Title: Sexual Offender Registration and Notification

Summary: Revises requirements for registration as sexual offender.

Full Text:
An act relating to sexual offender registration and notification; amending ss. 943.0435, 944.606, and 944.607, F.S.; revising the definition of the term "convicted" for purposes of sexual offender registration requirements and notification upon release of a sexual offender; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraphs (b) and (h) of subsection (1) of section 943.0435, Florida Statutes, are amended to read: 943.0435 Sexual offenders required to register with the department; penalty.-(1) As used in this section, the term: (b) "Convicted" means that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, and includes an adjudication of delinquency of a juvenile as specified in this section. Conviction of a similar offense inc ludes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere HB 2021 resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes,but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. (h)1. "Sexual offender" means a person who meets the criteria in sub-subparagraph a., sub-subparagraph b., sub subparagraph c., or sub-subparagraph d., as follows: a.(I) Has been convicted of committing, or attempt ing, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victi mis a minor; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.013 5(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this sub-sub-subparagraph or at least one offense listed in this sub-sub-subparagraph with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a HB 2021 former statute number to one of those listed in this sub-sub-subparagraph; and (II) Has been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in sub-sub-subparagraph (I). For purposes of sub-sub-subparagraph (I), a sanction imposed in this state or in any other jurisdiction includes,but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility; b. Establishes or maintains a residence in this state a nd who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sex ual offender; c. Establishes or maintains a residence in this state who is in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, HB 2021 any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 95.03, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this sub-subparagraph or at least one offense listed in this sub-subparagraph with sexual intent or motive; s. 916.1075(2); or s. 985. 701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph; or d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting,soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was years of age or older at the time of the offense: (I) Section 794. 011, excluding s. 794.011(10); (II) Section 800.04(4)(a)2. where the victim is under 98 years of age or where the court finds sexual activity by the use of force or coercion; HB 2021 (III) Section 800.04(5)(c)1. where the court finds molestation involving uncl othed genitals; (IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals; or (V) Any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph. 2. For all qualifying offenses listed in sub-subparagraph 1.d., the court shall make a written finding of the age of the offender at the time of the offense. For each violation of a qualifying offense listed in this subsection, ex cept for a violation of s. 794.011, the court shall make a written finding of the age of the victim at the time of the offense. For a violation of s. 800.04(4), the court shall also make a written finding indicating whether the offense involved sexual acti vity and indicating whether the offense involved force or coercion. For a violation of s. 800.04(5), the court shall also make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion. Section 2. Paragraph (a) of subsection (1) of section 944.606, Florida Statutes, is amended to read: 944.606 Sexual offenders; notification upon release.-(1) As used in this section, the term: HB 2021 (a) "Convicted " means there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisd iction. A sanction includes,but is not limited to, a fine; probation; community control; parole; conditional release; control release; or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. Section 3. Paragraph (b) of subsection (1) of section 944.607, Florida Statutes, is amended to read: 944.607 Notification to Department of Law Enforcement of information on sexual offenders.-(1) As used in this section, the term: (b) "Conviction" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. Conviction of a similar offense includes, but is not limited to, a conviction by a federal or milit ary tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty HB 2021 or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes,but is not limited to, a fine; probation; community control; parole; conditional release; control release; or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. Section 4. This act sh all take effect upon becoming a law.