Florida Senate - 2010                             CS for SB 1314
       
       
       
       By the Committee on Judiciary; and Senator Storms
       
       
       
       
       590-04764-10                                          20101314c1
    1                        A bill to be entitled                      
    2         An act relating to sexually violent predators;
    3         amending s. 394.912, F.S.; clarifying the definition
    4         of the term “sexually violent offense” to include a
    5         felony criminal act that has been determined beyond a
    6         reasonable doubt to have been sexually motivated;
    7         amending s. 394.913, F.S.; requiring the Department of
    8         Children and Family Services to prioritize the
    9         assessment of certain offenders for whom written
   10         assessments and recommendations have not been
   11         completed within a specified period; amending s.
   12         394.9135, F.S.; revising the period within which the
   13         department’s multidisciplinary team is required to
   14         provide an assessment to the state attorney regarding
   15         certain offenders and file a petition with the circuit
   16         court alleging that an offender is a sexually violent
   17         predator; creating s. 394.933, F.S.; prohibiting the
   18         introduction or attempted introduction of certain
   19         items into or upon the grounds of any facility for the
   20         detention of sexually violent predators; providing an
   21         exception; providing that it is unlawful to transmit,
   22         attempt to transmit, or cause or attempt to cause any
   23         prohibited items to be transmitted or received by any
   24         person incarcerated in such a facility; providing that
   25         all persons or vehicles entering the grounds of such a
   26         facility are subject to reasonable search for and
   27         seizure of prohibited items; providing for the
   28         enforcement of certain provisions of state law;
   29         providing that a person who introduces or attempts to
   30         introduce a prohibited item on the grounds of a
   31         facility for the detention of sexually violent
   32         predators commits a felony of the third degree;
   33         amending s. 775.21, F.S.; revising and providing
   34         definitions; revising provisions relating to residence
   35         reporting requirements for sexual predators; creating
   36         s. 856.022, F.S.; enhancing the penalty for loitering
   37         or prowling by certain offenders within a specified
   38         distance of certain places where children congregate;
   39         prohibiting certain actions toward a child at a public
   40         park or playground by certain offenders; prohibiting
   41         the presence of certain offenders at or on real
   42         property comprising a child care facility or pre-K
   43         through 12 school without notice and supervision;
   44         providing exceptions; providing penalties; providing
   45         an effective date.
   46  
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Subsection (9) of section 394.912, Florida
   50  Statutes, is amended to read:
   51         394.912 Definitions.—As used in this part, the term:
   52         (9) “Sexually violent offense” means:
   53         (a) Murder of a human being while engaged in sexual battery
   54  in violation of s. 782.04(1)(a)2.;
   55         (b) Kidnapping of a child under the age of 13 and, in the
   56  course of that offense, committing:
   57         1. Sexual battery; or
   58         2. A lewd, lascivious, or indecent assault or act upon or
   59  in the presence of the child;
   60         (c) Committing the offense of false imprisonment upon a
   61  child under the age of 13 and, in the course of that offense,
   62  committing:
   63         1. Sexual battery; or
   64         2. A lewd, lascivious, or indecent assault or act upon or
   65  in the presence of the child;
   66         (d) Sexual battery in violation of s. 794.011;
   67         (e) Lewd, lascivious, or indecent assault or act upon or in
   68  presence of the child in violation of s. 800.04 or s.
   69  847.0135(5);
   70         (f) An attempt, criminal solicitation, or conspiracy, in
   71  violation of s. 777.04, of a sexually violent offense;
   72         (g) Any conviction for a felony offense in effect at any
   73  time before October 1, 1998, which is comparable to a sexually
   74  violent offense under paragraphs (a)-(f) or any federal
   75  conviction or conviction in another state for a felony offense
   76  that in this state would be a sexually violent offense; or
   77         (h) Any felony criminal act that, either at the time of
   78  sentencing for the offense or subsequently during civil
   79  commitment proceedings under this part, has been determined
   80  beyond a reasonable doubt to have been sexually motivated.
