Do I Need to Report in Alabama for Sex Crime if Rights Restored in Florida?
Full Question:
Answer:
A person in Florida who has had his or her civil rights restored does not have to register as a convicted felon, but may have to register as a sexual predator, if classified as such. In Florida, a sexual predator must maintain registration with the department for the duration of his or her life, unless the sexual predator has received a full pardon or has had a conviction set aside in a post conviction proceeding for any offense that met the criteria for the sexual predator
designation.
In Alabama, registration requirements vary depending on factors such as repeat offense, the involvement of vioelnce, children, etc. An adult sex offender who resides in Alabama and who is convicted in any state or municipal court in Alabama or in another state in any court having jurisdiction similar to the jurisdiction of state or municipal courts in Alabama of a criminal sexual offense is required to register.
The following are AL statutes:
§ 13A-11-200. Reporting and registration requirements.
(a) The Legislature declares that its intent in imposing certain
reporting and registration requirements on criminal sex offenders is to
protect the public, especially children, from the dangers posed by
criminal sex offenders and not to further punish such offenders.
(b) If any person, except a delinquent child, as defined in
Section 12-15-1, residing in Alabama, has heretofore been convicted, or shall be
convicted in any state or municipal court in Alabama, or federal court,
or so convicted in another state in any court having jurisdiction similar
to the jurisdiction of state and municipal courts in Alabama for any of
the offenses hereinafter enumerated, such person shall, upon his or her
release from legal custody, register with the sheriff of the county of
his or her legal residence within seven days following such release or
within 30 days after September 7, 1967, in case such person was released
prior to such date. For purposes of this article, a conviction includes a
plea of nolo contendere, regardless of whether adjudication was withheld.
The offenses above referred to are generally any act of sexual perversion
involving a member of the same or the opposite sex, or any sexual abuse
of any member of the same or the opposite sex or any attempt to commit
any of these acts, and without limiting the generality of the above
statement shall include specifically: Rape, as proscribed by
Sections 13A-6-61 and 13A-6-62; sodomy, as proscribed by Sections 13A-6-63 and
13A-6-64; sexual misconduct, as proscribed by Section 13A-6-65; indecent
exposure, as proscribed by Section 13A-6-68; promoting prostitution in
the first or second degree, as proscribed by Sections 13A-12-111 and
13A-12-112; obscenity, as proscribed by Section 13A-12-131; incest, as
proscribed by Section 13A-13-3; or the attempt to commit any of the above
offenses.
(c) Any person having been so convicted shall upon moving his legal
residence from one county to another register with the sheriff of the
county to which he has moved within seven days after such removal. It
shall be unlawful for a convicted sex offender as described in this
article to fail or refuse to register as required in this section and
failure to do so is a Class C felony.
§ 13A-11-184. Certain persons exempt.
The provisions of this article shall not apply to any person
residing in any county in the state on September 12, 1966, who
has not been convicted of or served time for a felony within
the five years next preceding such date.
§ 15-20-3. Courts to forward records of convictions to Director of Public
Safety.
(a) Every court having jurisdiction of any of the offenses
enumerated in Section 15-20-1, or of violations of any
municipal ordinances proscribing like offenses, shall cause to
be forwarded to the Director of Public Safety a record of the
conviction in such court of any person of any of the offenses.
(b) For the purposes of this chapter the term "conviction"
shall mean a final conviction; however, forfeiture of bail to
secure a defendant's appearance in court, when such forfeiture
has not been vacated, shall be equivalent to a conviction.
§15-20-5. Reported information to be recorded and indexed by Department of
Public Safety; information available to law enforcement
officers, etc.
(a) The State Department of Public Safety shall adopt and
maintain a system for registering or recording and indexing the
information supplied by law enforcement officers and courts
pursuant to Sections 15-20-2 and 15-20-3, which, in the opinion
of the Director of Public Safety, will render this information
useful in the apprehension and conviction of persons guilty of
sex crimes and in the prevention or curtailing of such crimes.
(b) Information contained in such files shall not, however,
be deemed public information, and the contents thereof shall be
made available to duly constituted law enforcement officers for
the purpose of aiding in the apprehension and conviction of sex
offenders and in the prevention and curtailing of sex crimes
and to such other agencies as may by law be entitled to receive
such information.
§ 15-20-21. Definitions.
For purposes of this article, the following words shall
have the following meanings:
(1) ADULT CRIMINAL SEX OFFENDER. A person convicted of a
criminal sex offense, including a person who has pleaded
nolo contendere to a criminal sex offense, regardless of
whether adjudication was withheld.
