Florida Criminal Law: Classes and Definitions of Offenses FSS 775
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Questions and Answers

What is the term for a criminal offense punishable by death or imprisonment in a state penitentiary?

  • Noncriminal violation
  • Misdemeanor
  • Crime
  • Felony (correct)

    • What type of facility is a person imprisoned in for a sentence exceeding 1 year?

  • State penitentiary (correct)
  • Local jail
  • Federal prison
  • County correctional facility

    • What is the term for a criminal offense punishable by a term of imprisonment in a county correctional facility not exceeding 1 year?

  • Crime
  • Felony
  • Misdemeanor (correct)
  • Noncriminal violation

    • What type of offense does not constitute a crime and is punishable only by a fine, forfeiture, or other civil penalty?

    <p>Noncriminal violation</p> Signup and view all the answers

    What is the term that includes both felonies and misdemeanors?

    <p>Crime</p> Signup and view all the answers

    What is not considered a legal disability based on a criminal offense?

    <p>Conviction for a noncriminal violation</p> Signup and view all the answers

    What is excluded from the definition of a misdemeanor?

    <p>Conviction for a noncriminal traffic violation</p> Signup and view all the answers

    What does the term 'noncriminal violation' not mean?

    <p>A conviction for any violation of any municipal or county ordinance</p> Signup and view all the answers

    What is the time limit for commencing a prosecution for a felony of the first degree?

    <p>4 years</p> Signup and view all the answers

    When does the time start to run for an offense?

    <p>The day after the offense is committed</p> Signup and view all the answers

    What happens to capital felonies if the death penalty is held to be unconstitutional?

    <p>They become life felonies</p> Signup and view all the answers

    How is a prosecution commenced when the defendant has previously been arrested or served with a summons?

    <p>By the filing of an indictment, information, or other charging document</p> Signup and view all the answers

    What is the time limit for commencing a prosecution for a misdemeanor of the second degree?

    <p>1 year</p> Signup and view all the answers

    When is an offense considered committed if a legislative purpose to prohibit a continuing course of conduct plainly appears?

    <p>At the time when the course of conduct or the defendant's complicity therein is terminated</p> Signup and view all the answers

    How is a prosecution on a charge commenced when the defendant has not previously been arrested or served with a summons?

    <p>When an indictment or information is filed, and the capias, summons, or other process is executed without unreasonable delay</p> Signup and view all the answers

    What is the time limit for commencing a prosecution for a capital felony?

    <p>No time limit</p> Signup and view all the answers

    What is considered in determining what is reasonable in criminal proceedings?

    <p>The inability to locate the defendant after diligent search or the defendant's absence from the state</p> Signup and view all the answers

    What happens if an indictment or information is filed within the time period prescribed and is then dismissed or set aside?

    <p>The period for commencing prosecution is extended 3 months</p> Signup and view all the answers

    How long does the period of limitation not run during?

    <p>Any time when the defendant is continuously absent from the state</p> Signup and view all the answers

    What is an exception to the period of limitation?

    <p>A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony</p> Signup and view all the answers

    How long can a prosecution for a felony violation of chapter 517 or s. 409.920 be commenced after the violation is committed?

    <p>5 years</p> Signup and view all the answers

    What is the time limit for commencing a prosecution for a felony violation of s. 825.102 or s. 825.103?

    <p>5 years</p> Signup and view all the answers

    If the period prescribed has expired, can a prosecution still be commenced?

    <p>Yes, but only for certain offenses</p> Signup and view all the answers

    What is the time limit for commencing a prosecution for an offense based on misconduct in office by a public officer or employee?

    <p>2 years</p> Signup and view all the answers

    If the victim of a violation is under the age of 18, when does the applicable period of limitation begin to run?

    <p>When the violation is reported to a law enforcement agency or other governmental agency</p> Signup and view all the answers

    What is an exception to the rule that the period of limitation begins to run when the victim turns 18?

    <p>If the offense is a first or second degree felony violation of s. 794.011</p> Signup and view all the answers

    Under which circumstance can a prosecution for a violation of s. 800.04 be commenced at any time?

    <p>If the victim was under 16 years of age at the time the offense was committed</p> Signup and view all the answers

    What is the condition for a prosecution of s. 794.011 to be commenced at any time?

    <p>If the victim was younger than 18 years of age at the time the offense was committed</p> Signup and view all the answers

    Which of the following offenses can be prosecuted at any time, regardless of when they were committed?

    <p>All of the above</p> Signup and view all the answers

    What is the condition for a prosecution of s. 827.071(2) or (3) to be commenced at any time?

    <p>If the offender was 18 years of age or older at the time of the offense</p> Signup and view all the answers

    Before which date must a prosecution of certain offenses under s. 800.04 have been commenced, otherwise it is barred?

    <p>October 1, 2014</p> Signup and view all the answers

    Before which date must a prosecution of certain offenses under s. 827.071 have been commenced, otherwise it is barred?

    <p>July 1, 2022</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for a first degree felony violation of s. 794.011 if the victim was under 18 years of age at the time the offense was committed?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for a first or second degree felony violation of s. 794.011 if the victim is 16 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours after commission of the offense?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for an offense of sexual battery under chapter 794 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for video voyeurism in violation of s. 810.145?

    <p>Within 1 year after the date on which the victim of video voyeurism obtains actual knowledge of the existence of such a recording</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for a lewd or lascivious offense under s. 800.04 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for a first or second degree felony violation of s. 794.011 if the victim is 16 years of age or older at the time of the offense?

    <p>Within 8 years after the violation is committed</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for an offense of aggravated battery under chapter 784 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for kidnapping under s. 787.01 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for a burglary offense under s. 810.02 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for carjacking under s. 812.133 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What happens to the period of limitation if the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court?

    <p>All crimes designated as capital felonies are considered life felonies and prosecution may be commenced at any time</p> Signup and view all the answers

    When is a prosecution for a felony of the first degree considered commenced?

    <p>When an indictment is filed within 4 years after the offense is committed</p> Signup and view all the answers

    What determines when an offense is committed if a legislative purpose to prohibit a continuing course of conduct plainly appears?

    <p>When the course of conduct or the defendant's complicity therein is terminated</p> Signup and view all the answers

    What is the time limitation for commencing a prosecution for a misdemeanor of the first degree?

    <p>2 years after it is committed</p> Signup and view all the answers

    How is a prosecution commenced when the defendant has not previously been arrested or served with a summons?

    <p>By filing an indictment or information, and the capias, summons, or other process is executed without unreasonable delay</p> Signup and view all the answers

    What is the time limitation for commencing a prosecution for a felony that resulted in a death?

    <p>There is no time limitation</p> Signup and view all the answers

    When does the time start to run for an offense?