   81         Section 2. Paragraph (e) of subsection (3) of section
   82  394.913, Florida Statutes, is amended to read:
   83         394.913 Notice to state attorney and multidisciplinary team
   84  of release of sexually violent predator; establishing
   85  multidisciplinary teams; information to be provided to
   86  multidisciplinary teams.—
   87         (3)
   88         (e)1. Within 180 days after receiving notice, there shall
   89  be a written assessment as to whether the person meets the
   90  definition of a sexually violent predator and a written
   91  recommendation, which shall be provided to the state attorney.
   92  The written recommendation shall be provided by the Department
   93  of Children and Family Services and shall include the written
   94  report of the multidisciplinary team.
   95         2.The timeframes in this section notwithstanding, when
   96  there are individuals for whom the written assessment and
   97  recommendation have not been completed by 365 days before their
   98  release from total confinement, the department shall prioritize
   99  the assessment of those individuals based on their release date.
  100         Section 3. Subsections (2) and (3) of section 394.9135,
  101  Florida Statutes, are amended to read:
  102         394.9135 Immediate releases from total confinement;
  103  transfer of person to department; time limitations on
  104  assessment, notification, and filing petition to hold in
  105  custody; filing petition after release.—
  106         (2) Within 72 hours after transfer, the multidisciplinary
  107  team shall assess whether the person meets the definition of a
  108  sexually violent predator. If the multidisciplinary team
  109  determines that the person does not meet the definition of a
  110  sexually violent predator, that person shall be immediately
  111  released. If the multidisciplinary team determines that the
  112  person meets the definition of a sexually violent predator, the
  113  team shall provide the state attorney, as designated by s.
  114  394.913, with its written assessment and recommendation within
  115  the 72-hour period or, if the 72-hour period ends after 5 p.m.
  116  on a work day or on a weekend or holiday, within the next
  117  working day thereafter.
  118         (3) Within 48 hours after receipt of the written assessment
  119  and recommendation from the multidisciplinary team, the state
  120  attorney, as designated in s. 394.913, may file a petition with
  121  the circuit court alleging that the person is a sexually violent
  122  predator and stating facts sufficient to support such
  123  allegation. If a petition is not filed within 48 hours after
  124  receipt of the written assessment and recommendation by the
  125  state attorney, the person shall be immediately released, except
  126  that if the 48-hour period ends after 5 p.m. on a work day or on
  127  a weekend or holiday, the petition may be filed on the next work
  128  day without resulting in the person’s release. If a petition is
  129  filed pursuant to this section and the judge determines that
  130  there is probable cause to believe that the person is a sexually
  131  violent predator, the judge shall order the person be maintained
  132  in custody and held in an appropriate secure facility for
  133  further proceedings in accordance with this part.
  134         Section 4. Section 394.933, Florida Statutes, is created to
  135  read:
  136         394.933Introduction or removal of certain articles
  137  unlawful; penalty.—
  138         (1)(a) Except as authorized by law or as specifically
  139  authorized by the person in charge of a facility, it is unlawful
  140  to introduce into or upon the grounds of any facility for
  141  commitment or detention of sexually violent predators under this
  142  part, or to take or attempt to take or send therefrom, any of
  143  the following articles, which are declared to be contraband for
  144  the purposes of this section:
  145         1. Any intoxicating beverage or beverage that causes or may
  146  cause an intoxicating effect;
  147         2. Any controlled substance as defined in chapter 893;
  148         3. Any firearm or deadly weapon; or
  149         4. Any other item that is designated as contraband by rule
  150  of the department or the agency with jurisdiction  based upon a
  151  determination that the item is hazardous to the welfare of
  152  clients or the operation of the facility.
  153         (b) It is unlawful to transmit to, attempt to transmit to,
  154  or cause or attempt to cause to be transmitted to or received by
  155  any client of any facility under the supervision or control of
  156  the department or agency any article or thing declared by this
  157  section to be contraband, at any place that is outside the
  158  grounds of such facility, except as authorized by law or as
  159  specifically authorized by the person in charge of such
  160  facility.