§ 15-20-24. Adult criminal sex offender — Verification
of residence.
(a) Sixty days after an adult criminal sex offender's
most current release and, except during ensuing periods of
incarceration, thereafter on the anniversary date of an adult
criminal sex offender's birthday occurring more than
90 days after the release and the date six months after the
anniversary date of an adult criminal sex offender's birthday
occurring more than 90 days after the release, the Department
of Public Safety shall mail a non-forwardable verification
form to the address of the adult criminal sex offender. The
sheriff, or chief of police where applicable, where the adult
criminal sex offender resides shall be notified of the
pending verification and whether the verification form was
received by the adult criminal sex offender.
(b) Within 10 days of the receipt of the verification form,
the adult criminal sex offender shall present in person the
completed verification form to the sheriff, or chief of
police where applicable, who shall obtain fingerprints and a
photograph of the adult criminal sex offender. The
verification form shall be signed by the adult criminal sex
offender and shall state that the adult criminal sex
offender still resides at that address and that the adult
criminal sex offender is in compliance with the residence
restrictions established in this article. In the event the
adult criminal sex offender does not receive a verification
form from the Department of Public Safety, the offender must
nonetheless report in person to the sheriff, or chief of
police where applicable, to verify his or her place of
residence within 90 days of his or her most recent release
and thereafter each year within 30 days of the offender's
birthday and the date six months after the offender's
birthday.
(c) Within 30 days of an adult criminal sex offender's
address verification, the Department of Public Safety shall,
in accordance with guidelines promulgated by the Department
of Public Safety, receive from the appropriate sheriff or
chief of police verification of the adult criminal sex
offender's address. Such guidelines shall ensure that
address verification is accomplished with respect to these
individuals and shall require the submission of fingerprints
and photographs of the individuals.
(d) An adult criminal sex offender who fails to verify his
or her place of residence in accordance with this section,
provides a false statement to law enforcement in the
verification process, or knowingly fails to permit law
enforcement personnel to obtain fingerprints or a photograph
shall be guilty of a Class C felony.
The following are FL statutes:
775.13 Registration of convicted felons, exemptions;
penalties. —
(1) As used in this section, the term "convicted" means,
with respect to a person's felony offense, 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.
(2) Any person who has been convicted of a felony in any
court of this state shall, within 48 hours after entering
any county in this state, register with the sheriff of said
county, be fingerprinted and photographed, and list the
crime for which convicted, place of conviction, sentence
imposed, if any, name, aliases, if any, address, and
occupation. If the felony conviction is for an offense that
was found, pursuant to s. 874.04, to have been committed for
the purpose of benefiting, promoting, or furthering the
interests of a criminal gang, the registrant shall identify
himself or herself as such an offender. The Department of
Law Enforcement, in consultation with appropriate local law
enforcement agencies, may develop standardized practices for
the inclusion of gang affiliation at the time of offender
registration.
(3) Any person who has been convicted of a crime in any
federal court or in any court of a state other than Florida,
or of any foreign state or country, which crime if committed
in Florida would be a felony, shall forthwith within 48 hours
after entering any county in this state register with the
sheriff of said county in the same manner as provided for in
subsection (2).
(4) This section does not apply to an offender:
(a) Who has had his or her civil rights restored;
(b) Who has received a full pardon for the offense for which
convicted;
(c) Who has been lawfully released from incarceration or
other sentence or supervision for a felony conviction for
more than 5 years prior to such time for registration,
unless the offender is a fugitive from justice on a felony
charge or has been convicted of any offense since release
from such incarceration or other sentence or supervision;
(d) Who is a parolee or probationer under the supervision of
the United States Parole Commission if the commission knows
of and consents to the presence of the offender in Florida
or is a probationer under the supervision of any federal
probation officer in the state or who has been lawfully
discharged from such parole or probation;
(e) Who is a sexual predator and has registered as required
under s. 775.21;
(f) Who is a sexual offender and has registered as required
in s. 943.0435 or s. 944.607; or
(g) Who is a career offender who has registered as required
in s. 775.261 or s. 944.609.
(5) The failure of any such convicted felon to comply with
this section:
(a) With regard to any felon not listed in paragraph (b),
constitutes a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083.
(b) With regard to any felon who has been found, pursuant to
s. 874.04, to have committed any offense for the purpose of
benefiting, promoting, or furthering the interests of a
criminal gang, constitutes a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(6) Nothing in this section shall be construed to affect any
law of this state relating to registration of criminals
where the penalties for registration, notification, or
reporting obligations are in addition to, or in excess of,
those imposed by this section.
