HB 1055 — Law Enforcement Activities

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hb1055-00hb1055-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1055 2020 943.0435(b) SexualProvide offendershis requiredor toher registername; with the department;

penalty.— (2) Upon initial registration, a sexual offender shall:

(b) Provide his or her name;

The sexual offender shall also Pageprovide 13information ofabout 20any CODING:professional licenses he or she has.

1.

If the sexual offender's place of residence is a motor Page 13 of 18 CODING:

hb1055-00hb1055-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1055 2020 vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide informationto aboutthe anydepartment professionalthrough licensesthe hesheriff's oroffice shewritten has.notice of the vehicle identification number;

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 sheriff, the Department of Corrections, or the Department of Juvenile Justice shall promptly notify each institution of higher education of the sexual offender's presence and any Pagechange 14in ofthe 20sexual CODING:offender's enrollment, volunteer, or employment status.

3.

A sexual offender shall report to the department Page 14 of 18 CODING:

hb1055-00hb1055-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1055 2020 changethrough the department's online system or in person to the sexualsheriff's offender'soffice enrollment,within volunteer,48 orhours employmentafter status.any change in vehicles owned to report those vehicle information changes.

3.

A sexual offender shall report to the department through the department's online system or in person to the sheriff's office within 48 hours after any change in vehicles owned to report those vehicle information changes.

A sexual offender shall register all changes in vehicles owned, all electronic mail addresses and Internet identifiers, and each Internet identifier's corresponding website homepage or application software name, with the department through the department's online system or in person at the sheriff's office within 48 hours after using such electronic mail addresses and Internet identifiers.

If the sexual offender is in the custody or control, or under the supervision, of the Department of Corrections, he or she must report all electronic mail addresses and Internet identifiers, Pageand 15each Internet identifier's corresponding website homepage or application software name, to the Department of 20Corrections CODING:before using such electronic mail addresses or Internet identifiers.

If the sexual offender is in Page 15 of 18 CODING:

hb1055-00hb1055-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1055 2020 the custody or control, or under the supervision, of the Department of Juvenile Justice, he or she must report all electronic mail addresses and Internet identifiers, and each Internet identifier's corresponding website homepage or application software name, to the Department of CorrectionsJuvenile Justice before using such electronic mail addresses or Internet identifiers.

If the sexual offender is in the custody or control, or under the supervision, of the Department of Juvenile Justice, he or she must report all electronic mail addresses and Internet identifiers, and each Internet identifier's corresponding website homepage or application software name, to the Department of Juvenile Justice before using such electronic mail addresses or Internet identifiers.

A sexual offender shall register all changes in vehicles owned, all changes to home telephone numbers and cellular telephone numbers, including added and deleted numbers, all changes to employment information, and all changes in status related to enrollment, volunteering, or employment at institutions of higher education, through the department's online system;

The department shall establish an online system through Pagewhich 16sexual ofoffenders 20may CODING:securely access, submit, and update all changes in status to vehicles owned;

electronic mail addresses;

Internet identifiers and each Internet identifier's Page 16 of 18 CODING:

hb1055-00hb1055-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1055 2020 whichcorresponding sexualwebsite offendershomepage mayor securelyapplication access,software submit,name; and update all changes in status to vehicles owned;

electronic mail addresses;

Internet identifiers and each Internet identifier's corresponding website homepage or application software name;

For international travel, the sexual offender shall also provide travel information, including, but not limited to, Pageexpected 17departure and return dates, flight numbers number, airports airport of 20departure CODING:and return, cruise ports port of departure and return, or any other means of intended travel.

The Page 17 of 18 CODING:

hb1055-00hb1055-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1055 2020 expectedsheriff departureshall andpromptly returnprovide dates,to flightthe numbersdepartment number,the airportsinformation airportreceived offrom departurethe andsexual return,offender. cruise ports port of departure and return, or any other means of intended travel.

The sheriff shall promptly provide to the department the information received from the sexual offender.

(11) Except as provided in s.

943.04354, a sexual offender shall maintain registration with the department for the duration of his or her life unless the sexual offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration.

However, a sexual offender shall be considered for removal of the requirement to register as a sexual offender only if the person:

(b) Maintains As defined in sub-subparagraph (1)(h)1.b.

must maintain registration with the department as described in sub-subparagraph (1)(h)1.b.

for the duration of his or her life until the person provides the department with an order issued by the court that designated the person as a sexual predator or, as Page 18 of 20 CODING:

Words stricken are deletions;

words underlined are additions.

hb1055-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1055 2020 a sexually violent predator, or any other 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 that such person no longer meets the criteria for registration as a sexual offender under the laws of this state.

(c)1.

Is required to register as a sexual offender solely under the requirements of sub-subparagraph (1)(h)1.b.

and files a petition in the circuit court in the jurisdiction in which the person resides or, for a person who no longer resides in this state, the court in the jurisdiction in which the person last resided in this state.

The petition must assert that his or her designation as a sexual predator or sexually violent predator or any other sexual offender designation in the state or jurisdiction in which the designation was made is confidential from public disclosure or that such designation, if not imposed by a court, is considered confidential from public disclosure by operation of law or court order in the state or jurisdiction in which the designation was made, provided that such person does not meet the criteria for registration as a sexual offender under the laws of this state.

2.

If the person meets the criteria in subparagraph 1., Page 19 of 20 CODING:

Words stricken are deletions;

words underlined are additions.

hb1055-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1055 2020 the court may grant the petition and remove the requirement to register as a sexual offender.

3.

A petition under this paragraph must document the person's conviction and include a copy of the order issued by the court in the state or jurisdiction which made the designation confidential from public disclosure.

If such relief was not granted by court order, the person must demonstrate to the court that the designation has been made confidential by operation of law in the state or jurisdiction in which the designation was made.

The state attorney and the department must be given notice at least 21 days before the date of the hearing on the petition and may present evidence in opposition to the requested relief or may otherwise demonstrate why it should be denied.

4.

If a person provides to the department a certified copy of the circuit court's order granting the person removal of the requirement to register as a sexual offender, the registration requirement does not apply to the person and the department must remove all information about the person from the public registry of sexual offenders and sexual predators maintained by the department.

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