information provided to the Department of Law
840Enforcement must include:
841     (a)  The information obtained from the sexual offender
842under subsection (4);
843     (b)  The sexual offender's most current address, and place
844of permanent, and temporary, or transient residence within the
845state or out of state, and address, location or description, and
846dates of any current or known future temporary residence within
847the state or out of state, while the sexual offender is under
848supervision in this state, including the name of the county or
849municipality in which the offender permanently or temporarily
850resides, or has a transient residence, and address, location or
851description, and dates of any current or known future temporary
852residence within the state or out of state, and, if known, the
853intended place of permanent, or temporary, or transient
854residence, and address, location or description, and dates of
855any current or known future temporary residence within the state
856or out of state upon satisfaction of all sanctions;
857     (c)  The legal status of the sexual offender and the
858scheduled termination date of that legal status;
859     (d)  The location of, and local telephone number for, any
860Department of Corrections' office that is responsible for
861supervising the sexual offender;
862     (e)  An indication of whether the victim of the offense
863that resulted in the offender's status as a sexual offender was
864a minor;
865     (f)  The offense or offenses at conviction which resulted
866in the determination of the offender's status as a sex offender;
867and
868     (g)  A digitized photograph of the sexual offender which
869must have been taken within 60 days before the offender is
870released from the custody of the department or a private
871correctional facility by expiration of sentence under s. 944.275
872or must have been taken by January 1, 1998, or within 60 days
873after the onset of the department's supervision of any sexual
874offender who is on probation, community control, conditional
875release, parole, provisional release, or control release or who
876is supervised by the department under the Interstate Compact
877Agreement for Probationers and Parolees. If the sexual offender
878is in the custody of a private correctional facility, the
879facility shall take a digitized photograph of the sexual
880offender within the time period provided in this paragraph and
881shall provide the photograph to the department.
882
883If any information provided by the department changes during the
884time the sexual offender is under the department's control,
885custody, or supervision, including any change in the offender's
886name by reason of marriage or other legal process, the
887department shall, in a timely manner, update the information and
888provide it to the Department of Law Enforcement in the manner
889prescribed in subsection (2).
890     (13)
891     (c)  The sheriff's office may determine the appropriate
892times and days for reporting by the sexual offender, which shall
893be consistent with the reporting requirements of this
894subsection. Reregistration shall include any changes to the
895following information:
896     1.  Name; social security number; age; race; sex; date of
897birth; height; weight; hair and eye color; address of any
898permanent residence and address of any current temporary
899residence, within the state or out of state, including a rural
900route address and a post office box; if no permanent or
901temporary address, any transient residence; address, location or
902description, and dates of any current or known future temporary
903residence within the state or out of state; any electronic mail
904address and any instant message name required to be provided
905pursuant to s. 943.0435(4)(d); date and place of any employment;
906vehicle make, model, color, and license tag number;
907fingerprints; and photograph. A post office box shall not be
908provided in lieu of a physical residential address.
909     2.  If the sexual offender is enrolled, employed, or
910carrying on a vocation at an institution of higher education in
911this state, the sexual offender shall also provide to the
912department the name, address, and county of each institution,
913including each campus attended, and the sexual offender's
914enrollment or employment status.
915     3.  If the sexual offender's place of residence is a motor
916vehicle, trailer, mobile home, or manufactured home, as defined
917in chapter 320, the sexual offender shall also provide the
918vehicle identification number; the license tag number; the
919registration number; and a description, including color scheme,
920of the motor vehicle, trailer, mobile home, or manufactured
921home. If the sexual offender's place of residence is a vessel,
922live-aboard vessel, or houseboat, as defined in chapter 327, the
923sexual offender shall also provide the hull identification
924number; the manufacturer's serial number; the name of the
925vessel, live-aboard vessel, or houseboat; the registration
926number; and a description, including color scheme, of the
927vessel, live-aboard vessel or houseboat.
928     4.  Any sexual offender who fails to report in person as
929required at the sheriff's office, or who fails to respond to any
930address verification correspondence from the department within 3
931weeks of the date of the correspondence, or who fails to report
932electronic mail addresses or instant message names, commits a
933felony of the third degree, punishable as provided in s.