775.21 The Florida Sexual Predators Act. —
(1) SHORT TITLE. — This section may be cited as "The
Florida Sexual Predators Act."
(2) DEFINITIONS. — As used in this section, the term:
(a) "Chief of police" means the chief law enforcement
officer of a municipality.
(b) "Community" means any county where the sexual predator
lives or otherwise establishes or maintains a temporary or
permanent residence.
(c) "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.
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 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.
(d) "Department" means the Department of Law Enforcement.
(e) "Entering the county" includes being discharged from a
correctional facility or jail or secure treatment facility
within the county or being under supervision within the
county for the commission of a violation enumerated in
subsection (4).
(f) "Permanent residence" means a place where the person
abides, lodges, or resides for 5 or more consecutive days.
(g) "Temporary residence" means a place where the person
abides, lodges, or resides for a period of 5 or more days in
the aggregate during any calendar year and which is not the
person's permanent address or, for a person whose permanent
residence is not in this state, a place where the person is
employed, practices a vocation, or is enrolled as a student
for any period of time in this state.
(h) "Institution of higher education" means a career center,
community college, college, state university, or independent
postsecondary institution.
(i) "Change in enrollment or employment status" means the
commencement or termination of enrollment or employment or a
change in location of enrollment or employment.
(j) "Electronic mail address" has the same meaning as
provided in s. 668.602.
(k) "Instant message name" means an identifier that allows a
person to communicate in real time with another person using
the Internet.
(3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT. —
(a) Repeat sexual offenders, sexual offenders who use
physical violence, and sexual offenders who prey on children
are sexual predators who present an extreme threat to the
public safety. Sexual offenders are extremely likely to use
physical violence and to repeat their offenses, and most
sexual offenders commit many offenses, have many more
victims than are ever reported, and are prosecuted for only
a fraction of their crimes. This makes the cost of sexual
offender victimization to society at large, while
incalculable, clearly exorbitant.
(b) The high level of threat that a sexual predator presents
to the public safety, and the long-term effects suffered by
victims of sex offenses, provide the state with sufficient
justification to implement a strategy that includes:
1. Incarcerating sexual predators and maintaining adequate
facilities to ensure that decisions to release sexual
predators into the community are not made on the basis of
inadequate space.
2. Providing for specialized supervision of sexual predators
who are in the community by specially trained probation
officers with low caseloads, as described in ss. 947.1405(7)
and 948.30. The sexual predator is subject to specified
terms and conditions implemented at sentencing or at the
time of release from incarceration, with a requirement that
those who are financially able must pay all or part of the
costs of supervision.
3. Requiring the registration of sexual predators, with a
requirement that complete and accurate information be
maintained and accessible for use by law enforcement
authorities, communities, and the public.
4. Providing for community and public notification
concerning the presence of sexual predators.
5. Prohibiting sexual predators from working with children,
either for compensation or as a volunteer.
(c) The state has a compelling interest in protecting the
public from sexual predators and in protecting children from
predatory sexual activity, and there is sufficient
justification for requiring sexual predators to register and
for requiring community and public notification of the
presence of sexual predators.
(d) It is the purpose of the Legislature that, upon the
court's written finding that an offender is a sexual
predator, in order to protect the public, it is necessary
that the sexual predator be registered with the department
and that members of the community and the public be notified
of the sexual predator's presence. The designation of a
person as a sexual predator is neither a sentence nor a
punishment but simply a status resulting from the conviction
of certain crimes.
(e) It is the intent of the Legislature to address the
problem of sexual predators by:
1. Requiring sexual predators supervised in the community to
have special conditions of supervision and to be supervised
by probation officers with low caseloads;
2. Requiring sexual predators to register with the Florida
Department of Law Enforcement, as provided in this
section; and
3. Requiring community and public notification of the
presence of a sexual predator, as provided in this section.