  161         (2)(a) All individuals or vehicles entering the grounds of
  162  any facility to which this section applies are subject to
  163  reasonable search and seizure of any contraband materials
  164  introduced into or upon the grounds of such facility for the
  165  purpose of enforcing this section. This paragraph shall be
  166  enforced by institutional security personnel or by a law
  167  enforcement officer as defined in s. 943.10.
  168         (b) A person who violates subsection (1) commits a felony
  169  of the third degree, punishable as provided in s. 775.082, s.
  170  775.083, or s. 775.084.
  171         Section 5. Paragraph (g) of subsection (2), paragraph (c)
  172  of subsection (4), paragraph (a) of subsection (5), paragraphs
  173  (a), (f), (g), (i), and (j) of subsection (6), paragraph (a) of
  174  subsection (7), and paragraph (a) of subsection (8) of section
  175  775.21, Florida Statutes, are amended, and paragraph (l) is
  176  added to subsection (2) of that section, to read:
  177         775.21 The Florida Sexual Predators Act.—
  178         (2) DEFINITIONS.—As used in this section, the term:
  179         (g) “Temporary residence” means a place where the person
  180  abides, lodges, or resides, including, but not limited to,
  181  vacation, business, or personal travel destinations in or out of
  182  this state, for a period of 5 or more days in the aggregate
  183  during any calendar year and which is not the person’s permanent
  184  address or, for a person whose permanent residence is not in
  185  this state, a place where the person is employed, practices a
  186  vocation, or is enrolled as a student for any period of time in
  187  this state.
  188         (l)“Transient residence” means a place or county where a
  189  person lives, remains, or is located for a period of 5 or more
  190  days in the aggregate during a calendar year and which is not
  191  the person’s permanent or temporary address. The term includes,
  192  but is not limited to, a place where the person sleeps or seeks
  193  shelter and a location that has no specific street address.
  194         (4) SEXUAL PREDATOR CRITERIA.—
  195         (c) If an offender has been registered as a sexual predator
  196  by the Department of Corrections, the department, or any other
  197  law enforcement agency and if:
  198         1. The court did not, for whatever reason, make a written
  199  finding at the time of sentencing that the offender was a sexual
  200  predator; or
  201         2. The offender was administratively registered as a sexual
  202  predator because the Department of Corrections, the department,
  203  or any other law enforcement agency obtained information that
  204  indicated that the offender met the criteria for designation as
  205  a sexual predator based on a violation of a similar law in
  206  another jurisdiction,
  207  
  208  the department shall remove that offender from the department’s
  209  list of sexual predators and, for an offender described under
  210  subparagraph 1., shall notify the state attorney who prosecuted
  211  the offense that met the criteria for administrative designation
  212  as a sexual predator, and, for an offender described under this
  213  paragraph, shall notify the state attorney of the county where
  214  the offender establishes or maintains a permanent, or temporary,
  215  or transient residence. The state attorney shall bring the
  216  matter to the court’s attention in order to establish that the
  217  offender meets the criteria for designation as a sexual
  218  predator. If the court makes a written finding that the offender
  219  is a sexual predator, the offender must be designated as a
  220  sexual predator, must register or be registered as a sexual
  221  predator with the department as provided in subsection (6), and
  222  is subject to the community and public notification as provided
  223  in subsection (7). If the court does not make a written finding
  224  that the offender is a sexual predator, the offender may not be
  225  designated as a sexual predator with respect to that offense and
  226  is not required to register or be registered as a sexual
  227  predator with the department.