934775.082, s. 775.083, or s. 775.084.
935     Section 8.  Paragraph (b) of subsection (7) of section
936947.1405, Florida Statutes, is amended, and subsection (12) is
937added to that section, to read:
938     947.1405  Conditional release program.--
939     (7)
940     (b)  For a releasee whose crime was committed on or after
941October 1, 1997, in violation of chapter 794, s. 800.04, s.
942827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
943conditional release supervision, in addition to any other
944provision of this subsection, the commission shall impose the
945following additional conditions of conditional release
946supervision:
947     1.  As part of a treatment program, participation in a
948minimum of one annual polygraph examination to obtain
949information necessary for risk management and treatment and to
950reduce the sex offender's denial mechanisms. The polygraph
951examination must be conducted by a polygrapher trained
952specifically in the use of the polygraph for the monitoring of
953sex offenders who has been authorized by the department, where
954available, and at the expense of the releasee sex offender. The
955results of the examination shall be provided to the releasee's
956probation officer and therapist and may not be used as evidence
957in a hearing to prove that a violation of supervision has
958occurred.
959     2.  Maintenance of a driving log and a prohibition against
960driving a motor vehicle alone without the prior approval of the
961supervising officer.
962     3.  A prohibition against obtaining or using a post office
963box without the prior approval of the supervising officer.
964     4.  If there was sexual contact, a submission to, at the
965releasee's probationer's or community controllee's expense, an
966HIV test with the results to be released to the victim or the
967victim's parent or guardian.
968     5.  Electronic monitoring of any form when ordered by the
969commission. Any person who has been placed under supervision and
970is electronically monitored by the department must pay the
971department for the cost of the electronic monitoring service at
972a rate that may not exceed the full cost of the monitoring
973service. Funds collected under this subparagraph shall be
974deposited into the General Revenue Fund. The department may
975exempt a person from the payment of all or any part of the
976electronic monitoring service cost if the department finds that
977any of the factors listed in s. 948.09(3) exist.
978     (12)  In addition to all other conditions imposed, for a
979releasee who is subject to conditional release for a crime that
980was committed on or after July 1, 2010, and who has been
981convicted at any time of committing, or attempting, soliciting,
982or conspiring to commit, any of the criminal offenses proscribed
983in the following statutes in this state or similar offenses in
984another jurisdiction against a victim who was under the age of
98518 at the time of the offense: s. 787.01, s. 787.02, or s.
986787.025(2)(c), where the victim is a minor and the offender was
987not the victim's parent or guardian; s. 794.011, excluding s.
988794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
989825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
990847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
991985.701(1); or any similar offense committed in this state which
992has been redesignated from a former statute number to one of
993those listed in this subsection, if the offender has not
994received a pardon for any felony or similar law of another
995jurisdiction necessary for the operation of this subsection and
996a conviction of a felony or similar law of another jurisdiction
997necessary for the operation of this subsection has not been set
998aside in any postconviction proceeding, unless at the time of
999the crime was committed the victim was 16 or 17 years of age and
1000the releasee was not more than 21 years of age, the commission
1001must impose the following conditions:
1002     (a)  A prohibition on visiting areas where children
1003regularly congregate, including, but not limited to, schools,
1004day care centers, parks, and playgrounds. The commission may
1005also designate additional locations to protect a victim. The
1006prohibition ordered under this paragraph does not prohibit the
1007releasee's attendance at religious services as defined in s.
1008775.0861.
1009     (b)  A prohibition on distributing candy or other items to
1010children on Halloween; wearing a Santa Claus costume, or other
1011costume to appeal to children, on or preceding Christmas;
1012wearing an Easter Bunny costume, or other costume to appeal to
1013children, on or preceding Easter; entertaining at children's
1014parties; or wearing a clown costume; without prior approval from
1015the commission.
