Clarification Regarding New Laws In Effect for October 1, 2016

Below is the summary provided from the Department of Corrections.

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Two bills (HB 1333 and HB 545) passed in the 2016 Legislative Session affecting sexual offender/ predator registration processes in Florida. The changes are notated below and take effect on 10/1/16.

1. “Change in status at an institution of higher education” means the commencement or termination of enrollment, including, but not limited to, traditional classroom settings or online courses, or employment, whether for compensation or as a volunteer, at an institution of higher education or a change in location of enrollment or employment, whether for compensation or as a volunteer, at an institution of higher education.

2.  “Changes in definition of Internet identifiers” There were changes to the definition of “Internet identifier” in the 2016 Legislation that expanded the required identifiers, however **On 9/27/16, an injunction was filed and granted in Federal Court halting the collection and reporting of the additional information to FDLE; so until further notice, FDLE will be operating under the current (2014) definition of “Internet identifiers” as it relates to sexual offender/predator registration.  Further direction will be provided by this office as this issue makes its way through the court process.**

Many offenders have received notice about the additional requirements from FDLE. Staff may inform offenders that the injunction means that they are only required to provide the information they were currently providing until further notice. NOTE: Please be reminded that for any offender who has a “no computer or internet access condition” should be instructed to not use FDLE’s on-line reporting system for internet identifiers while on supervision.

3. “Professional license” means the document of authorization or certification issued by an agency of this state for a regulatory purpose, or by any similar agency in another jurisdiction for a regulatory purpose, to a person to engage in an occupation or to carry out a trade or business.

Employment Information must be reported within 48 hours of any change (previously only required to be reported at reregistration).

4. International Travel {s. 775.21(6)(i), F.S. and s. 943.0435(7), F.S.}
• Registrants who intend to travel outside of the United States for 5 or more days MUST report in person to the sheriff’s office at least 21 days prior to the date he or she intends to travel outside of the U.S.
• Any travel that is not known by a registrant 21 days before the departure date must be reported in person to the sheriff’s office as soon as possible BEFORE departure.
• For international travel the registrant must also provide itinerary information, including, but not limited to:
•    Expected departure and return dates,
•    Flight number,
•    Airport of departure or Cruise Port of departure, and/or
•    Any other means of intended travel.

Phone numbers, including home and cellular, must be reported within 48 hours of any change (previously only required to be reported at reregistration).
• If the registrant is under the supervision of the Department of Corrections, the registrant MUST report the information to his or her probation officer; OR
• If not under DOC supervision, the registrant must report the information online through the Cyber Communication System or in-person at the sheriff’s office.

5. DHSMV letter for Driver License/ID card issues
• Clarifying language was added to s. 775.21(6)(g) and s. 943.0435(4)(a), F.S:
“The reporting requirements under this paragraph do not negate the requirement for a sexual offender to obtain a Florida driver license or an identification card as required in this section.”

6. Qualifying Offense Changes: (HB 1333 and HB 545– effective October 1, 2016)
•    Racketeering and Illegal Debts, s. 895.03, F.S.
o    This is a new qualifying offense, but ONLY qualifies for sexual offender or predator registration if the court makes a written finding that the racketeering activity involved at least one sexual offense.

•    Lewd or Lascivious Battery on an Elderly or Disabled Person, s. 825.1025(2)(a), F.S.
o    This is a current biannual qualifying offense.
o    As of October 1, 2016, the offense will require lifetime, quarterly registration.

•    Kidnapping, s. 787.01, F.S.; False Imprisonment, s. 787.02, F.S.; Luring and Enticing, s. 787.025(2)(c), F.S.
o    These offenses currently require registration where there is sexual intent/motive, the victim is a minor, and the defendant is not the victim’s parent or guardian.
o    As of October 1, 2016, the offenses will require registration where there is sexual intent/motive and the victim is a minor regardless of whether or not the defendant is the victim’s parent or guardian.

7. Relief From Registration: (HB 1333 – effective October 1, 2016)
“Romeo and Juliet” Registration Relief {s. 943.04354, F.S.}
•    Language was added to clarify that the requirement to “not conflict with federal law” means that   the sexual act was consensual, notwithstanding the age of the victim. All other criteria in statute still apply.

Registrants with out-of-state convictions may petition a Florida court for registration relief {s. 943.0435(11) and s. 943.04354, F.S.}
•    If the sexual offender meets the relief criteria specified in statute, the sexual offender may, for the purpose of removing the requirement for registration as a sexual offender, petition the criminal division of the circuit court of the circuit:
1. Where the conviction or adjudication occurred, for a conviction in this state;
2. Where the sexual offender resides, for a conviction of a violation of similar law of another jurisdiction; or
3. Where the sexual offender last resided, for a sexual offender with a conviction of a violation of similar law of another jurisdiction who no longer resides in this state.