  228         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
  229  as a sexual predator as follows:
  230         (a)1. An offender who meets the sexual predator criteria
  231  described in paragraph (4)(d) is a sexual predator, and the
  232  court shall make a written finding at the time such offender is
  233  determined to be a sexually violent predator under chapter 394
  234  that such person meets the criteria for designation as a sexual
  235  predator for purposes of this section. The clerk shall transmit
  236  a copy of the order containing the written finding to the
  237  department within 48 hours after the entry of the order;
  238         2. An offender who meets the sexual predator criteria
  239  described in paragraph (4)(a) who is before the court for
  240  sentencing for a current offense committed on or after October
  241  1, 1993, is a sexual predator, and the sentencing court must
  242  make a written finding at the time of sentencing that the
  243  offender is a sexual predator, and the clerk of the court shall
  244  transmit a copy of the order containing the written finding to
  245  the department within 48 hours after the entry of the order; or
  246         3. If the Department of Corrections, the department, or any
  247  other law enforcement agency obtains information which indicates
  248  that an offender who establishes or maintains a permanent, or
  249  temporary, or transient residence in this state meets the sexual
  250  predator criteria described in paragraph (4)(a) or paragraph
  251  (4)(d) because the offender was civilly committed or committed a
  252  similar violation in another jurisdiction on or after October 1,
  253  1993, the Department of Corrections, the department, or the law
  254  enforcement agency shall notify the state attorney of the county
  255  where the offender establishes or maintains a permanent, or
  256  temporary, or transient residence of the offender’s presence in
  257  the community. The state attorney shall file a petition with the
  258  criminal division of the circuit court for the purpose of
  259  holding a hearing to determine if the offender’s criminal record
  260  or record of civil commitment from another jurisdiction meets
  261  the sexual predator criteria. If the court finds that the
  262  offender meets the sexual predator criteria because the offender
  263  has violated a similar law or similar laws in another
  264  jurisdiction, the court shall make a written finding that the
  265  offender is a sexual predator.
  266  
  267  When the court makes a written finding that an offender is a
  268  sexual predator, the court shall inform the sexual predator of
  269  the registration and community and public notification
  270  requirements described in this section. Within 48 hours after
  271  the court designating an offender as a sexual predator, the
  272  clerk of the circuit court shall transmit a copy of the court’s
  273  written sexual predator finding to the department. If the
  274  offender is sentenced to a term of imprisonment or supervision,
  275  a copy of the court’s written sexual predator finding must be
  276  submitted to the Department of Corrections.
  277         (6) REGISTRATION.—
  278         (a) A sexual predator must register with the department
  279  through the sheriff’s office by providing the following
  280  information to the department:
  281         1. Name, social security number, age, race, sex, date of
  282  birth, height, weight, hair and eye color, photograph, address
  283  of legal residence and address of any current temporary
  284  residence, within the state or out of state, including a rural
  285  route address and a post office box, if no permanent or
  286  temporary address, any transient residence within the state,
  287  address, location or description, and dates of any current or
  288  known future temporary residence within the state or out of
  289  state, any electronic mail address and any instant message name
  290  required to be provided pursuant to subparagraph (g)4., home
  291  telephone number and any cellular telephone number, date and
  292  place of any employment, date and place of each conviction,
  293  fingerprints, and a brief description of the crime or crimes
  294  committed by the offender. A post office box shall not be
  295  provided in lieu of a physical residential address.
  296         a. If the sexual predator’s place of residence is a motor
  297  vehicle, trailer, mobile home, or manufactured home, as defined
  298  in chapter 320, the sexual predator shall also provide to the
  299  department written notice of the vehicle identification number;
  300  the license tag number; the registration number; and a
  301  description, including color scheme, of the motor vehicle,
  302  trailer, mobile home, or manufactured home. If a sexual
  303  predator’s place of residence is a vessel, live-aboard vessel,
  304  or houseboat, as defined in chapter 327, the sexual predator
  305  shall also provide to the department written notice of the hull
  306  identification number; the manufacturer’s serial number; the
  307  name of the vessel, live-aboard vessel, or houseboat; the
  308  registration number; and a description, including color scheme,
  309  of the vessel, live-aboard vessel, or houseboat.