1016     Section 9.  Paragraph (a) of subsection (2) of section
1017948.30, Florida Statutes, is amended, and subsection (4) is
1018added to that section, to read:
1019     948.30  Additional terms and conditions of probation or
1020community control for certain sex offenses.--Conditions imposed
1021pursuant to this section do not require oral pronouncement at
1022the time of sentencing and shall be considered standard
1023conditions of probation or community control for offenders
1024specified in this section.
1025     (2)  Effective for a probationer or community controllee
1026whose crime was committed on or after October 1, 1997, and who
1027is placed on community control or sex offender probation for a
1028violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1029or s. 847.0145, in addition to any other provision of this
1030section, the court must impose the following conditions of
1031probation or community control:
1032     (a)  As part of a treatment program, participation at least
1033annually in polygraph examinations to obtain information
1034necessary for risk management and treatment and to reduce the
1035sex offender's denial mechanisms. A polygraph examination must
1036be conducted by a polygrapher trained specifically in the use of
1037the polygraph for the monitoring of sex offenders who has been
1038authorized by the department, where available, and shall be paid
1039for by the probationer or community controllee sex offender. The
1040results of the polygraph examination shall be provided to the
1041probationer's or community controllee's probation officer and
1042therapist and shall not be used as evidence in court to prove
1043that a violation of community supervision has occurred.
1044     (4)  In addition to all other conditions imposed, for a
1045probationer or community controllee who is subject to
1046supervision for a crime that was committed on or after July 1,
10472010, and who has been convicted at any time of committing, or
1048attempting, soliciting, or conspiring to commit, any of the
1049criminal offenses proscribed in the following statutes in this
1050state or similar offenses in another jurisdiction against a
1051victim who was under the age of 18 at the time of the offense:
1052s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
1053minor and the offender was not the victim's parent or guardian;
1054s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1055796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1056847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1057847.0145; s. 985.701(1); or any similar offense committed in
1058this state which has been redesignated from a former statute
1059number to one of those listed in this subsection, if the
1060offender has not received a pardon for any felony or similar law
1061of another jurisdiction necessary for the operation of this
1062subsection and a conviction of a felony or similar law of
1063another jurisdiction necessary for the operation of this
1064subsection has not been set aside in any postconviction
1065proceeding, unless at the time the crime was committed the
1066victim was 16 or 17 years of age and the offender was not more
1067than 21 years of age, the court must impose the following
1068conditions:
1069     (a)  A prohibition on visiting areas where children
1070regularly congregate, including, but not limited to, schools,
1071day care centers, parks, and playgrounds. The commission may
1072also designate additional locations to protect a victim. The
1073prohibition ordered under this paragraph does not prohibit the
1074releasee's attendance at religious services as defined in s.
1075775.0861.
1076     (b)  A prohibition on distributing candy or other items to
1077children on Halloween; wearing a Santa Claus costume, or other
1078costume to appeal to children, on or preceding Christmas;
1079wearing an Easter Bunny costume, or other costume to appeal to
1080children, on or preceding Easter; entertaining at children's
1081parties; or wearing a clown costume; without prior approval from
1082the commission.
1083     Section 10.  Section 948.31, Florida Statutes, is amended
1084to read:
1085     948.31  Diagnosis, Evaluation, and treatment of sexual
1086predators and offenders placed on probation or community control
1087for certain sex offenses or child exploitation.--The court shall
1088require an a diagnosis and evaluation to determine the need of a
1089probationer or community controlee offender in community control
1090for treatment. If the court determines that a need therefor is
1091established by the such diagnosis and evaluation process, the
1092court shall require sexual offender treatment outpatient
1093counseling as a term or condition of probation or community
1094control for any person who meets the criteria to be designated
1095as a sexual predator under s. 775.21 or to be subject to
1096registration as a sexual offender under s. 943.0435, s. 944.606,
1097or s. 944.607. was found guilty of any of the following, or
1098whose plea of guilty or nolo contendere to any of the following
1099was accepted by the court:
1100     (1)  Lewd or lascivious battery, lewd or lascivious
1101molestation, lewd or lascivious conduct, or lewd or lascivious
1102exhibition, as defined in s. 800.04 or s. 847.0135(5).
1103     (2)  Sexual battery, as defined in chapter 794, against a
1104child.
