Title: Residency Restrictions for Persons Convicted of Certain Sex Offenses and Required to Register as Sexual Offenders or Sexual Predators

Summary: Prohibits person who is required to register as sexual offender or sexual predator & who has been convicted of committing certain offenses in which victim of offense was younger than 12 from permanently residing with unrelated child; provides that person who resides with such child in violation of act commits felony, depending upon classification of underlying felony conviction; provides for applicability; requires predator or offender subject to act to report to name & age of any child permanently residing with him or her.

Full Text:
An act relating to residency restrictions for persons convicted of certain sex offenses and required to register as a sexual offender or sexual predator; creating s. 775.2155, F.S.; defining the terms "convicted," "permanently reside," and "unrelated child"; prohibiting a person who is required to register as a sexual offender or sexual predator and who has been convicted of committing certain specified offenses in which the victim of the offense was younger than years of age from permanently residing with an unrelated child; providing that a person who resides with such a child in violation of the act commits a felony of the third degree or a misdemeanor of the first degree, depending upon the classification of the underlying felony conviction; providing for the applicability of the act; amending ss. 775.21, 943.0435, and 944.607, F.S.; requiring a sexual predator or sexual offender subject to the act to report to the sheriff's office, the Department of Law Enforcement, or the Department of Corrections, as appropriate, the name and age of any child permanently residing with the predator or offender; providing an effective date. 26 Be It Enacted by the Legislature of the State of Florida: 28 Section 1. Section 775.2155, Florida Statutes, is created to read: 775.2155 Residency restriction for persons convicted of certain sex offenses and required to register as a sexual offender or sexual predator; application date.-(1) As used in this section, the term: (a) "Convicted" has the same meaning as provided in s. 943.0435. (b) "Permanently reside" means to dwell or reside in a place for or more consecutive days. (c) "Unrelated child" means a child younger than years of age who is not related by blood to the offender within the third degree of consanguinity and is not a stepchild of the offender. (2)(a) A person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 in which the victim of the offense was younger than years of age, and who is required to register as a sexual offender or a sexual predator, may not permanently reside with an unrelated child. (b) A person who violates this subsection whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the first degree or higher and who is required to register as a sexual offender or a sexual predator commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the second or third degree and who is required to register as a sexual offender or a sexual predator commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) This subsection applies to a person convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for an offense that occurs on or after October 1, 2012, and who is required to register as a sexual offender or a sexual predator on or after October 1, 2012. Section 2. Paragraph (a) of subsection (6) of section 775.21, Florida Statutes, is amended to read: 775.21 The Florida Sexual Predators Act.-(6) REGISTRATION.-(a) A sexual predator must register with the department through the sheriff's office by providing the following information to the department: 1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; photograph; the name and age of any child permanently residing with the sexual predator; address of legal residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state; address, location or description, and dates of any current or known future temporary residence within the state or out of state; any electronic mail address and any instant message name required to be provided pursuant to subparagraph (g)4.; home telephone number and any cellular telephone number; date and place of any employment; date and place of each conviction; fingerprints; and a brief description of the crime or crimes committed by the offender. A post office box may shall not be provided in lieu of a physical residential address. a. If the sexual predator's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide to the department written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a sexual predator's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat. b. If the sexual predator is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual predator shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual predator's enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the sheriff's office, or the Department of Corrections if the sexual predator is in the custody or control of or under the supervision of the Department of Corrections, within hours after any change in status. The sheriff or the Department of Corrections shall promptly notify each institution of the sexual predator's presence and any change in the sexual predator's enrollment or employment status. 2. Any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers when available. Section 3. Paragraph (b) of subsection (2) of section 943.0435, Florida Statutes, is amended to read: 943.0435 Sexual offenders required to register with the department; penalty.-(2) A sexual offender shall: (b) Provide his or her name; date of birth; social security number; race; sex; height; weight; hair and eye color; tattoos or other identifying marks; occupation and place of employment; the name and age of any child permanently residing with the sexual offender; address of permanent or legal residence or address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state, address, location or description, and dates of any current or known future temporary residence within the state or out of state; home telephone number and any cellular telephone number; any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d); date and place of each conviction; and a brief description of the crime or crimes committed by the offender. A post office box may shall not be provided in lieu of a physical residential address. 1. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriff's office written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat. 2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department through the sheriff's office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change in enrollment or employment status shall be reported in person at the sheriff's office, within hours after any change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change in the sexual offender's enrollment or employment status. 168 When a sexual offender reports at the sheriff's office, the sheriff shall take a photograph and a set of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender. Section 4. Paragraph (a) of subsection (4) of section 944.607, Florida Statutes, is amended to read: 944.607 Notification to Department of Law Enforcement of information on sexual offenders.-(4) A sexual offender, as described in this section, who is under the supervision of the Department of Corrections but is not incarcerated must register with the Department of Corrections within business days after sentencing for a registrable offense and otherwise provide information as required by this subsection. (a) The sexual offender shall provide his or her name; date of birth; social security number; race; sex; height; weight; hair and eye color; tattoos or other identifying marks; the name and age of any child permanently residing with the sexual offender; any electronic mail address and any instant message name required to be provided pursuant to s. 943.0435(4)(d); permanent or legal residence and address of temporary residence within the state or out of state while the sexual offender is under supervision in this state, including any rural route address or post office box; if no permanent or temporary address, any transient residence within the state; and address, location or description, and dates of any current or known future temporary residence within the state or out of state. The Department of Corrections shall verify the address of each sexual offender in the manner described in ss. 775.21 and 943.0435. The department shall report to the Department of Law Enforcement any failure by a sexual predator or sexual offender to comply with registration requirements. Section 5. This act shall take effect October 1, 2012.