(4) SEXUAL PREDATOR CRITERIA. —
(a) For a current offense committed on or after
October 1, 1993, upon conviction, an offender shall be
designated as a "sexual predator" under subsection (5), and
subject to registration under subsection (6) and community
and public notification under subsection (7) if:
1. The felony is:
a. A capital, life, or first-degree felony violation, or any
attempt thereof, of s. 787.01 or s. 787.02, where the victim
is a minor and the defendant is not the victim's parent or
guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
violation of a similar law of another jurisdiction; or
b. Any felony violation, or any attempt thereof, of
s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim
is a minor and the defendant is not the victim's parent or
guardian; s. 794.011, excluding s. 794.011(10); s. 794.05;
s. 796.03; s. 796.035; s. 800.04; s. 825.1025(2)(b);
s. 827.071; s. 847.0135(5); s. 847.0145; or s. 985.701(1);
or a violation of a similar law of another jurisdiction, and
the offender has previously been convicted of or found to
have committed, or has pled nolo contendere or guilty to,
regardless of adjudication, any violation of s. 787.01,
s. 787.02, or s. 787.025(2)(c), where the victim is a minor
and the defendant is not the victim's parent or guardian;
s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03;
s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133;
s. 847.0135, excluding s. 847.0135(4); s. 847.0145; or
s. 985.701(1); or a violation of a similar law of another
jurisdiction;
2. The offender has not received a pardon for any felony or
similar law of another jurisdiction that is necessary for
the operation of this paragraph; and
3. A conviction of a felony or similar law of another
jurisdiction necessary to the operation of this
paragraph has not been set aside in any postconviction proceeding.
(b) In order to be counted as a prior felony for purposes of
this subsection, the felony must have resulted in a
conviction sentenced separately, or an adjudication of
delinquency entered separately, prior to the current offense
and sentenced or adjudicated separately from any other
felony conviction that is to be counted as a prior felony
regardless of the date of offense of the prior felony.
(c) If an offender has been registered as a sexual predator
by the Department of Corrections, the department, or any
other law enforcement agency and if:
1. The court did not, for whatever reason, make a written
finding at the time of sentencing that the offender was a
sexual predator; or
2. The offender was administratively registered as a sexual
predator because the Department of Corrections, the
department, or any other law enforcement agency obtained
information that indicated that the offender met the
criteria for designation as a sexual predator based on a
violation of a similar law in another jurisdiction,the department shall remove that offender from the
department's list of sexual predators and, for an offender
described under subparagraph 1., shall notify the state
attorney who prosecuted the offense that met the criteria
for administrative designation as a sexual predator, and,
for an offender described under this paragraph, shall notify
the state attorney of the county where the offender
establishes or maintains a permanent or temporary residence.
The state attorney shall bring the matter to the court's
attention in order to establish that the offender meets the
criteria for designation as a sexual predator. If the court
makes a written finding that the offender is a sexual
predator, the offender must be designated as a sexual
predator, must register or be registered as a sexual
predator with the department as provided in subsection (6),
and is subject to the community and public notification as
provided in subsection (7). If the court does not make a
written finding that the offender is a sexual predator, the
offender may not be designated as a sexual predator with
respect to that offense and is not required to register or
be registered as a sexual predator with the department.
(d) An offender who has been determined to be a sexually
violent predator pursuant to a civil commitment proceeding
under chapter 394 shall be designated as a "sexual predator"
under subsection (5) and subject to registration under
subsection (6) and community and public notification under
subsection (7).
(5) SEXUAL PREDATOR DESIGNATION. — An offender is
designated as a sexual predator as follows:
(a)
1. An offender who meets the sexual predator criteria
described in paragraph (4)(d) is a sexual predator, and the
court shall make a written finding at the time such offender
is determined to be a sexually violent predator under
chapter 394 that such person meets the criteria for
designation as a sexual predator for purposes of this
section. The clerk shall transmit a copy of the order
containing the written finding to the department within
48 hours after the entry of the order;
2. An offender who meets the sexual predator criteria
described in paragraph (4)(a) who is before the court for
sentencing for a current offense committed on or after
October 1, 1993, is a sexual predator, and the sentencing
court must make a written finding at the time of sentencing
that the offender is a sexual predator, and the clerk of the
court shall transmit a copy of the order containing the
written finding to the department within 48 hours after the
entry of the order; or
3. If the Department of Corrections, the department, or any
other law enforcement agency obtains information which
indicates that an offender who establishes or maintains a
permanent or temporary residence in this state meets the
sexual predator criteria described in paragraph (4)(a) or
paragraph (4)(d) because the offender was civilly committed
or committed a similar violation in another jurisdiction on
or after October 1, 1993, the Department of Corrections, the
department, or the law enforcement agency shall notify the
state attorney of the county where the offender establishes
or maintains a permanent or temporary residence of the
offender's presence in the community. The state attorney
shall file a petition with the criminal division of the
circuit court for the purpose of holding a hearing to
determine if the offender's criminal record or record of
civil commitment from another jurisdiction meets the sexual
predator criteria. If the court finds that the offender
meets the sexual predator criteria because the offender has
violated a similar law or similar laws in another
jurisdiction, the court shall make a written finding that
the offender is a sexual predator.When the court makes a written finding that an offender is a
sexual predator, the court shall inform the sexual predator
of the registration and community and public notification
requirements described in this section. Within 48 hours
after the court designating an offender as a sexual
predator, the clerk of the circuit court shall transmit a
copy of the court's written sexual predator finding to the
department. If the offender is sentenced to a term of
imprisonment or supervision, a copy of the court's written
sexual predator finding must be submitted to the Department
of Corrections.