1105     (3)  Exploitation of a child as provided in s. 450.151, or
1106for prostitution.
1107
1108Such treatment counseling shall be required to be obtained from
1109a qualified practitioner as defined in s. 948.001. Treatment may
1110not be administered by a qualified practitioner who has been
1111convicted or adjudicated delinquent of committing, or
1112attempting, soliciting, or conspiring to commit, any offense
1113that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1114impose a restriction against contact with minors if sexual
1115offender treatment is recommended a community mental health
1116center, a recognized social service agency providing mental
1117health services, or a private mental health professional or
1118through other professional counseling. The evaluation and
1119recommendations plan for treatment of counseling for the
1120probationer or community controlee individual shall be provided
1121to the court for review.
1122     Section 11.  Paragraph (a) of subsection (3) of section
1123985.481, Florida Statutes, is amended to read:
1124     985.481  Sexual offenders adjudicated delinquent;
1125notification upon release.--
1126     (3)(a)  The department must provide information regarding
1127any sexual offender who is being released after serving a period
1128of residential commitment under the department for any offense,
1129as follows:
1130     1.  The department must provide the sexual offender's name,
1131any change in the offender's name by reason of marriage or other
1132legal process, and any alias, if known; the correctional
1133facility from which the sexual offender is released; the sexual
1134offender's social security number, race, sex, date of birth,
1135height, weight, and hair and eye color; address of any planned
1136permanent residence or temporary residence, within the state or
1137out of state, including a rural route address and a post office
1138box; if no permanent or temporary address, any transient
1139residence within the state; address, location or description,
1140and dates of any known future temporary residence within the
1141state or out of state; date and county of disposition and each
1142crime for which there was a disposition; a copy of the
1143offender's fingerprints and a digitized photograph taken within
114460 days before release; the date of release of the sexual
1145offender; and home telephone number and any cellular telephone
1146number; and the offender's intended residence address, if known.
1147The department shall notify the Department of Law Enforcement if
1148the sexual offender escapes, absconds, or dies. If the sexual
1149offender is in the custody of a private correctional facility,
1150the facility shall take the digitized photograph of the sexual
1151offender within 60 days before the sexual offender's release and
1152also place it in the sexual offender's file. If the sexual
1153offender is in the custody of a local jail, the custodian of the
1154local jail shall register the offender within 3 business days
1155after intake of the offender for any reason and upon release,
1156and shall notify the Department of Law Enforcement of the sexual
1157offender's release and provide to the Department of Law
1158Enforcement the information specified in this subparagraph and
1159any information specified in subparagraph 2. which the
1160Department of Law Enforcement requests.
1161     2.  The department may provide any other information
1162considered necessary, including criminal and delinquency
1163records, when available.
1164     Section 12.  Paragraph (a) of subsection (4), paragraph (a)
1165of subsection (6), and paragraph (b) of subsection (13) of
1166section 985.4815, Florida Statutes, are amended to read:
1167     985.4815  Notification to Department of Law Enforcement of
1168information on juvenile sexual offenders.--
1169     (4)  A sexual offender, as described in this section, who
1170is under the supervision of the department but who is not
1171committed must register with the department within 3 business
1172days after adjudication and disposition for a registrable
1173offense and otherwise provide information as required by this
1174subsection.
1175     (a)  The sexual offender shall provide his or her name;
1176date of birth; social security number; race; sex; height;
1177weight; hair and eye color; tattoos or other identifying marks;
1178and permanent or legal residence and address of temporary
1179residence within the state or out of state while the sexual
1180offender is in the care or custody or under the jurisdiction or
1181supervision of the department in this state, including any rural
1182route address or post office box; if no permanent or temporary
1183address, any transient residence; address, location or
1184description, and dates of any current or known future temporary
1185residence within the state or out of state;, and the name and
1186address of each school attended. The department shall verify the
1187address of each sexual offender and shall report to the
1188Department of Law Enforcement any failure by a sexual offender
1189to comply with registration requirements.
1190     (6)(a)  The information provided to the Department of Law
1191Enforcement must include the following:
1192     1.  The information obtained from the sexual offender under
1193subsection (4).