    <p>The day after the offense is committed</p> Signup and view all the answers

    What happens if a prosecution is commenced within the time period prescribed and is then dismissed or set aside?

    <p>The prosecution can be recommenced at any time</p> Signup and view all the answers

    Under which circumstances can a prosecution for a violation of s. 800.04 be commenced at any time?

    <p>The victim is under 16 years of age at the time of the offense and the offender is not more than 4 years older</p> Signup and view all the answers

    What is the exception to the rule that the period of limitation begins to run when the victim turns 18?

    <p>If the victim is younger than 18 years of age at the time the offense was committed</p> Signup and view all the answers

    Which of the following offenses can be prosecuted at any time, regardless of when they were committed?

    <p>s. 794.011 and s. 827.071(2) or (3)</p> Signup and view all the answers

    What is the condition for a prosecution of s. 827.071(2) or (3) to be commenced at any time?

    <p>The offender is 18 years of age or older at the time of the offense</p> Signup and view all the answers

    Before which date must a prosecution of certain offenses under s. 800.04 have been commenced, otherwise it is barred?

    <p>October 1, 2014</p> Signup and view all the answers

    Before which date must a prosecution of certain offenses under s. 827.071 have been commenced, otherwise it is barred?

    <p>July 1, 2022</p> Signup and view all the answers

    What is the condition for a prosecution of a first degree felony violation of s. 794.011 to be commenced at any time?

    <p>The victim was under 18 years of age at the time the offense was committed</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for a first or second degree felony violation of s. 794.011 if the victim is 16 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours after commission of the offense?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for an offense of sexual battery under chapter 794 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for video voyeurism in violation of s. 810.145?

    <p>Within 1 year after the date on which the victim of video voyeurism obtains actual knowledge of the existence of such a recording</p> Signup and view all the answers

    What is the condition for a prosecution of a first or second degree felony violation of s. 794.011 to be commenced at any time if the victim is 16 years of age or older at the time of the offense?

    <p>The offense is reported to a law enforcement agency within 72 hours after commission of the offense</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for a lewd or lascivious offense under s. 800.04 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for an offense of aggravated battery under chapter 784 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for kidnapping under s. 787.01 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for a burglary offense under s. 810.02 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is the time frame for commencing a prosecution for carjacking under s. 812.133 if the identity of the accused is established through DNA evidence?

    <p>At any time</p> Signup and view all the answers

    What is considered in determining what is reasonable in criminal proceedings?

    <p>Inability to locate the defendant after diligent search or the defendant's absence from the state</p> Signup and view all the answers

    What happens if an indictment or information is filed within the time period prescribed and is then dismissed or set aside?

    <p>The period for commencing prosecution is extended 3 months from the time the indictment or information is dismissed or set aside</p> Signup and view all the answers

    How long does the period of limitation not run during?

    <p>Any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state</p> Signup and view all the answers

    What is an exception to the period of limitation?

    <p>A prosecution for a felony that resulted in injury to any person</p> Signup and view all the answers

    If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, can a prosecution still be commenced?

    <p>Yes, for any offense, if the material element of the offense is fraud or a breach of fiduciary obligation</p> Signup and view all the answers

    What is the time limit for commencing a prosecution for a felony violation of chapter 517 or s. 409.920?

    <p>5 years after the violation is committed</p> Signup and view all the answers

    What is the time limit for commencing a prosecution for a felony violation of s. 825.102 or s. 825.103?

    <p>5 years after the violation is committed</p> Signup and view all the answers

    If the victim of a violation is under the age of 18, when does the applicable period of limitation begin to run?

    <p>When the victim reaches the age of 18</p> Signup and view all the answers

    What is an exception to the rule that the period of limitation begins to run when the victim turns 18?

    <p>If the victim reports the violation to a law enforcement agency within 72 hours after its commission</p> Signup and view all the answers

    Which of the following offenses can be prosecuted at any time, regardless of when they were committed?

    <p>Perjury in an official proceeding that relates to the prosecution of a capital felony</p> Signup and view all the answers

    What does 'entering the county' include?

    <p>Being discharged from a correctional facility or jail or secure treatment facility within the county</p> Signup and view all the answers

    What is an 'institution of higher education'?

    <p>A career center, a community college, a college, a state university, or an independent postsecondary institution</p> Signup and view all the answers

    What is an 'Internet identifier'?

    <p>Any designation, moniker, screen name, username, or other name used for self-identification to send or receive social Internet communication</p> Signup and view all the answers

    What is a 'permanent residence'?

    <p>A place where the person abides, lodges, or resides for 3 or more consecutive days</p> Signup and view all the answers

    What is a 'professional license'?

    <p>A document of authorization or certification issued by an agency of this state for a regulatory purpose</p> Signup and view all the answers

    What is meant by 'Change in status at an institution of higher education' under the Florida Sexual Predators Act?

    <p>A change in employment or enrollment at an institution of higher education, including online courses</p> Signup and view all the answers

    What is 'social Internet communication'?

    <p>Any communication through a commercial social networking website</p> Signup and view all the answers

    Under the Florida Sexual Predators Act, what is the term for a conviction by a federal or military tribunal?

    <p>Conviction</p> Signup and view all the answers

    Who presents an extreme threat to public safety?

    <p>All of the above</p> Signup and view all the answers

    What is the primary goal of the state's strategy to address sexual predators?

    <p>To protect the public from sexual predators</p> Signup and view all the answers

    What does the term 'Community' refer to under the Florida Sexual Predators Act?

    <p>A county where the sexual predator lives or establishes a residence</p> Signup and view all the answers

    What is a 'temporary residence'?

    <p>A place where the person abides, lodges, or resides, including vacation, business, or personal travel destinations, for a period of 3 or more days in the aggregate during any calendar year</p> Signup and view all the answers

    What is required of sexual predators supervised in the community?

    <p>Special conditions of supervision</p> Signup and view all the answers

    Under the Florida Sexual Predators Act, what is the meaning of 'Child care facility'?

    <p>A facility that provides care for children, as defined in s. 402.302</p> Signup and view all the answers

    What is a 'transient residence'?

    <p>A place where the person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year</p> Signup and view all the answers

    What does 'vehicles owned' include?

    <p>Any motor vehicle registered, coregistered, leased, titled, or rented by a sexual predator or sexual offender</p> Signup and view all the answers

    Who is the 'Chief of police' under the Florida Sexual Predators Act?

    <p>The chief law enforcement officer of a municipality</p> Signup and view all the answers

    Why is community and public notification of sexual predators necessary?

    <p>To protect children from predatory sexual activity</p> Signup and view all the answers

    What is the term for a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere?

    <p>Conviction</p> Signup and view all the answers

    What is excluded from the definition of 'Internet identifier'?