(b) If a sexual predator is not sentenced to a term of
imprisonment, the clerk of the court shall ensure that the
sexual predator's fingerprints are taken and forwarded to
the department within 48 hours after the court renders its
written sexual predator finding. The fingerprint card shall
be clearly marked, "Sexual Predator Registration Card." The
clerk of the court that convicts and sentences the sexual
predator for the offense or offenses described in
subsection (4) shall forward to the department and to the
Department of Corrections a certified copy of any order
entered by the court imposing any special condition or
restriction on the sexual predator which restricts or
prohibits access to the victim, if the victim is a minor, or
to other minors.
(c) If the Department of Corrections, the department, or any
other law enforcement agency obtains information which
indicates that an offender meets the sexual predator
criteria but the court did not make a written finding that
the offender is a sexual predator as required in
paragraph (a), the Department of Corrections, the
department, or the law enforcement agency shall notify the
state attorney who prosecuted the offense for offenders
described in subparagraph (a)1., or the state attorney of
the county where the offender establishes or maintains a
residence upon first entering the state for offenders
described in subparagraph (a)3. The state attorney shall
bring the matter to the court's attention in order to
establish that the offender meets the sexual predator
criteria. If the state attorney fails to establish that an
offender meets the sexual predator criteria and the court
does not make a written finding that an offender is a sexual
predator, the offender is not required to register with the
department as a sexual predator. The Department of
Corrections, the department, or any other law enforcement
agency shall not administratively designate an offender as a
sexual predator without a written finding from the court
that the offender is a sexual predator.
(d) A person who establishes or maintains a residence in
this state and 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 was
a resident of that state or jurisdiction, without regard to
whether the person otherwise meets the criteria for
registration as a sexual offender, shall register in the
manner provided in s. 943.0435 or s. 944.607 and shall be
subject to community and public notification as provided in
s. 943.0435 or s. 944.607. A person who meets the criteria
of this section is subject to the requirements and penalty
provisions of s. 943.0435 or s. 944.607 until the person
provides the department with an order issued by the court
that designated the person as a sexual predator, as a
sexually violent predator, or by another sexual offender
designation in the state or jurisdiction in which the order
was issued which states that such designation has been
removed or demonstrates to the department that such
designation, if not imposed by a court, has been removed by
operation of law or court order in the state or jurisdiction
in which the designation was made, and provided such person
no longer meets the criteria for registration as a sexual
offender under the laws of this state.
(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,
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, any
electronic mail address and any instant message name
required to be provided pursuant to subparagraph (g)4., 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
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
48 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.
(b) If the sexual predator is in the custody or control of,
or under the supervision of, the Department of Corrections,
or is in the custody of a private correctional facility, the
sexual predator must register with the Department of
Corrections. A sexual predator who is under the supervision
of the Department of Corrections but who is not incarcerated
must register with the Department of Corrections within
3 business days after the court finds the offender to be a
sexual predator. The Department of Corrections shall provide
to the department registration information and the location
of, and local telephone number for, any Department of
Corrections office that is responsible for supervising the
sexual predator. In addition, the Department of Corrections
shall notify the department if the sexual predator escapes
or absconds from custody or supervision or if the sexual
predator dies.
(c) If the sexual predator is in the custody of a local
jail, the custodian of the local jail shall register the
sexual predator within 3 business days after intake of the
sexual predator for any reason and upon release, and shall
forward the registration information to the department. The
custodian of the local jail shall also take a digitized
photograph of the sexual predator while the sexual predator
remains in custody and shall provide the digitized
photograph to the department. The custodian shall notify the
department if the sexual predator escapes from custody or
dies.
(d) If the sexual predator is under federal supervision, the
federal agency responsible for supervising the sexual
predator may forward to the department any information
regarding the sexual predator which is consistent with the
information provided by the Department of Corrections under
this section, and may indicate whether use of the
information is restricted to law enforcement purposes only
or may be used by the department for purposes of public
notification.