  310         b. If the sexual predator is enrolled, employed, or
  311  carrying on a vocation at an institution of higher education in
  312  this state, the sexual predator shall also provide to the
  313  department the name, address, and county of each institution,
  314  including each campus attended, and the sexual predator’s
  315  enrollment or employment status. Each change in enrollment or
  316  employment status shall be reported in person at the sheriff’s
  317  office, or the Department of Corrections if the sexual predator
  318  is in the custody or control of or under the supervision of the
  319  Department of Corrections, within 48 hours after any change in
  320  status. The sheriff or the Department of Corrections shall
  321  promptly notify each institution of the sexual predator’s
  322  presence and any change in the sexual predator’s enrollment or
  323  employment status.
  324         2. Any other information determined necessary by the
  325  department, including criminal and corrections records;
  326  nonprivileged personnel and treatment records; and evidentiary
  327  genetic markers when available.
  328         (f) Within 48 hours after the registration required under
  329  paragraph (a) or paragraph (e), a sexual predator who is not
  330  incarcerated and who resides in the community, including a
  331  sexual predator under the supervision of the Department of
  332  Corrections, shall register in person at a driver’s license
  333  office of the Department of Highway Safety and Motor Vehicles
  334  and shall present proof of registration. At the driver’s license
  335  office the sexual predator shall:
  336         1. If otherwise qualified, secure a Florida driver’s
  337  license, renew a Florida driver’s license, or secure an
  338  identification card. The sexual predator shall identify himself
  339  or herself as a sexual predator who is required to comply with
  340  this section, provide his or her place of permanent, or
  341  temporary, or transient residence, including a rural route
  342  address and a post office box, and submit to the taking of a
  343  photograph for use in issuing a driver’s license, renewed
  344  license, or identification card, and for use by the department
  345  in maintaining current records of sexual predators. A post
  346  office box shall not be provided in lieu of a physical
  347  residential address. If the sexual predator’s place of residence
  348  is a motor vehicle, trailer, mobile home, or manufactured home,
  349  as defined in chapter 320, the sexual predator shall also
  350  provide to the Department of Highway Safety and Motor Vehicles
  351  the vehicle identification number; the license tag number; the
  352  registration number; and a description, including color scheme,
  353  of the motor vehicle, trailer, mobile home, or manufactured
  354  home. If a sexual predator’s place of residence is a vessel,
  355  live-aboard vessel, or houseboat, as defined in chapter 327, the
  356  sexual predator shall also provide to the Department of Highway
  357  Safety and Motor Vehicles the hull identification number; the
  358  manufacturer’s serial number; the name of the vessel, live
  359  aboard vessel, or houseboat; the registration number; and a
  360  description, including color scheme, of the vessel, live-aboard
  361  vessel, or houseboat.
  362         2. Pay the costs assessed by the Department of Highway
  363  Safety and Motor Vehicles for issuing or renewing a driver’s
  364  license or identification card as required by this section. The
  365  driver’s license or identification card issued to the sexual
  366  predator must be in compliance with s. 322.141(3).
  367         3. Provide, upon request, any additional information
  368  necessary to confirm the identity of the sexual predator,
  369  including a set of fingerprints.
  370         (g)1. Each time a sexual predator’s driver’s license or
  371  identification card is subject to renewal, and, without regard
  372  to the status of the predator’s driver’s license or
  373  identification card, within 48 hours after any change of the
  374  predator’s residence or change in the predator’s name by reason
  375  of marriage or other legal process, the predator shall report in
  376  person to a driver’s license office and shall be subject to the
  377  requirements specified in paragraph (f). The Department of
  378  Highway Safety and Motor Vehicles shall forward to the
  379  department and to the Department of Corrections all photographs
  380  and information provided by sexual predators. Notwithstanding
  381  the restrictions set forth in s. 322.142, the Department of
  382  Highway Safety and Motor Vehicles is authorized to release a
  383  reproduction of a color-photograph or digital-image license to
  384  the Department of Law Enforcement for purposes of public
  385  notification of sexual predators as provided in this section.