    <p>A person's date of birth, social security number, or personal identification number (PIN)</p> Signup and view all the answers

    What is the designation of a person as a sexual predator considered?

    <p>A status resulting from the conviction of certain crimes</p> Signup and view all the answers

    What is the purpose of requiring sexual predators to register with the department?

    <p>To protect the public from sexual predators</p> Signup and view all the answers

    Under the Florida Sexual Predators Act, what is the meaning of 'Department'?

    <p>The Department of Law Enforcement</p> Signup and view all the answers

    What is the term for an 'electronic mail address' under the Florida Sexual Predators Act?

    <p>An email address as defined in s. 668.602</p> Signup and view all the answers

    Who is subject to specified terms and conditions implemented at sentencing or at the time of release from incarceration?

    <p>Sexual predators</p> Signup and view all the answers

    What is a requirement for sexual predators who are financially able?

    <p>They must pay all or part of the costs of supervision</p> Signup and view all the answers

    Why is it necessary to prohibit sexual predators from working with children?

    <p>To protect children from predatory sexual activity</p> Signup and view all the answers

    What is the state's interest in protecting the public from sexual predators?

    <p>To protect the public from sexual predators</p> Signup and view all the answers

    What is required for an offender to be designated as a sexual predator?

    <p>A prior conviction of a felony and a written finding that the offender was a sexual predator</p> Signup and view all the answers

    What is the significance of a written finding in the designation of a sexual predator?

    <p>It is necessary to establish that the offender meets the criteria for designation as a sexual predator</p> Signup and view all the answers

    What happens if an offender has been administratively registered as a sexual predator?

    <p>The department notifies the state attorney who prosecuted the offense</p> Signup and view all the answers

    What is the consequence if the court does not make a written finding that the offender is a sexual predator?

    <p>The offender is not designated as a sexual predator and is not required to register or be registered as a sexual predator with the department</p> Signup and view all the answers

    What is required for an offender to be counted as a prior felony for purposes of this subsection?

    <p>A conviction of a felony or similar law of another jurisdiction that resulted in a conviction sentenced separately</p> Signup and view all the answers

    What happens if the court makes a written finding that the offender is a sexual predator?

    <p>The offender is designated as a sexual predator and must register or be registered as a sexual predator with the department</p> Signup and view all the answers

    What is the consequence if the offender has previously been convicted of or found to have committed certain violations?

    <p>The offender is required to register or be registered as a sexual predator with the department</p> Signup and view all the answers

    What is the significance of the department's list of sexual predators?

    <p>It is used to keep track of all offenders who have been designated as sexual predators</p> Signup and view all the answers

    What is the consequence if an offender has not received a pardon for any felony or similar law of another jurisdiction?

    <p>The offender is required to register or be registered as a sexual predator with the department</p> Signup and view all the answers

    What is the significance of a conviction of a felony or similar law of another jurisdiction?

    <p>It is necessary for the designation of a sexual predator</p> Signup and view all the answers

    Under what circumstances is an offender designated as a sexual predator?

    <p>If the offender has been determined to be a sexually violent predator pursuant to a civil commitment proceeding</p> Signup and view all the answers

    What is the purpose of the petition filed by the state attorney with the criminal division of the circuit court?

    <p>To determine if the offender meets the sexual predator criteria</p> Signup and view all the answers

    What happens when the court makes a written finding that an offender is a sexual predator?

    <p>The clerk of the circuit court transmits a copy of the order to the department within 48 hours</p> Signup and view all the answers

    What is required of the clerk of the court when a sexual predator is not sentenced to a term of imprisonment?

    <p>The clerk must ensure that the sexual predator's fingerprints are taken and forwarded to the department</p> Signup and view all the answers

    What is the purpose of the written finding made by the court when an offender is determined to be a sexual predator?

    <p>To designate the offender as a sexual predator</p> Signup and view all the answers

    What happens when the Department of Corrections, the department, or any other law enforcement agency obtains information indicating that an offender meets the sexual predator criteria?

    <p>The state attorney is notified of the offender's presence in the community</p> Signup and view all the answers

    What is the consequence of the court making a written finding that an offender is a sexual predator?

    <p>The offender is designated as a sexual predator and subject to registration and community and public notification</p> Signup and view all the answers

    Who is responsible for ensuring that the sexual predator's fingerprints are taken and forwarded to the department?

    <p>The clerk of the court</p> Signup and view all the answers

    What happens when a petition is filed with the criminal division of the circuit court to determine if an offender meets the sexual predator criteria?

    <p>The court holds a hearing to determine if the offender meets the sexual predator criteria</p> Signup and view all the answers

    Under what circumstances is a copy of the court's written sexual predator finding submitted to the Department of Corrections?

    <p>If the offender is sentenced to a term of imprisonment or supervision</p> Signup and view all the answers

    What is the consequence of a sexual predator failing to report in person to the sheriff's office within 48 hours after the date upon which the predator indicated they would or did vacate their residence?

    <p>A felony of the second degree</p> Signup and view all the answers

    How often must a sexual predator who maintains a transient residence report in person to the sheriff's office?

    <p>Every 30 days</p> Signup and view all the answers

    What must a sexual predator register with the department through the department's online system or in person at the sheriff's office within 48 hours after using?

    <p>Electronic mail addresses and Internet identifiers</p> Signup and view all the answers

    What is the purpose of the sheriff's office receiving the report from the sexual predator who remains at a permanent, temporary, or transient residence after reporting their intent to vacate?

    <p>To convey the information to the department</p> Signup and view all the answers

    What is the consequence of a sexual predator's failure to make a report as required under subparagraph 2 but fails to make a report as required under subparagraph 3?

    <p>A felony of the second degree</p> Signup and view all the answers

    Who must the department notify when a sexual predator maintains a residence?

    <p>All of the above</p> Signup and view all the answers

    What must a sexual predator register with the department through the department's online system or in person at the sheriff's office within 48 hours after the change?

    <p>All of the above</p> Signup and view all the answers

    What information must a sexual predator provide to the Department of Highway Safety and Motor Vehicles?

    <p>All of the above</p> Signup and view all the answers

    What is the purpose of the department's online system?

    <p>To securely access, submit, and update information provided by the sexual predator</p> Signup and view all the answers

    What happens to the driver license or identification card of a sexual predator when it is subject to renewal?

    <p>The predator must report in person to a driver license office and comply with the requirements specified</p> Signup and view all the answers

    Who may the sheriff coordinate and enter into agreements with to facilitate additional reporting sites for transient residence registration?

    <p>Police departments and other governmental entities</p> Signup and view all the answers

    What is the time frame for the sheriff's office to electronically submit and update all information provided by the sexual predator to the department?