(e)
1. If the sexual predator is not in the custody or
control of, or under the supervision of, the Department of
Corrections or is not in the custody of a private
correctional facility, the sexual predator shall register in
person:
a. At the sheriff's office in the county where he or she
establishes or maintains a residence within 48 hours after
establishing or maintaining a residence in this state; and
b. At the sheriff's office in the county where he or she was
designated a sexual predator by the court within 48 hours
after such finding is made.
2. Any change in the sexual predator's permanent or
temporary residence, name, or any electronic mail address
and any instant message name required to be provided
pursuant to subparagraph (g)4., after the sexual predator
registers in person at the sheriff's office as provided in
subparagraph 1., shall be accomplished in the manner
provided in paragraphs (g), (i), and (j). When a sexual
predator registers with the sheriff's office, the sheriff
shall take a photograph and a set of fingerprints of the
predator and forward the photographs and fingerprints to the
department, along with the information that the predator is
required to provide pursuant to this section.
(f) Within 48 hours after the registration required under
paragraph (a) or paragraph (e), a sexual predator who is not
incarcerated and who resides in the community, including a
sexual predator under the supervision of the Department of
Corrections, shall register in person at a driver's license
office of the Department of Highway Safety and Motor
Vehicles and shall present proof of registration. At the
driver's license office the sexual predator shall:
1. If otherwise qualified, secure a Florida driver's
license, renew a Florida driver's license, or secure an
identification card. The sexual predator shall identify
himself or herself as a sexual predator who is required to
comply with this section, provide his or her place of
permanent or temporary residence, including a rural route
address and a post office box, and submit to the taking of a
photograph for use in issuing a driver's license, renewed
license, or identification card, and for use by the
department in maintaining current records of sexual
predators. A post office box shall not be provided in lieu
of a physical residential address. 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 of Highway
Safety and Motor Vehicles 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 of Highway
Safety and Motor Vehicles 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. Pay the costs assessed by the Department of Highway
Safety and Motor Vehicles for issuing or renewing a driver's
license or identification card as required by this
section. The driver's license or identification card issued to the
sexual predator must be in compliance with s. 322.141(3).
3. Provide, upon request, any additional information
necessary to confirm the identity of the sexual predator,
including a set of fingerprints.
(g)
1. Each time a sexual predator's driver's license or
identification card is subject to renewal, and, without
regard to the status of the predator's driver's license or
identification card, within 48 hours after any change of the
predator's residence or change in the predator's name by
reason of marriage or other legal process, the predator
shall report in person to a driver's license office and
shall be subject to the requirements specified in
paragraph (f). The Department of Highway Safety and Motor
Vehicles shall forward to the department and to the
Department of Corrections all photographs and information
provided by sexual predators. Notwithstanding the
restrictions set forth in s. 322.142, the Department of
Highway Safety and Motor Vehicles is authorized to release a
reproduction of a color-photograph or digital-image license
to the Department of Law Enforcement for purposes of public
notification of sexual predators as provided in this
section.
2. A sexual predator who vacates a permanent residence and
fails to establish or maintain another permanent or
temporary residence shall, within 48 hours after vacating
the permanent residence, report in person to the sheriff's
office of the county in which he or she is located. The
sexual predator shall specify the date upon which he or she
intends to or did vacate such residence. The sexual predator
must provide or update all of the registration information
required under paragraph (a). The sexual predator must
provide an address for the residence or other location that
he or she is or will be occupying during the time in which
he or she fails to establish or maintain a permanent or
temporary residence.
3. A sexual predator who remains at a permanent residence
after reporting his or her intent to vacate such residence
shall, within 48 hours after the date upon which the
predator indicated he or she would or did vacate such
residence, report in person to the sheriff's office to which
he or she reported pursuant to subparagraph 2. for the
purpose of reporting his or her address at such residence.
When the sheriff receives the report, the sheriff shall
promptly convey the information to the department. An
offender who makes a report as required under
subparagraph 2. but fails to make a report as required under
this subparagraph commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
4. A sexual predator must register any electronic mail
address or instant message name with the department prior to
using such electronic mail address or instant message name
on or after October 1, 2007. The department shall establish
an online system through which sexual predators may securely
access and update all electronic mail address and instant
message name information.
(h)The department must notify the sheriff and the state
attorney of the county and, if applicable, the police chief
of the municipality, where the sexual predator maintains a
residence.