  386         2. A sexual predator who vacates a permanent, temporary, or
  387  transient residence and fails to establish or maintain another
  388  permanent, or temporary, or transient residence shall, within 48
  389  hours after vacating the permanent, temporary, or transient
  390  residence, report in person to the sheriff’s office of the
  391  county in which he or she is located. The sexual predator shall
  392  specify the date upon which he or she intends to or did vacate
  393  such residence. The sexual predator must provide or update all
  394  of the registration information required under paragraph (a).
  395  The sexual predator must provide an address for the residence or
  396  other place location that he or she is or will be located
  397  occupying during the time in which he or she fails to establish
  398  or maintain a permanent or temporary residence.
  399         3. A sexual predator who remains at a permanent, temporary,
  400  or transient residence after reporting his or her intent to
  401  vacate such residence shall, within 48 hours after the date upon
  402  which the predator indicated he or she would or did vacate such
  403  residence, report in person to the sheriff’s office to which he
  404  or she reported pursuant to subparagraph 2. for the purpose of
  405  reporting his or her address at such residence. When the sheriff
  406  receives the report, the sheriff shall promptly convey the
  407  information to the department. An offender who makes a report as
  408  required under subparagraph 2. but fails to make a report as
  409  required under this subparagraph commits a felony of the second
  410  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  411  775.084.
  412         4. A sexual predator must register any electronic mail
  413  address or instant message name with the department prior to
  414  using such electronic mail address or instant message name on or
  415  after October 1, 2007. The department shall establish an online
  416  system through which sexual predators may securely access and
  417  update all electronic mail address and instant message name
  418  information.
  419         (i) A sexual predator who intends to establish a permanent,
  420  temporary, or transient residence in another state or
  421  jurisdiction other than the State of Florida shall report in
  422  person to the sheriff of the county of current residence within
  423  48 hours before the date he or she intends to leave this state
  424  to establish residence in another state or jurisdiction. The
  425  sexual predator must provide to the sheriff the address,
  426  municipality, county, and state of intended residence. The
  427  sheriff shall promptly provide to the department the information
  428  received from the sexual predator. The department shall notify
  429  the statewide law enforcement agency, or a comparable agency, in
  430  the intended state or jurisdiction of residence of the sexual
  431  predator’s intended residence. The failure of a sexual predator
  432  to provide his or her intended place of residence is punishable
  433  as provided in subsection (10).
  434         (j) A sexual predator who indicates his or her intent to
  435  establish a permanent, temporary, or transient residence reside
  436  in another state or jurisdiction other than the State of Florida
  437  and later decides to remain in this state shall, within 48 hours
  438  after the date upon which the sexual predator indicated he or
  439  she would leave this state, report in person to the sheriff to
  440  which the sexual predator reported the intended change of
  441  residence, and report his or her intent to remain in this state.
  442  If the sheriff is notified by the sexual predator that he or she
  443  intends to remain in this state, the sheriff shall promptly
  444  report this information to the department. A sexual predator who
  445  reports his or her intent to establish a permanent, temporary,
  446  or transient residence reside in another state or jurisdiction,
  447  but who remains in this state without reporting to the sheriff
  448  in the manner required by this paragraph, commits a felony of
  449  the second degree, punishable as provided in s. 775.082, s.
  450  775.083, or s. 775.084.
  451         (7) COMMUNITY AND PUBLIC NOTIFICATION.—
  452         (a) Law enforcement agencies must inform members of the
  453  community and the public of a sexual predator’s presence. Upon
  454  notification of the presence of a sexual predator, the sheriff
  455  of the county or the chief of police of the municipality where
  456  the sexual predator establishes or maintains a permanent or
  457  temporary residence shall notify members of the community and
  458  the public of the presence of the sexual predator in a manner
  459  deemed appropriate by the sheriff or the chief of police. Within
  460  48 hours after receiving notification of the presence of a
  461  sexual predator, the sheriff of the county or the chief of
  462  police of the municipality where the sexual predator temporarily
  463  or permanently resides shall notify each licensed day care
  464  center, elementary school, middle school, and high school within
  465  a 1-mile radius of the temporary or permanent residence of the
  466  sexual predator of the presence of the sexual predator.