    <p>Within 2 business days</p> Signup and view all the answers

    What must a sexual predator do within 48 hours after changing their residence or name?

    <p>Report in person to a driver license office and provide confirmation to the sheriff's office</p> Signup and view all the answers

    What must a sexual predator who vacates a permanent, temporary, or transient residence do within 48 hours?

    <p>Report in person to the sheriff's office and provide or update registration information</p> Signup and view all the answers

    What must a sexual predator who establishes a transient residence do?

    <p>Report in person to the sheriff's office every 30 days</p> Signup and view all the answers

    What is the purpose of the notification provided by the Department of Highway Safety and Motor Vehicles to the Department of Law Enforcement?

    <p>For public notification of sexual predators</p> Signup and view all the answers

    What must a sexual predator provide to the Department of Highway Safety and Motor Vehicles upon request?

    <p>Any additional information necessary to confirm their identity</p> Signup and view all the answers

    What is the consequence of a sexual predator failing to secure or update a driver license or identification card?

    <p>They must report to the sheriff's office in the county where they reside</p> Signup and view all the answers

    What is required to be provided by a sexual predator when registering with the department?

    <p>Name, social security number, age, race, sex, date of birth, height, weight, tattoos or other identifying marks, and hair and eye color</p> Signup and view all the answers

    What is the purpose of the procedures established by the sheriff's office for reporting transient residence information?

    <p>To ensure that sexual predators report their transient residence information correctly</p> Signup and view all the answers

    What happens if a state attorney fails to establish that an offender meets the sexual predator criteria?

    <p>The offender is not required to register with the department as a sexual predator</p> Signup and view all the answers

    What is the requirement for a sexual predator who maintains a transient residence?

    <p>They must report in person to the sheriff's office every 30 days</p> Signup and view all the answers

    What is required for a person who establishes or maintains a residence in this state and has been designated as a sexual predator in another state or jurisdiction?

    <p>Registration with the department and community and public notification</p> Signup and view all the answers

    What is the purpose of the registration process for sexual predators?

    <p>To ensure public safety and awareness</p> Signup and view all the answers

    What is the consequence of not providing the required information when registering with the department?

    <p>The offender is subject to imprisonment</p> Signup and view all the answers

    What is the role of the Department of Corrections, the department, or any other law enforcement agency in the registration process?

    <p>To notify the state attorney of offenders who meet the sexual predator criteria</p> Signup and view all the answers

    What must a sexual predator produce if they have one?

    <p>Passport</p> Signup and view all the answers

    What is required to remove the designation of sexual predator?

    <p>An order from the court that designated the person as a sexual predator</p> Signup and view all the answers

    What information must a sexual predator provide about their vehicle?

    <p>Vehicle identification number, license tag number, and registration number</p> Signup and view all the answers

    What is the consequence of failing to register with the department as a sexual predator?

    <p>The offender is subject to imprisonment</p> Signup and view all the answers

    What must a sexual predator report if they are enrolled or employed at an institution of higher education?

    <p>Their employment status and institution information</p> Signup and view all the answers

    Who must notify each institution of higher education of a sexual predator's presence and any changes?

    <p>The sheriff</p> Signup and view all the answers

    What is the purpose of the notification process for sexual predators?

    <p>To ensure public safety and awareness</p> Signup and view all the answers

    What is the time frame for a sexual predator to report in person to the sheriff's office after any change in vehicles owned?

    <p>48 hours</p> Signup and view all the answers

    What is required to establish that an offender meets the sexual predator criteria?

    <p>A written finding from the court that the offender is a sexual predator</p> Signup and view all the answers

    Who must register a sexual predator in the custody of a local jail?

    <p>The custodian of the local jail</p> Signup and view all the answers

    What information must a sexual predator provide about their professional licenses?

    <p>The type of license and issuing authority</p> Signup and view all the answers

    What must a sexual predator provide if they are an alien?

    <p>Their passport and immigration status</p> Signup and view all the answers

    Who must provide registration information to the department?

    <p>The Department of Corrections</p> Signup and view all the answers

    What is the purpose of the notification by the sheriff, the Department of Corrections, or the Department of Juvenile Justice?

    <p>To inform the institution of the sexual predator's presence</p> Signup and view all the answers

    What is the responsibility of the custodian of the local jail regarding the sexual predator?

    <p>To take a digitized photograph of the sexual predator while in custody</p> Signup and view all the answers

    What is the requirement for a sexual predator who is not in the custody or control of the Department of Corrections or a private correctional facility?

    <p>To register in person at the sheriff's office in the county where they establish or maintain a residence</p> Signup and view all the answers

    What information must a sexual predator report when they register in person at the sheriff's office?

    <p>Permanent, temporary, or transient residence; name; vehicles owned; electronic mail addresses; and employment information</p> Signup and view all the answers

    What is the responsibility of the sheriff when a sexual predator registers with the sheriff's office?

    <p>To take a photograph and a set of fingerprints of the sexual predator and forward the photographs and fingerprints to the department</p> Signup and view all the answers

    What is the requirement for a sexual predator who is not incarcerated and resides in the community?

    <p>To register in person at a driver license office of the Department of Highway Safety and Motor Vehicles within 48 hours</p> Signup and view all the answers

    What information must a sexual predator provide to the Department of Highway Safety and Motor Vehicles when registering in person?

    <p>Permanent, temporary, or transient residence; name; vehicles owned; electronic mail addresses; and employment information</p> Signup and view all the answers

    What is the restriction on providing a post office box as a residential address?

    <p>A post office box may not be provided in lieu of a physical residential address</p> Signup and view all the answers

    What is the requirement for a sexual predator whose place of residence is a motor vehicle, trailer, mobile home, or manufactured home?

    <p>To provide the vehicle identification number, the license tag number, and the registration number</p> Signup and view all the answers

    What is the responsibility of the federal agency responsible for supervising the sexual predator?

    <p>To forward to the department any information regarding the sexual predator which is consistent with the information provided by the Department of Corrections</p> Signup and view all the answers

    What information must a sexual predator provide to the sheriff when reporting in person?

    <p>Address, municipality, county, state, and country of intended residence</p> Signup and view all the answers

    What is the penalty for failing to report a change of residence to the sheriff?

    <p>Felony of the second degree</p> Signup and view all the answers

    Who is responsible for the online maintenance of current information regarding each registered sexual predator?

    <p>The department</p> Signup and view all the answers

    What is the purpose of the hotline maintained by the department?

    <p>To allow state, local, and federal law enforcement agencies to obtain information about registered sexual predators</p> Signup and view all the answers

    What happens if a sexual predator reports an intended change of residence but remains in the state without reporting to the sheriff?

    <p>The sexual predator is guilty of a felony of the second degree</p> Signup and view all the answers

    What information is provided by the department to the public regarding registered sexual predators?

