Legislative Issues
2008
Leo P. Cotter, Ph.D.

Florida Association for the Treatment of Sexual Abusers

This legislative packet, Part A, includes a list of current Florida Statues that define the designation, community notification, supervision and treatment of sexual predators and sexual offenders. Please note the legislative changes that have been implemented in 2007. The most important being the implementation of the Adam Walsh Act.

Part B of this legislative packet includes a brief description of sex offender related bills filed in 2008 legislative session. Bills were linked between the House and Senate when there was similar language and intent. The first two bills listed in section B were the only significant legislation to get enrolled this session. Please contact me at LeoCotter@aol.com if you have any questions.
 

PART A

FS 943 - Department of Law Enforcement

Statutes & Constitution:->2007->Chapter 943

• Directs Florida Department of Law Enforcement to provide information on sexual predators and sex offenders on the Internet and through a toll free telephone number.
  (FS 943.043) 
   

• Defines requirements for sexual predators and sex offenders to register. (FS 943.0435)
   

• Requirement of state and government agencies to search registration information before making a decision to employ a person to work at a place where children regularly congregate. (FS 943.04351)
   

• Requires misdemeanor probation staff to conduct a search of the probationer’s identification information against the Florida Department of Law Enforcement registration information. (FS 943.04352)
   

• Requires the Office of Program Policy Analysis and Government Accountability (OPPAGA) to conduct ongoing studies of Florida’s registration process and community notification provisions. (FS 943.04353)
   

• Describe the duty of the Court to uphold laws governing sexual predators and sexual offenders. (FS 943.0436)

FS 947.1405(7) - Parole Conditional Release Program

Statutes & Constitution :->2007->Ch0947->Section 1405

• Conditions imposed for any inmate convicted of specified sex offenses committed on or after 10/1/95.
  * Same conditions as 948.30 except the addition of school bus stop restriction
   

• Includes a residence restriction of 1,000 feet from a public school bus stop.

FS 948.30 - Conditions of Supervision for Sexual Predators and Sex Offenders on Community Control or Probation.

Statutes & Constitution :->2007->Ch0948->Section 30

• Conditions for offenses committed on or before 10/1/95. FS 943.30 (1)

     a.  curfew

     b.  1,000 foot residence restriction

     c.  sex offender treatment

d.  prohibition on contact with victim

e.  prohibition on contact with a child

* Now require approval by the Court or Parole Commission of supervised contact contingent upon the offender being enrolled in or successfully complete sex offender treatment and a recommendation by a qualified practitioner. Further, the supervising authority must review a written risk assessment completed by a qualified practitioner, a written consent signed by the child’s non-offending parent or legal guardian and a written safety plan.

f.   prohibition on working at any place where children
     regularly congregate.
    
         * Now include pet stores, libraries, zoos, theme parks, and malls.

g.  prohibition on viewing or owning obscene pornographic 
     or sexually stimulating material.

h.  new conditions effective for offenders whose crime was
    committed on or after 7/1/05. Prohibits use of Internet
    or other computer services until a safety plan is
    approved.

i.  submission of blood for DNA data bank

j.  restrictions to contact with victim

k.  submission to warrantless search

• Additional conditions for offenses committed on or after 10/1/97.

a.  polygraph examination

b.  driving log

c.  prohibits post office box

d.  HIV test

e.  electronic monitoring-when deemed necessary

• Additional conditions for offenses committed on or after 9/1/05.

The court must order mandatory electronic monitoring for an offender who is:

a.  is placed on supervision for a specified sex offense and the offense involved a victim 15 years of age or younger and the offender is 18 years of age or older, or,

b.  the offender is designated a sexual predator, or,

c.  the offender has previously been convicted of a specified sex offense and the offense involved a victim 15 years of age or younger and the offender is 18 years old or older.

FS 775.21 - Florida Sexual Predator Act

Statutes & Constitution:->2007->Ch0775->Section 21:

• Sexual predator defined as a person convicted of an offense committed on or after 10/1/93 where the victim is a minor and the offender is not the victims parent

   and:

            the sex offense is a specified capitol, life, or
            first-degree felony

   or:

the sex offense is a specified lessor offense and the offender has previously been convicted of a prior specified sex offense  ( FS 775.21(4) ).

• describes offenders responsibilities for registration
  ( FS 775.21(6) and ( FS 775.21(8) ).
   

• describes law enforcements responsibilities for community notification ( FS 775.21(7) ).
   

• establishes criminal penalties for any person who assists a sexual predator in eluding law enforcement ( FS 775.21 (g) ) .

Registration Laws for Sexual Predators and Adult and Juvenile Sex Offenders in Florida.

n   In June 2007 Governor Crist signed legislation that put Florida in compliance with the Adam Walsch Act.

n   This legislation modified the sexual predator requirements (FS 775.21) and the sex offender requirements (943.0435).

n   This legislation created the juvenile sex offender requirements (985.475).

n   ReRegistration requirements apply to both sexual predators and sexual offenders who have been released from sanctions for their qualifying sex offense, as well as those currently under some form of supervision with the Department of Corrections, Department of Juvenile Justice, or those under federal supervision.

n   A sexual predator or juvenile sexual offender adjudicated delinquent must report in person to the Sheriff's Office in the county in which he/she resides or is otherwise located to ReRegister FOUR times per year- once during the month of his/her birth month and every 3rd month thereafter.

n   A sexual offender that has not been adjudicated delinquent, as specified above, must report to the Sheriff's Office to ReRegister either TWO or FOUR times per year, depending upon the offense of conviction requiring registration.

n   Beginning October 1, 2007: Failure of a sexual predator or sexual offender (including a juvenile sexual offender), to report any e-mail address or instant message name during registration or ReRegistration, prior to its use, and provide all updates through the online system provided by the Florida Department of Law Enforcement, is a felony of the 3rd degree.

FS 943.0435(1) (d) - Definition of Juvenile Sex Offenders in Florida

Statutes & Constitution:->2007->Ch0943->Section 0435  

 On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of age or older at the time of the offense :

n   1. Sexual Battery, Section 794.011, excluding s. 794.011(10)  or

n   2. Lewd or Lascivious,  Section 800.04(4)(b) where the victim is under 12 years of age or where the court finds sexual activity by the use of force or coercion  or

n   3. Lewd or Lascivious, Section 800.04(5) (c) 1. where the court finds molestation involving unclothed genitals   or

n   4. Lewd or Lascivious, Section 800.04(5) (d) where the court finds the use of force or coercion and unclothed genitals.

click here for PART B