  467  Information provided to members of the community and the public
  468  regarding a sexual predator must include:
  469         1. The name of the sexual predator;
  470         2. A description of the sexual predator, including a
  471  photograph;
  472         3. The sexual predator’s current permanent, temporary, and
  473  transient addresses, and descriptions of registered locations
  474  that have no specific street address, including the name of the
  475  county or municipality if known;
  476         4. The circumstances of the sexual predator’s offense or
  477  offenses; and
  478         5. Whether the victim of the sexual predator’s offense or
  479  offenses was, at the time of the offense, a minor or an adult.
  480  
  481  This paragraph does not authorize the release of the name of any
  482  victim of the sexual predator.
  483         (8) VERIFICATION.—The department and the Department of
  484  Corrections shall implement a system for verifying the addresses
  485  of sexual predators. The system must be consistent with the
  486  provisions of the federal Adam Walsh Child Protection and Safety
  487  Act of 2006 and any other federal standards applicable to such
  488  verification or required to be met as a condition for the
  489  receipt of federal funds by the state. The Department of
  490  Corrections shall verify the addresses of sexual predators who
  491  are not incarcerated but who reside in the community under the
  492  supervision of the Department of Corrections and shall report to
  493  the department any failure by a sexual predator to comply with
  494  registration requirements. County and local law enforcement
  495  agencies, in conjunction with the department, shall verify the
  496  addresses of sexual predators who are not under the care,
  497  custody, control, or supervision of the Department of
  498  Corrections. Local law enforcement agencies shall report to the
  499  department any failure by a sexual predator to comply with
  500  registration requirements.
  501         (a) A sexual predator must report in person each year
  502  during the month of the sexual predator’s birthday and during
  503  every third month thereafter to the sheriff’s office in the
  504  county in which he or she resides or is otherwise located to
  505  reregister. The sheriff’s office may determine the appropriate
  506  times and days for reporting by the sexual predator, which shall
  507  be consistent with the reporting requirements of this paragraph.
  508  Reregistration shall include any changes to the following
  509  information:
  510         1. Name; social security number; age; race; sex; date of
  511  birth; height; weight; hair and eye color; address of any
  512  permanent residence and address of any current temporary
  513  residence, within the state or out of state, including a rural
  514  route address and a post office box; if no permanent or
  515  temporary address, any transient residence within the state;
  516  address, location or description, and dates of any current or
  517  known future temporary residence within the state or out of
  518  state; any electronic mail address and any instant message name
  519  required to be provided pursuant to subparagraph (6)(g)4.; home
  520  telephone number and any cellular telephone number; date and
  521  place of any employment; vehicle make, model, color, and license
  522  tag number; fingerprints; and photograph. A post office box
  523  shall not be provided in lieu of a physical residential address.
  524         2. If the sexual predator is enrolled, employed, or
  525  carrying on a vocation at an institution of higher education in
  526  this state, the sexual predator shall also provide to the
  527  department the name, address, and county of each institution,
  528  including each campus attended, and the sexual predator’s
  529  enrollment or employment status.
  530         3. If the sexual predator’s place of residence is a motor
  531  vehicle, trailer, mobile home, or manufactured home, as defined
  532  in chapter 320, the sexual predator shall also provide the
  533  vehicle identification number; the license tag number; the
  534  registration number; and a description, including color scheme,
  535  of the motor vehicle, trailer, mobile home, or manufactured
  536  home. If the sexual predator’s place of residence is a vessel,
  537  live-aboard vessel, or houseboat, as defined in chapter 327, the
  538  sexual predator shall also provide the hull identification
  539  number; the manufacturer’s serial number; the name of the
  540  vessel, live-aboard vessel, or houseboat; the registration
  541  number; and a description, including color scheme, of the
  542  vessel, live-aboard vessel, or houseboat.