    <p>The sexual predator's address, municipality, county, and state</p> Signup and view all the answers

    What is the purpose of the department's sexual predator registration list?

    <p>To provide information to the public about registered sexual predators</p> Signup and view all the answers

    What must a sexual predator do if they intend to travel outside of the United States for 5 days or more?

    <p>Provide travel information to the sheriff, including expected departure and return dates</p> Signup and view all the answers

    What is the consequence of a sexual predator failing to report their intended change of residence to the sheriff?

    <p>The sexual predator is guilty of a felony of the second degree</p> Signup and view all the answers

    Who is notified by the department when a sexual predator reports an intended change of residence?

    <p>The statewide law enforcement agency</p> Signup and view all the answers

    What is the duration of registration with the department for a sexual predator?

    <p>For the duration of his or her life, unless the sexual predator has received a full pardon or has had a conviction set aside</p> Signup and view all the answers

    What is the responsibility of law enforcement agencies regarding community and public notification of a sexual predator's presence?

    <p>To inform members of the community and the public of the sexual predator's presence</p> Signup and view all the answers

    What information must be provided to the community and public regarding a sexual predator?

    <p>The sexual predator's name, description, current addresses, and circumstances of the offense</p> Signup and view all the answers

    Who is responsible for notifying licensed child care facilities, elementary schools, middle schools, and high schools of a sexual predator's presence?

    <p>The sheriff or the chief of police</p> Signup and view all the answers

    Why is the release of the victim's name not authorized?

    <p>Because the law prohibits it</p> Signup and view all the answers

    How long does the sheriff or the chief of police have to notify the community and public of a sexual predator's presence?

    <p>Within 48 hours</p> Signup and view all the answers

    Can the sheriff or the police chief coordinate the community and public notification efforts with the department?

    <p>Yes, they can coordinate with the department</p> Signup and view all the answers

    Is statewide notification to the public authorized?

    <p>Yes, it is authorized as deemed appropriate by local law enforcement personnel and the department</p> Signup and view all the answers

    What is the purpose of the Internet notice provided by the department?

    <p>To notify the public of all sexual predators</p> Signup and view all the answers

    Who is responsible for verifying the addresses of sexual predators who are not incarcerated?

    <p>County and local law enforcement agencies</p> Signup and view all the answers

    How often must a sexual predator report in person to the sheriff's office?

    <p>Every year during the month of their birthday</p> Signup and view all the answers

    What is the purpose of the protocol adopted by the department?

    <p>To assist law enforcement agencies in their efforts to notify the community</p> Signup and view all the answers

    What federal law is the system for verifying the addresses of sexual predators consistent with?

    <p>The Adam Walsh Child Protection and Safety Act of 2006</p> Signup and view all the answers

    Who reports to the department any failure by a sexual predator to comply with registration requirements?

    <p>Local law enforcement agencies</p> Signup and view all the answers

    What is the role of the Department of Corrections in verifying the addresses of sexual predators?

    <p>To verify the addresses of sexual predators who are under the care, custody, control, or supervision of the Department of Corrections</p> Signup and view all the answers

    What is the purpose of the system implemented by the department and the Department of Corrections?

    <p>To verify the addresses of sexual predators</p> Signup and view all the answers

    What information must a sexual predator provide regarding their vehicles?

    <p>Make, model, color, and vehicle identification number (VIN)</p> Signup and view all the answers

    When must a sexual predator reregister with the sheriff's office?

    <p>When they have a new address or telephone number</p> Signup and view all the answers

    What is the purpose of the sheriff's office in relation to sexual predators?

    <p>To determine the appropriate times and days for reporting</p> Signup and view all the answers

    What is required of a sexual predator who is enrolled or employed at an institution of higher education?

    <p>They must provide the name and address of the institution</p> Signup and view all the answers

    What is the timeframe for the sheriff's office to electronically submit and update a sexual predator's information?

    <p>Within 2 working days</p> Signup and view all the answers

    What is the consequence of good faith compliance with the requirements of this section?

    <p>Immunity from civil liability</p> Signup and view all the answers

    What information must a sexual predator provide regarding their residence?

    <p>All addresses, including temporary and rural route addresses</p> Signup and view all the answers

    What is the purpose of requiring a sexual predator to provide their electronic mail addresses and Internet identifiers?

    <p>To ensure public safety and awareness</p> Signup and view all the answers

    What is the consequence of failing to comply with the requirements of this section?

    <p>Criminal prosecution</p> Signup and view all the answers

    What is the purpose of the department in relation to sexual predators?

    <p>To compile and record information about sexual predators</p> Signup and view all the answers

    Under what circumstances can a sexual predator fail to register without committing a felony of the third degree?

    <p>If the sexual predator fails to report due to a technical or clerical error</p> Signup and view all the answers

    What is the penalty for a sexual predator who fails to register, fails to maintain or acquire a driver license or identification card, or fails to provide required information?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the penalty for a sexual predator who works with children and has been convicted of a violation of certain laws, including s. 787.01, s. 794.011, or s. 800.04?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the mandatory minimum term of community control for a first-time felony violation of the registration requirements, if the court does not impose a prison sentence?

    <p>6 months with electronic monitoring</p> Signup and view all the answers

    What is the penalty for a person who misuses public records information relating to a sexual predator or offender?

    <p>A misdemeanor of the first degree</p> Signup and view all the answers

    What is the penalty for a sexual predator who fails to report or falsely reports their current place of permanent or temporary residence?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the purpose of the registration requirements for sexual predators?

    <p>To monitor the activities of sexual predators</p> Signup and view all the answers

    What information must a sexual predator provide to the department, according to the registration requirements?

    <p>Their current address, employment information, and electronic mail addresses, among other things</p> Signup and view all the answers

    What is the penalty for a sexual predator who fails to respond to address verification correspondence from the department within 3 weeks?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the purpose of the mandatory minimum term of community control for a felony violation of the registration requirements?

    <p>To ensure public safety</p> Signup and view all the answers

    Where can a sexual predator who commits an act or omission in violation of this section be prosecuted?

    <p>In the county where the act or omission was committed, or in the county of the last registered address of the sexual predator</p> Signup and view all the answers

    What constitutes actual notice of the duty to register for a sexual predator?

    <p>All of the above</p> Signup and view all the answers

    What happens if a sexual predator fails to register immediately after being arrested, served, or arraigned?

    <p>The sexual predator is subject to a subsequent charge of failure to register</p> Signup and view all the answers

    What is the penalty for a person who assists a sexual predator in eluding a law enforcement agency?

    <p>A felony of the third degree</p> Signup and view all the answers

    In which circumstances does the paragraph regarding assistance to a sexual predator not apply?

