Bill Amendment: FL S1552 | 2020 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Law Enforcement Activities

Status: 2020-03-14 - Died in Messages [S1552 Detail]

Download: Florida-2020-S1552-Senate_Committee_Amendment_697978.html

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       Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1552
       
       
       
       
       
       
                                Ì697978yÎ697978                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Criminal Justice (Flores) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 369 - 495
    4  and insert:
    5         (e)1. A sexual offender shall register all electronic mail
    6  addresses and Internet identifiers, and each Internet
    7  identifier’s corresponding website homepage or application
    8  software name, with the department through the department’s
    9  online system or in person at the sheriff’s office within 48
   10  hours after using such electronic mail addresses and Internet
   11  identifiers. If the sexual offender is in the custody or
   12  control, or under the supervision, of the Department of
   13  Corrections, he or she must report all electronic mail addresses
   14  and Internet identifiers, and each Internet identifier’s
   15  corresponding website homepage or application software name, to
   16  the Department of Corrections before using such electronic mail
   17  addresses or Internet identifiers. If the sexual offender is in
   18  the custody or control, or under the supervision, of the
   19  Department of Juvenile Justice, he or she must report all
   20  electronic mail addresses and Internet identifiers, and each
   21  Internet identifier’s corresponding website homepage or
   22  application software name, to the Department of Juvenile Justice
   23  before using such electronic mail addresses or Internet
   24  identifiers.
   25         2. A sexual offender shall register all changes to vehicles
   26  owned, all changes to home telephone numbers and cellular
   27  telephone numbers, including added and deleted numbers, all
   28  changes to employment information, and all changes in status
   29  related to enrollment, volunteering, or employment at
   30  institutions of higher education, through the department’s
   31  online system; in person at the sheriff’s office; in person at
   32  the Department of Corrections if the sexual offender is in the
   33  custody or control, or under the supervision, of the Department
   34  of Corrections; or in person at the Department of Juvenile
   35  Justice if the sexual offender is in the custody or control, or
   36  under the supervision, of the Department of Juvenile Justice.
   37  All changes required to be reported under this subparagraph must
   38  be reported within 48 hours after the change.
   39         3. The department shall establish an online system through
   40  which sexual offenders may securely access, submit, and update
   41  all changes in status to vehicles owned; electronic mail
   42  addresses; Internet identifiers and each Internet identifier’s
   43  corresponding website homepage or application software name;
   44  home telephone numbers and cellular telephone numbers;
   45  employment information; and institution of higher education
   46  information.
   47         (7) A sexual offender who intends to establish a permanent,
   48  temporary, or transient residence in another state or
   49  jurisdiction other than the State of Florida or intends to
   50  travel outside of the United States shall report in person to
   51  the sheriff of the county of current residence at least within
   52  48 hours before the date he or she intends to leave this state
   53  to establish residence in another state or jurisdiction or at
   54  least 21 days before the date he or she intends to travel if the
   55  intended residence of 5 days or more is outside of the United
   56  States. Any travel that is not known by the sexual offender 48
   57  hours before he or she intends to establish a residence in
   58  another state or jurisdiction or 21 days before the departure
   59  date for travel outside of the United States must be reported in
   60  person to the sheriff’s office as soon as possible before
   61  departure. The sexual offender shall provide to the sheriff the
   62  address, municipality, county, state, and country of intended
   63  residence. For international travel, the sexual offender shall
   64  also provide travel information, including, but not limited to,
   65  expected departure and return dates, flight numbers number,
   66  airports airport of departure and return, cruise ports port of
   67  departure and return, or any other means of intended travel. The
   68  sheriff shall promptly provide to the department the information
   69  received from the sexual offender. The department shall notify
   70  the statewide law enforcement agency, or a comparable agency, in
   71  the intended state, jurisdiction, or country of residence or the
   72  intended country of travel of the sexual offender’s intended
   73  residence or intended travel. The failure of a sexual offender
   74  to provide his or her intended place of residence or intended
   75  travel is punishable as provided in subsection (9).
   76         (11) Except as provided in s. 943.04354, a sexual offender
   77  shall maintain registration with the department for the duration
   78  of his or her life unless the sexual offender has received a
   79  full pardon or has had a conviction set aside in a
   80  postconviction proceeding for any offense that meets the
   81  criteria for classifying the person as a sexual offender for
   82  purposes of registration. However, a sexual offender shall be
   83  considered for removal of the requirement to register as a
   84  sexual offender only if the person:
   85         (b) Maintains As defined in sub-subparagraph (1)(h)1.b.
   86  must maintain registration with the department as described in
   87  sub-subparagraph (1)(h)1.b. for the duration of his or her life
   88  until the person provides the department with an order issued by
   89  the court that designated the person as a sexual predator or, as
   90  a sexually violent predator, or any other by another sexual
   91  offender designation in the state or jurisdiction in which the
   92  order was issued which states that such designation has been
   93  removed or demonstrates to the department that such designation,
   94  if not imposed by a court, has been removed by operation of law
   95  or court order in the state or jurisdiction in which the
   96  designation was made, and provided that such person no longer
   97  meets the criteria for registration as a sexual offender under
   98  the laws of this state.
   99         (c)1. Is required to register as a sexual offender solely
  100  under the requirements of sub-subparagraph (1)(h)1.b. and files
  101  a petition in the circuit court in the jurisdiction in which the
  102  person resides or, for a person who no longer resides in this
  103  state, the court in the jurisdiction in which the person last
  104  resided in this state. The petition must assert that his or her
  105  designation as a sexual predator or sexually violent predator or
  106  any other sexual offender designation in the state or
  107  jurisdiction in which the designation was made is confidential
  108  from public disclosure or that such designation, if not imposed
  109  by a court, is considered confidential from public disclosure by
  110  operation of law or court order in the state or jurisdiction in
  111  which the designation was made, provided that such person does
  112  not meet the criteria for registration as a sexual offender
  113  under the laws of this state.
  114         2. If the person meets the criteria in subparagraph 1., the
  115  court may grant the petition and remove the requirement to
  116  register as a sexual offender.
  117         3. A petition under this paragraph must document the
  118  person’s conviction and include a copy of the order issued by
  119  the court in the state or jurisdiction which made the
  120  designation confidential from public disclosure. If such relief
  121  was not granted by court order, the person must demonstrate to
  122  the court that his or her registration requirement has been made
  123  confidential by operation of law in the state or jurisdiction
  124  requiring registration. The state attorney and the department
  125  must be given notice at least 21 days before the date of the
  126  hearing on the petition and may present evidence in opposition
  127  to the requested relief or may otherwise demonstrate why it
  128  should be denied.
  129         4. If a person provides to the department a certified copy
  130  of the circuit court’s order granting the person removal of the
  131  requirement to register as a sexual offender in this state in
  132  accordance with this sub-paragraph, the registration