Florida ATSA

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

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.

The Florida Board of Psychology (490) has repealed
the definition of the "Qualified Practitioner".
(see exert below)

As noted from the 490 Board's minutes dated 10-26-07

RULE REVIEW AND/OR DEVELOPMENT (continued) http://www.doh.state.fl.us/mqa/psychology/min_10-26-07.pdf
Tab 16
Rule 64B19-18.001, F.A.C., Qualifications to Evaluate and Treat Sex Offenders as a Qualified Practitioner re: Florida Psychological Association�s Position on the Impact of SB 1604 (2007), Sexual Offenders

SB 1604 (2007) amended the definition of "Qualified Practitioner" in s. 947.005, F.S., deleting the terminology requiring designated practitioners to provide services under their respective practice acts "as determined by rule of the respective boards".

During the September 2007 Board Quorum conference call, the Board reviewed FPA�s position statement regarding the impact of this legislation on Board Rule 64B19-18.001, F.A.C. The rule specifies criteria for psychologists to designate themselves as "Qualified Practitioners" for the purpose of evaluating and treating sex offenders. The matter was tabled for further discussion at the next meeting of the Board.

During the October meeting, Dr. Reiff addressed the Board on behalf of the FPA. It was suggested that Rule 64B19-18.001, F.A.C., and section 5 of Rule 64B19-13.003, F.A.C., be repealed due to changes in the underlying statute. Rule 64B19-13.003(5), F.A.C., specifies continuing education credits for qualified practitioners.

Following discussion, Dr. Richard Hoffman moved to repeal Rule 64B19-18.001, F.A.C., and section 5 of Rule 64B19-13.003, F.A.C. Dr. Herbert Goldstein seconded the motion, which carried 5/0. Ms. Clark will take the necessary actions to repeal each rule.

Dr. Ana Rivas-Vasquez, Co-Chair of the FPA�s LAPPB, was present and indicated that the FPA would publish an article listing the former requirements of these rules as suggested practice guidelines for affected psychologists.

LEGISLATIVE UPDATE
During the 2007 Legislative session there were four bills that have immediate and direct impact on the clients we treat. Here is a summary of important legislative changes extracted from the 2007 Legislative Summary Reports.

This 63 page bill extensively amends the state predator and sex offender laws to comply with the Federal �Adam Walsh Child Protection Safety Act of 2006�. This legislation requires sexual predators and certain sex offenders to report in person at the Sheriff�s Office every three months rather than every six months. This legislation amends provisions in Florida Statute 943.0435 regarding the definition of �sex offender� and adds juveniles, who have been adjudicated delinquent for one or more of a specified list of offenses, to those who are considered to be sexual offenders. Florida Statue 985.481 creates notification duties for the Department of Juvenile Justice upon the release of adjudicated delinquents who are classified as sexual offenders. After receiving information about a sexual offender from Department of Juvenile Justice, the Sheriff, Chief of Police and The Florida Department of Law Enforcement must provide specified information to any requesting person in a manner considered appropriate, unless the information is confidential or exempt under the State law or Constitution. This bill creates Florida Statue 943.04354 that provides under certain circumstances for the removal of the requirements of sexual offender / sexual predator registration. This provision to get off the sex offender registry is focused on individuals that were not more than four years older than the victim and the victim was 14 years of age or older but not more than 17 years of age at the time of the offense. This legislation creates Florida Statue 943.44353 which requires Florida Department of Law Enforcement by January 1, 2008 to develop and maintain a system to provide automatic notification to the public of registration material regarding sexual predators and sexual offenders.

This 39 page bill enhances penalties for possession of certain types of child pornography or using the Internet to influence a child to commit sexual acts. New felony offenses are created for misrepresenting age in the course of committing an offense under Florida Statue 847 and for traveling to meet a minor to engage in unlawful sexual contact. As of 10/1/07 sexual predators and sexual offenders will be required to register any email addresses and instant message names with Florida Department of Law Enforcement prior to use and to update any changes. Florida Department of Law Enforcement must establish a method for online registration and is authorized to provide the information to social networking sites. The effective date for this legislation is 10/1/07.

This 17 page bill revises parts of the Jessica Lunsford Act to require that sexual predators and sexual offenders obtain a drivers license or identification card with distinctive markings displayed on the front. This bill has an effective date of 8/1/07.

This legislation states a violent felony offender who is alleged to have violated felony probation or community control other than failure to pay cost, fines or restitution, cannot be released from jail until the court has held the hearing to determine whether supervision was violated. If supervision was violated, the court must determine and enter a written finding as to whether the violent felony offender of special concern is a danger to the community. The court must also determine whether to revoke or continue the probation or community control. If it is determined that the violator is a danger to the community the court must revoke probation or community control and sentence the offender according to the criminal punishment code up to the statutory maximum. The provisions of this legislation were approved by the Governor and took effect 3/12/07.