(i) A sexual predator who intends to establish residence in
another state or jurisdiction other than the State of
Florida shall report in person to the sheriff of the county
of current residence within 48 hours before the date he or
she intends to leave this state to establish residence in
another state or jurisdiction. The sexual predator must
provide to the sheriff the address, municipality, county,
and state of intended residence. The sheriff shall promptly
provide to the department the information received from the
sexual predator. The department shall notify the statewide
law enforcement agency, or a comparable agency, in the
intended state or jurisdiction of residence of the sexual
predator's intended residence. The failure of a sexual
predator to provide his or her intended place of residence
is punishable as provided in subsection (10).
(j) A sexual predator who indicates his or her intent to
reside in another state or jurisdiction other than the State
of Florida and later decides to remain in this state shall,
within 48 hours after the date upon which the sexual
predator indicated he or she would leave this state, report
in person to the sheriff to which the sexual predator
reported the intended change of residence, and report his or
her intent to remain in this state. If the sheriff is
notified by the sexual predator that he or she intends to
remain in this state, the sheriff shall promptly report this
information to the department. A sexual predator who reports
his or her intent to reside in another state or
jurisdiction, but who remains in this state without
reporting to the sheriff in the manner required by this
paragraph, commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(k)
1. The department is responsible for the online
maintenance of current information regarding each registered
sexual predator. The department must maintain hotline access
for state, local, and federal law enforcement agencies to
obtain instantaneous locator file and offender
characteristics information on all released registered
sexual predators for purposes of monitoring, tracking, and
prosecution. The photograph and fingerprints do not have to
be stored in a computerized format.
2. The department's sexual predator registration list,
containing the information described in subparagraph (a)1.,
is a public record. The department is authorized to
disseminate this public information by any means deemed
appropriate, including operating a toll-free telephone
number for this purpose. When the department provides
information regarding a registered sexual predator to the
public, department personnel must advise the person making
the inquiry that positive identification of a person
believed to be a sexual predator cannot be established
unless a fingerprint comparison is made, and that it is
illegal to use public information regarding a registered
sexual predator to facilitate the commission of a crime.
3. The department shall adopt guidelines as necessary
regarding the registration of sexual predators and the
dissemination of information regarding sexual predators as
required by this section.
(l) A sexual predator must maintain registration with the
department for the duration of his or her life, unless the
sexual predator has received a full pardon or has had a
conviction set aside in a postconviction proceeding for any
offense that met the criteria for the sexual predator
designation.
(7) COMMUNITY AND PUBLIC NOTIFICATION. —
(a) Law enforcement agencies must inform members of the
community and the public of a sexual predator's presence.
Upon notification of the presence of a sexual predator, the
sheriff of the county or the chief of police of the
municipality where the sexual predator establishes or
maintains a permanent or temporary residence shall notify
members of the community and the public of the presence of
the sexual predator in a manner deemed appropriate by the
sheriff or the chief of police. Within 48 hours after
receiving notification of the presence of a sexual predator,
the sheriff of the county or the chief of police of the
municipality where the sexual predator temporarily or
permanently resides shall notify each licensed day care
center, elementary school, middle school, and high school
within a 1-mile radius of the temporary or permanent
residence of the sexual predator of the presence of the
sexual predator. Information provided to members of the
community and the public regarding a sexual predator must
include:
1. The name of the sexual predator;
2. A description of the sexual predator, including a
photograph;
3. The sexual predator's current address, including the name
of the county or municipality if known;
4. The circumstances of the sexual predator's offense or
offenses; and
5. Whether the victim of the sexual predator's offense or
offenses was, at the time of the offense, a minor or an
adult.This paragraph does not authorize the release of the name of
any victim of the sexual predator.
(b) The sheriff or the police chief may coordinate the
community and public notification efforts with the
department. Statewide notification to the public is
authorized, as deemed appropriate by local law enforcement
personnel and the department.
(c) The department shall notify the public of all designated
sexual predators through the Internet. The Internet notice
shall include the information required by paragraph (a).
(d) The department shall adopt a protocol to assist law
enforcement agencies in their efforts to notify the
community and the public of the presence of sexual
predators.
(8) VERIFICATION. — The department and the Department of
Corrections shall implement a system for verifying the
addresses of sexual predators. The system must be consistent
with the provisions of the federal Adam Walsh Child
Protection and Safety Act of 2006 and any other federal
standards applicable to such verification or required to be
met as a condition for the receipt of federal funds by the
state. The Department of Corrections shall verify the
addresses of sexual predators who are not incarcerated but
who reside in the community under the supervision of the
Department of Corrections and shall report to the department
any failure by a sexual predator to comply with registration
requirements. County and local law enforcement agencies, in
conjunction with the department, shall verify the addresses
of sexual predators who are not under the care, custody,
control, or supervision of the Department of Corrections.