    <p>All of the above</p> Signup and view all the answers

    What happens if a sexual predator is charged with failure to register and asserts a lack of notice of the duty to register as a defense?

    <p>The sexual predator is required to register immediately</p> Signup and view all the answers

    What is the consequence of a sexual predator's failure to register following an arrest, service, or arraignment?

    <p>The sexual predator is subject to a subsequent charge of failure to register</p> Signup and view all the answers

    Where can a prosecution for a violation of this section occur?

    <p>Any of the above</p> Signup and view all the answers

    What happens if a sexual predator registers following an arrest, service, or arraignment?

    <p>The registration is not a defense and does not relieve the sexual predator of criminal liability</p> Signup and view all the answers

    What is the penalty for a sexual predator who commits an act or omission in violation of this section?

    <p>A felony of the third degree</p> Signup and view all the answers

    What is the reclassification of a felony of the third degree if the offender was wearing a hood, mask, or other device that concealed his or her identity?

    <p>Reclassified to a felony of the second degree</p> Signup and view all the answers

    What is the term for a victim who lacks a fixed, regular, and adequate nighttime residence?

    <p>Homeless status</p> Signup and view all the answers

    What is the reclassification of a misdemeanor of the second degree if the offender was wearing a hood, mask, or other device that concealed his or her identity?

    <p>Reclassified to a felony of the third degree</p> Signup and view all the answers

    What is the minimum standard of protection for a bulletproof vest?

    <p>Seven layers of bullet-resistant material</p> Signup and view all the answers

    What is the penalty for violating the section on possession of a bulletproof vest while committing certain offenses?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the reclassification of a felony of the second degree if the offender was wearing a hood, mask, or other device that concealed his or her identity?

    <p>Reclassified to a felony of the first degree</p> Signup and view all the answers

    What is the term for a person who is older than 65 years of age?

    <p>Advanced age</p> Signup and view all the answers

    What is the reclassification of a misdemeanor of the first degree if the offender was wearing a hood, mask, or other device that concealed his or her identity?

    <p>Reclassified to a felony of the third degree</p> Signup and view all the answers

    What is the essential element of this section that the record must reflect?

    <p>The defendant's perception of the victim's age or status</p> Signup and view all the answers

    What is the civil cause of action for a person or organization that establishes coercion, intimidation, or threat in violation of this section?

    <p>Treble damages and an injunction</p> Signup and view all the answers

    How are felonies classified in Florida?

    <p>Into capital, life, first-degree, second-degree, and third-degree felonies</p> Signup and view all the answers

    What happens to the degree of a felony if it is not specified by statute?

    <p>It is considered a felony of the third degree</p> Signup and view all the answers

    How are misdemeanors classified in Florida?

    <p>Into first-degree and second-degree misdemeanors only</p> Signup and view all the answers

    What happens to the degree of a misdemeanor if it is not specified by statute?

    <p>It is considered a misdemeanor of the second degree</p> Signup and view all the answers

    When does a felony or misdemeanor penalty get reclassified?

    <p>When the commission of the crime evidences prejudice</p> Signup and view all the answers

    What type of prejudice can lead to reclassification of a felony or misdemeanor penalty?

    <p>Based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim</p> Signup and view all the answers

    What happens to a misdemeanor of the second degree if it evidences prejudice?

    <p>It is reclassified as a misdemeanor of the first degree</p> Signup and view all the answers

    Why is this section supplemental to the law of this state?

    <p>Because it is not to be construed to alter the law of this state establishing and governing criminal offenses</p> Signup and view all the answers

    Study Notes

    Classes and Definitions of Offenses

    • A felony is a criminal offense punishable by death or imprisonment in a state penitentiary, which includes state correctional facilities.
    • A person will be imprisoned in the state penitentiary for each sentence that exceeds 1 year, except for extended terms.

    Misdemeanors

    • A misdemeanor is a criminal offense punishable by a term of imprisonment in a county correctional facility, not exceeding 1 year, except for extended terms.
    • Misdemeanors do not include convictions for noncriminal traffic violations of chapter 316 or municipal or county ordinances.

    Noncriminal Violations

    • A noncriminal violation is an offense punishable by a fine, forfeiture, or other civil penalty, and does not constitute a crime.
    • Conviction for a noncriminal violation does not result in any legal disability based on a criminal offense.
    • Noncriminal violations do not include convictions for municipal or county ordinance violations.

    Crimes

    • A crime is either a felony or a misdemeanor.

    Time Limitations for Prosecution

    • There is no time limit for prosecuting capital felonies, life felonies, or felonies that resulted in death.
    • If the death penalty is deemed unconstitutional, capital felonies are considered life felonies, and prosecution can occur at any time.

    General Time Limitations

    • Prosecution for first-degree felonies must commence within 4 years after the offense is committed.
    • Prosecution for other felonies must commence within 3 years after the offense is committed.
    • Prosecution for misdemeanors of the first degree must commence within 2 years after the offense is committed.
    • Prosecution for misdemeanors of the second degree or noncriminal violations must commence within 1 year after the offense is committed.

    Commencement of Prosecution

    • Prosecution is commenced by the filing of an indictment, information, or other charging document.
    • If the defendant has not previously been arrested or served with a summons, prosecution is commenced when an indictment or information is filed and executed without unreasonable delay.

    Exceptions and Extensions

    • The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state.
    • If an indictment or information is dismissed or set aside due to a defect, the period for commencing prosecution is extended by 3 months.
    • Prosecution for perjury in an official proceeding related to a capital felony may be commenced at any time.
    • Prosecution for felonies resulting in injury to a person using a "destructive device" may be commenced within 10 years.
    • Prosecution for specific felonies, such as those violating chapter 517 or section 409.920, must be commenced within 5 years after the violation is committed.

    Special Cases

    • Prosecution for a felony violation of section 825.102 or section 825.103 may be commenced within 5 years after it is committed.
    • Prosecution for a felony violation of section 440.105 or section 817.234 may be commenced within 5 years after the violation is committed.
    • If the period of limitation has expired, prosecution may still be commenced for certain offenses, such as fraud or breach of fiduciary obligation, within 1 year after discovery of the offense.
    • Prosecution for offenses committed by public officers or employees may be commenced within 2 years after leaving public office or employment.

    Victims Under 18 Years Old

    • If the victim of a violation of section 794.011 is under 18 years old, the applicable period of limitation does not begin to run until the victim reaches 18 years old or the violation is reported to a law enforcement agency, whichever occurs earlier.
    • If the offense is a first-degree felony violation of section 794.011 and the victim was under 18 years old, prosecution may be commenced at any time.
    • If the offense is a first-degree felony violation of section 794.011 and the victim was under 16 years old, prosecution may be commenced at any time.