  543         Section 6. Section 856.022, Florida Statutes, is created to
  544  read:
  545         856.022Loitering or prowling by certain offenders in close
  546  proximity to children; penalty.—
  547         (1)Except as provided in subsection (2), this section
  548  applies to a person convicted of committing, or attempting,
  549  soliciting, or conspiring to commit, any of the criminal
  550  offenses proscribed in the following statutes in this state or
  551  similar offenses in another jurisdiction against a victim who
  552  was under the age of 18 at the time of the offense: s. 787.01,
  553  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  554  the offender was not the victim’s parent or guardian; s.
  555  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
  556  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
  557  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
  558  847.0145; s. 985.701(1); or any similar offense committed in
  559  this state which has been redesignated from a former statute
  560  number to one of those listed in this subsection, if the person
  561  has not received a pardon for any felony or similar law of
  562  another jurisdiction necessary for the operation of this
  563  subsection and a conviction of a felony or similar law of
  564  another jurisdiction necessary for the operation of this
  565  subsection has not been set aside in any postconviction
  566  proceeding.
  567         (2)This section does not apply to a person who has been
  568  removed from the requirement to register as a sexual offender or
  569  sexual predator pursuant to s. 943.04354.
  570         (3)A person described in subsection (1) commits loitering
  571  or prowling by a person convicted of a sexual offense against a
  572  minor if, while committing loitering or prowling in violation of
  573  s. 856.021, he or she is knowingly:
  574         (a)Within 300 feet of a child care facility or pre-K
  575  through 12 school or on real property comprising any child care
  576  facility or pre-K through 12 school when the child care facility
  577  or school is in operation; or
  578         (b)Within 300 feet of a park, playground, or bus stop
  579  while children are present and congregating in such a manner
  580  that any reasonable person would be aware of their presence at
  581  the park, playground, or bus stop at the same time that the
  582  offender is also present.
  583         (4)It is unlawful for a person described in subsection (1)
  584  to:
  585         (a)Knowingly approach, contact, or communicate with a
  586  child under 18 years of age in any public park building or on
  587  real property comprising any public park or playground with
  588  intent to engage in conduct of a sexual nature, or to make a
  589  communication of any type containing any content of a sexual
  590  nature. This paragraph applies only to a person described in
  591  subsection (1) whose offense was committed on or after the
  592  effective date of this act.
  593         (b)1.Knowingly be present in any child care facility or
  594  pre-K through 12 school or on real property comprising any child
  595  care facility or pre-K through 12 school when the child care
  596  facility or school is in operation unless the person has
  597  provided written notification of his or her intent to be present
  598  to the school board, superintendent, principal, or child care
  599  facility owner;
  600         2.Fail to notify the child care facility owner or the
  601  school principal’s office when he or she arrives and departs the
  602  child care facility or school; or
  603         3.Fail to remain under direct supervision of a school
  604  official or designated chaperone when present in the vicinity of
  605  children. As used in this paragraph, the term “school official”
  606  means a principal, school resource officer, teacher or any other
  607  employee of the school, the superintendent of schools, a member
  608  of the school board, a child care facility owner, or a child
  609  care provider.
  610         (c)A person is not in violation of paragraph (b) if:
  611         1.The child care facility or school is a voting location
  612  and the person is present for the purpose of voting during the
  613  hours designated for voting; or
  614         2.The person is only dropping off or picking up his or her
  615  own children or grandchildren at the child care facility or
  616  school.
  617         (5)Any person who violates this section commits a
  618  misdemeanor of the first degree, punishable as provided in s.
  619  775.082 or s. 775.083.
  620         Section 7. This act shall take effect July 1, 2010.


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