Local law enforcement agencies shall report to the
department any failure by a sexual predator to comply with
registration requirements.
(a) A sexual predator must report in person each year during
the month of the sexual predator's birthday and during every
third month thereafter to the sheriff's office in the county
in which he or she resides or is otherwise located to
reregister. The sheriff's office may determine the
appropriate times and days for reporting by the sexual
predator, which shall be consistent with the reporting
requirements of this paragraph. Reregistration shall include
any changes to the following information:
1. Name; social security number; age; race; sex; date of
birth; height; weight; hair and eye color; address of any
permanent 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; any electronic
mail address and any instant message name required to be
provided pursuant to subparagraph (6)(g)4.; date and place
of any employment; vehicle make, model, color, and license
tag number; fingerprints; and photograph. A post office box
shall not be provided in lieu of a physical residential
address.
2. 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.
3. 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 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 predator's
place of residence is a vessel, live-aboard vessel, or
houseboat, as defined in chapter 327, the sexual predator
shall also provide 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) The sheriff's office shall, within 2 working days,
electronically submit and update all information provided by
the sexual predator to the department in a manner prescribed
by the department.
(9) IMMUNITY. — The department, the Department of Highway
Safety and Motor Vehicles, the Department of Corrections,
the Department of Juvenile Justice, any law enforcement
agency in this state, and the personnel of those
departments; an elected or appointed official, public
employee, or school administrator; or an employee, agency,
or any individual or entity acting at the request or upon
the direction of any law enforcement agency is immune from
civil liability for damages for good faith compliance with
the requirements of this section or for the release of
information under this section, and shall be presumed to
have acted in good faith in compiling, recording, reporting,
or releasing the information. The presumption of good faith
is not overcome if a technical or clerical error is made by
the department, the Department of Highway Safety and Motor
Vehicles, the Department of Corrections, the Department of
Juvenile Justice, the personnel of those departments, or any
individual or entity acting at the request or upon the
direction of any of those departments in compiling or
providing information, or if information is incomplete or
incorrect because a sexual predator fails to report or
falsely reports his or her current place of permanent or
temporary residence.
(10) PENALTIES. —
(a) Except as otherwise specifically provided, a sexual
predator who fails to register; who fails, after
registration, to maintain, acquire, or renew a driver's
license or identification card; who fails to provide
required location information, electronic mail address
information, instant message name information, or
change-of-name information; who fails to make a required
report in connection with vacating a permanent residence;
who fails to reregister as required; who fails to respond to
any address verification correspondence from the department
within 3 weeks of the date of the correspondence; or who
otherwise fails, by act or omission, to comply with the
requirements of this section, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(b) A sexual predator who has been convicted of or found to
have committed, or has pled nolo contendere or guilty to,
regardless of adjudication, any violation, or attempted
violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c),
where the victim is a minor and the defendant is not the
victim's parent or guardian; s. 794.011, excluding
s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04;
s. 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or
s. 985.701(1); or a violation of a similar law of another
jurisdiction when the victim of the offense was a minor, and
who works, whether for compensation or as a volunteer, at
any business, school, day care center, park, playground, or
other place where children regularly congregate, commits a
felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(c) Any person who misuses public records information
relating to a sexual predator, as defined in this section,
or a sexual offender, as defined in s. 943.0435 or
s. 944.607, to secure a payment from such a predator or
offender; who knowingly distributes or publishes false
information relating to such a predator or offender which
the person misrepresents as being public records
information; or who materially alters public records
information with the intent to misrepresent the information,
including documents, summaries of public records information
provided by law enforcement agencies, or public records
information displayed by law enforcement agencies on
websites or provided through other means of communication,
commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(d) A sexual predator who commits any act or omission in
violation of this section may be prosecuted for the act or
omission in the county in which the act or omission was
committed, the county of the last registered address of the
sexual predator, or the county in which the conviction
occurred for the offense or offenses that meet the criteria
for designating a person as a sexual predator. In addition,
a sexual predator may be prosecuted for any such act or
omission in the county in which he or she was designated a
sexual predator.
(e) An arrest on charges of failure to register, the service
of an information or a complaint for a violation of this
section, or an arraignment on charges for a violation of
this section constitutes actual notice of the duty to
register when the predator has b