    DNA Evidence

    • In certain cases, prosecution may be commenced within 1 year after the date on which the identity of the accused is established through DNA evidence, if a sufficient portion of the evidence collected at the time of the original investigation is preserved and available for testing.
    • This applies to offenses such as sexual battery, lewd or lascivious offenses, aggravated battery, kidnapping, and burglary.
    • In some cases, prosecution may be commenced at any time after the identity of the accused is established through DNA evidence.

    Other Exceptions

    • Prosecution for video voyeurism may be commenced within 1 year after the victim obtains actual knowledge of the existence of a recording or the recording is confiscated by a law enforcement agency, whichever occurs first.
    • Prosecution for certain violations of section 800.04 may be commenced at any time if the victim was under 16 years old at the time of the offense.
    • Prosecution for a violation of section 787.06 may be commenced at any time.
    • If a victim is younger than 18 years old at the time the offense was committed, prosecution for a violation of section 794.011 may be commenced at any time.

    Time Limitations for Prosecution

    • There is no time limit for prosecuting capital felonies, life felonies, or felonies that resulted in death.
    • If the death penalty is deemed unconstitutional, capital felonies are considered life felonies, and prosecution can occur at any time.

    General Time Limitations

    • Prosecution for first-degree felonies must commence within 4 years after the offense is committed.
    • Prosecution for other felonies must commence within 3 years after the offense is committed.
    • Prosecution for misdemeanors of the first degree must commence within 2 years after the offense is committed.
    • Prosecution for misdemeanors of the second degree or noncriminal violations must commence within 1 year after the offense is committed.

    Commencement of Prosecution

    • Prosecution is commenced by the filing of an indictment, information, or other charging document.
    • If the defendant has not previously been arrested or served with a summons, prosecution is commenced when an indictment or information is filed and executed without unreasonable delay.

    Exceptions and Extensions

    • The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state.
    • If an indictment or information is dismissed or set aside due to a defect, the period for commencing prosecution is extended by 3 months.
    • Prosecution for perjury in an official proceeding related to a capital felony may be commenced at any time.
    • Prosecution for felonies resulting in injury to a person using a "destructive device" may be commenced within 10 years.
    • Prosecution for specific felonies, such as those violating chapter 517 or section 409.920, must be commenced within 5 years after the violation is committed.

    Special Cases

    • Prosecution for a felony violation of section 825.102 or section 825.103 may be commenced within 5 years after it is committed.
    • Prosecution for a felony violation of section 440.105 or section 817.234 may be commenced within 5 years after the violation is committed.
    • If the period of limitation has expired, prosecution may still be commenced for certain offenses, such as fraud or breach of fiduciary obligation, within 1 year after discovery of the offense.
    • Prosecution for offenses committed by public officers or employees may be commenced within 2 years after leaving public office or employment.

    Victims Under 18 Years Old

    • If the victim of a violation of section 794.011 is under 18 years old, the applicable period of limitation does not begin to run until the victim reaches 18 years old or the violation is reported to a law enforcement agency, whichever occurs earlier.
    • If the offense is a first-degree felony violation of section 794.011 and the victim was under 18 years old, prosecution may be commenced at any time.
    • If the offense is a first-degree felony violation of section 794.011 and the victim was under 16 years old, prosecution may be commenced at any time.

    DNA Evidence

    • In certain cases, prosecution may be commenced within 1 year after the date on which the identity of the accused is established through DNA evidence, if a sufficient portion of the evidence collected at the time of the original investigation is preserved and available for testing.
    • This applies to offenses such as sexual battery, lewd or lascivious offenses, aggravated battery, kidnapping, and burglary.
    • In some cases, prosecution may be commenced at any time after the identity of the accused is established through DNA evidence.

    Other Exceptions

    • Prosecution for video voyeurism may be commenced within 1 year after the victim obtains actual knowledge of the existence of a recording or the recording is confiscated by a law enforcement agency, whichever occurs first.
    • Prosecution for certain violations of section 800.04 may be commenced at any time if the victim was under 16 years old at the time of the offense.
    • Prosecution for a violation of section 787.06 may be commenced at any time.
    • If a victim is younger than 18 years old at the time the offense was committed, prosecution for a violation of section 794.011 may be commenced at any time.

    The Florida Sexual Predators Act

    • The Florida Sexual Predators Act may be cited as “The Florida Sexual Predators Act.”
    • The act defines key terms, including:
    • Change in status at an institution of higher education
    • Chief of police
    • Child care facility
    • Community
    • Conviction
    • Department
    • Electronic mail address
    • Entering the county
    • Institution of higher education
    • Internet identifier
    • Permanent residence
    • Professional license
    • Social Internet communication
    • Temporary residence
    • Transient residence
    • Vehicles owned

    Legislative Findings and Purpose

    • The act recognizes that 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 public safety.
    • The act aims to provide a strategy for managing sexual predators, including:
    • Incarcerating sexual predators and maintaining adequate facilities
    • Providing specialized supervision of sexual predators in the community
    • Requiring the registration of sexual predators
    • Providing for community and public notification concerning the presence of sexual predators
    • Prohibiting sexual predators from working with children

    Sexual Predator Criteria

    • An offender shall be designated as a “sexual predator” if:
    • The offender commits a capital, life, or first-degree felony violation, or any attempt thereof, of certain statutes, such as s. 787.01 or s. 794.011
    • The offender has previously been convicted of or found to have committed certain crimes, including those listed in s. 393.135, s. 394.4593, and s. 787.06
    • The offender has not received a pardon for any felony or similar law of another jurisdiction
    • The offender’s prior felony conviction meets certain criteria, including that it was sentenced separately and was not set aside in any postconviction proceeding

    Sexual Predator Designation

    • An offender is designated as a sexual predator as follows:
    • An offender who meets the sexual predator criteria is designated as a sexual predator, and the court shall make a written finding at the time of sentencing
    • The clerk of the court shall transmit a copy of the order containing the written finding to the department within 48 hours
    • If the Department of Corrections, the department, or any other law enforcement agency obtains information that an offender meets the sexual predator criteria, the department shall notify the state attorney, and the state attorney shall bring the matter to the court’s attention to establish that the offender meets the sexual predator criteria### Registration Requirements for Sexual Predators
    • A sexual predator must register with the department through the sheriff's office by providing:
      • Personal information: name, social security number, age, race, sex, date of birth, height, weight, tattoos, hair and eye color, photograph, and address of legal residence and temporary residence
      • Vehicle information: make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned
      • Employment information: employment status, institution of higher education attendance, and volunteer work
      • Internet identifiers and corresponding website homepage or application software name
      • Home telephone numbers and cellular telephone numbers
      • Address of any current or known future temporary residence
    • Any changes to the above information must be reported within 48 hours