1194     2.  The sexual offender's most current address and place of
1195permanent, or temporary, or transient residence within the state
1196or out of state, and address, location or description, and dates
1197of any current or known future temporary residence within the
1198state or out of state, while the sexual offender is in the care
1199or custody or under the jurisdiction or supervision of the
1200department in this state, including the name of the county or
1201municipality in which the offender permanently or temporarily
1202resides, or has a transient residence, and address, location or
1203description, and dates of any current or known future temporary
1204residence within the state or out of state; and, if known, the
1205intended place of permanent, or temporary, or transient
1206residence, and address, location or description, and dates of
1207any current or known future temporary residence within the state
1208or out of state upon satisfaction of all sanctions.
1209     3.  The legal status of the sexual offender and the
1210scheduled termination date of that legal status.
1211     4.  The location of, and local telephone number for, any
1212department office that is responsible for supervising the sexual
1213offender.
1214     5.  An indication of whether the victim of the offense that
1215resulted in the offender's status as a sexual offender was a
1216minor.
1217     6.  The offense or offenses at adjudication and disposition
1218that resulted in the determination of the offender's status as a
1219sex offender.
1220     7.  A digitized photograph of the sexual offender, which
1221must have been taken within 60 days before the offender was
1222released from the custody of the department or a private
1223correctional facility by expiration of sentence under s.
1224944.275, or within 60 days after the onset of the department's
1225supervision of any sexual offender who is on probation,
1226postcommitment probation, residential commitment, nonresidential
1227commitment, licensed child-caring commitment, community control,
1228conditional release, parole, provisional release, or control
1229release or who is supervised by the department under the
1230Interstate Compact Agreement for Probationers and Parolees. If
1231the sexual offender is in the custody of a private correctional
1232facility, the facility shall take a digitized photograph of the
1233sexual offender within the time period provided in this
1234subparagraph and shall provide the photograph to the department.
1235     (13)
1236     (b)  The sheriff's office may determine the appropriate
1237times and days for reporting by the sexual offender, which shall
1238be consistent with the reporting requirements of this
1239subsection. Reregistration shall include any changes to the
1240following information:
1241     1.  Name; social security number; age; race; sex; date of
1242birth; height; weight; hair and eye color; address of any
1243permanent residence and address of any current temporary
1244residence, within the state or out of state, including a rural
1245route address and a post office box; if no permanent or
1246temporary address, any transient residence; address, location or
1247description, and dates of any current or known future temporary
1248residence within the state or out of state; name and address of
1249each school attended; date and place of any employment; vehicle
1250make, model, color, and license tag number; fingerprints; and
1251photograph. A post office box shall not be provided in lieu of a
1252physical residential address.
1253     2.  If the sexual offender is enrolled, employed, or
1254carrying on a vocation at an institution of higher education in
1255this state, the sexual offender shall also provide to the
1256department the name, address, and county of each institution,
1257including each campus attended, and the sexual offender's
1258enrollment or employment status.
1259     3.  If the sexual offender's place of residence is a motor
1260vehicle, trailer, mobile home, or manufactured home, as defined
1261in chapter 320, the sexual offender shall also provide the
1262vehicle identification number; the license tag number; the
1263registration number; and a description, including color scheme,
1264of the motor vehicle, trailer, mobile home, or manufactured
1265home. If the sexual offender's place of residence is a vessel,
1266live-aboard vessel, or houseboat, as defined in chapter 327, the
1267sexual offender shall also provide the hull identification
1268number; the manufacturer's serial number; the name of the
1269vessel, live-aboard vessel, or houseboat; the registration
1270number; and a description, including color scheme, of the
1271vessel, live-aboard vessel, or houseboat.
1272     4.  Any sexual offender who fails to report in person as
1273required at the sheriff's office, or who fails to respond to any
1274address verification correspondence from the department within 3
1275weeks after the date of the correspondence, commits a felony of
1276the third degree, punishable as provided in ss. 775.082,
1277775.083, and 775.084.
1278     Section 13.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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