    Registration Process

    • A sexual predator must register in person at the sheriff's office within 48 hours of:
      • Establishing or maintaining a residence in this state
      • Being designated a sexual predator by the court
    • The sheriff shall take a photograph, fingerprints, and palm prints of the predator and forward the information to the department

    Driver License and Identification Card Requirements

    • A sexual predator must:
      • Secure a Florida driver license or identification card
      • Provide proof of registration
      • Identify himself/herself as a sexual predator
      • Provide place of permanent, temporary, or transient residence, including a rural route address and a post office box
      • Submit to the taking of a photograph for use in issuing a driver license, a renewed license, or an identification card

    Reporting Requirements

    • A sexual predator must report in person to a driver license office:
      • Within 48 hours after any change of residence or name by reason of marriage or other legal process
      • Every 30 days while maintaining a transient residence
      • Within 48 hours after vacating a permanent, temporary, or transient residence and failing to establish or maintain another permanent, temporary, or transient residence
    • A sexual predator must report any changes to:
      • Electronic mail addresses and Internet identifiers
      • Home telephone numbers and cellular telephone numbers
      • Employment information
      • Institution of higher education attendance
    • Failure to comply with reporting requirements is punishable as provided in subsection (10)

    Notification Requirements

    • The department shall notify the sheriff and state attorney of the county, and if applicable, the police chief of the municipality, where the sexual predator maintains a residence

    • The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state, jurisdiction, or country of residence of the sexual predator's intended residence### Sexual Predator Registration and Notification

    • A sexual predator who fails to report their intention to establish a residence in another state, jurisdiction, or country, and remains in Florida without reporting to the sheriff, commits a felony of the second degree.

    • The department is responsible for maintaining an online database of current information about registered sexual predators.

    • The department provides hotline access for law enforcement agencies to obtain information on registered sexual predators for monitoring, tracking, and prosecution.

    • The sexual predator registration list is a public record, and the department can disseminate this information through various means, including a toll-free telephone number.

    Registration Requirements

    • A sexual predator must register with the department for the duration of their life, unless they receive a full pardon or have their conviction set aside in a postconviction proceeding.
    • The department shall adopt guidelines regarding the registration of sexual predators and the dissemination of information.

    Community and Public Notification

    • Law enforcement agencies must inform the community and public of a sexual predator's presence in their area.
    • The sheriff or chief of police shall notify members of the community and public of the presence of a sexual predator, including:
      • The sexual predator's name
      • A description of the sexual predator, including a photograph
      • The sexual predator's current addresses and descriptions of registered locations
      • The circumstances of the sexual predator's offense or offenses
      • Whether the victim was a minor or an adult at the time of the offense
    • The sheriff or police chief may coordinate notification efforts with the department, and statewide notification to the public is authorized as deemed appropriate.

    Sexual Predator Registration

    • The department is required to notify the public of all designated sexual predators through the Internet.
    • The Internet notice must include the information required by paragraph (a).

    Verification of Sexual Predators

    • The department and the Department of Corrections must implement a system to verify the addresses of sexual predators.
    • The system must be consistent with federal standards and applicable to the receipt of federal funds.
    • The Department of Corrections must verify the addresses of sexual predators who are not incarcerated but reside in the community under supervision.
    • County and local law enforcement agencies, in conjunction with the department, must verify the addresses of sexual predators not under the care of the Department of Corrections.

    Reregistration Requirements

    • Sexual predators must report in person each year during the month of their birthday and every third month thereafter to reregister.
    • Reregistration must include any changes to:
      • Name, social security number, age, race, sex, date of birth, height, weight, tattoos, and other identifying marks.
      • Address of permanent residence, temporary residence, and transient residences.
      • Electronic mail addresses, Internet identifiers, and website homepage or application software names.
      • Home telephone numbers, cellular telephone numbers, date and place of employment.
      • Vehicle information, including make, model, color, vehicle identification number, and license tag number.
      • Fingerprints, palm prints, and photograph.
      • Passport information, if applicable, and immigration status, if applicable.
      • Professional licenses held.

    Immunity

    • The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, and law enforcement agencies are immune from civil liability for damages for good faith compliance with the requirements of this section.
    • Personnel of these departments are presumed to have acted in good faith in compiling, recording, reporting, or releasing information.

    Penalties

    • Failure to register, provide required information, or comply with registration requirements is a felony of the third degree.
    • Penalties for subsequent offenses include mandatory minimum terms of community control with electronic monitoring.
    • Misuse of public records information relating to a sexual predator or offender is a misdemeanor of the first degree.

    Classification of Felonies and Misdemeanors

    • Felonies are classified into five categories: capital felony, life felony, felony of the first degree, felony of the second degree, and felony of the third degree.
    • A capital felony and life felony must be designated by statute, while other felonies are of the degree specified by statute.
    • If a crime is declared a felony without specifying a degree, it is considered a felony of the third degree, unless it is punishable by life imprisonment for the first offense.

    Classification of Misdemeanors

    • Misdemeanors are classified into two categories: misdemeanor of the first degree and misdemeanor of the second degree.
    • A misdemeanor is of the degree specified by statute, and if not specified, it is considered a misdemeanor of the second degree.

    Reclassification of Offenses

    • If an offense is committed with prejudice based on the victim's race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age, the penalty is reclassified as follows:
      • Misdemeanor of the second degree becomes a misdemeanor of the first degree.
      • Misdemeanor of the first degree becomes a felony of the third degree.
      • Felony of the third degree becomes a felony of the second degree.
      • Felony of the second degree becomes a felony of the first degree.
      • Felony of the first degree becomes a life felony.

    Advanced Age and Homeless Status

    • Advanced age means the victim is older than 65 years of age.
    • Homeless status means the victim lacks a fixed, regular, and adequate nighttime residence or has a primary nighttime residence that is a shelter or a public or private place not designed for regular sleeping accommodations.

    Wearing Masks While Committing Offenses

    • If an offender wears a hood, mask, or other device to conceal their identity while committing an offense, the degree of the offense is reclassified to the next higher degree.
    • For misdemeanors, this means a misdemeanor of the second degree becomes a misdemeanor of the first degree, and a misdemeanor of the first degree becomes a felony of the third degree.
    • For felonies, this means a felony of the third degree becomes a felony of the second degree, and a felony of the second degree becomes a felony of the first degree.

    Possession of Bulletproof Vests

    • Possessing a bulletproof vest while committing certain offenses, such as murder, sexual battery, or robbery, is a felony of the third degree.
    • A bulletproof vest means a bullet-resistant soft body armor providing at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.

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    Description

    This quiz covers the definitions and classifications of criminal offenses in Florida, including the meaning of felony and state penitentiary.

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