Florida Sexual Predators Act 775.21 7/16/2024
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Questions and Answers

What is the short title of this section?

  • Florida Sexual Offenders Act
  • Florida Law Enforcement Act
  • Florida Child Protection Act
  • Florida Sexual Predators Act (correct)

    • What does 'change in status at an institution of higher education' mean?

  • Change in field of study at an institution of higher education
  • Transfer to a different institution of higher education
  • Graduation or expulsion from an institution of higher education
  • Enrollment, employment, or change of location at an institution of higher education (correct)

    • What is the meaning of 'community' in this context?

  • Any institution of higher education in Florida
  • Any county where the sexual predator lives or establishes residence (correct)
  • Any city or town in Florida
  • Any child care facility in Florida

    • What does 'conviction' mean in this context?

    <p>A determination of guilt which is the result of a trial or plea</p> Signup and view all the answers

    What is the meaning of 'sanction' in this context?

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

    What is the role of the 'chief of police' in this context?

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

    What is the meaning of 'electronic mail address' in this context?

    <p>As provided in s. 668.602</p> Signup and view all the answers

    What type of facility is a 'child care facility'?

    <p>A facility that provides care for children</p> Signup and view all the answers

    What is meant by 'entering the county'?

    <p>Being discharged from a correctional facility or jail or secure treatment facility within the county or being under supervision within the county for the commission of a violation</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 meant by 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 included in the term, according to the legislation?

    <p>Any motor vehicle that is registered, coregistered, leased, titled, or rented by a person or persons residing at a sexual predator’s or sexual offender’s permanent residence for 5 or more consecutive days</p> Signup and view all the answers

    Why do sexual predators present an extreme threat to public safety, according to the legislative findings?

    <p>Because they are likely to use physical violence and repeat their offenses</p> Signup and view all the answers

    What constitutes a 'permanent residence'?

    <p>A place where a person stays for 3 or more consecutive days</p> Signup and view all the answers

    What is excluded from the definition of 'social Internet communication'?

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

    What is the purpose of incarcerating sexual predators, according to the legislation?

    <p>To ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space</p> Signup and view all the answers

    What is required of sexual predators who are financially able, according to the legislation?

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

    What is meant by a 'professional license'?

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

    What type of supervision is required for sexual predators in the community, according to the legislation?

    <p>Specialized supervision by specially trained probation officers with low caseloads</p> Signup and view all the answers

    What is a 'transient residence'?

    <p>A place where a person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year and which is not the person's permanent or temporary address</p> Signup and view all the answers

    What is included in the definition of 'vehicles owned'?

    <p>A rented vehicle that a sexual predator or sexual offender is authorized to drive, among other things</p> Signup and view all the answers

    What is the purpose of registering sexual predators, according to the legislation?

    <p>To maintain accurate and accessible information for law enforcement and the public</p> Signup and view all the answers

    What is the primary purpose of the term 'Internet identifier'?

    <p>To facilitate social Internet communication</p> Signup and view all the answers

    Why is community and public notification of sexual predators required, according to the legislation?

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

    What is the significance of the term 'application software'?

    <p>It refers to a type of computer program designed to run on a mobile device</p> Signup and view all the answers

    What is the designation of a person as a sexual predator, according to the legislation?

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

    What is the intent of the Legislature regarding sexual predators, according to the legislation?

    <p>To address the problem of sexual predators through registration, supervision, and notification</p> Signup and view all the answers

    What is one of the conditions of supervision for sexual predators, according to the legislation?

    <p>They are prohibited from working with children</p> Signup and view all the answers

    When can an offender be designated as a 'sexual predator' under subsection (5)?

    <p>Upon conviction of a capital, life, or first degree felony violation of s. 787.01 or s. 787.02, where the victim is a minor</p> Signup and view all the answers

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

    <p>The felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense</p> Signup and view all the answers

    What happens if an offender has been registered as a sexual predator by the Department of Corrections, but the court did not make a written finding at the time of sentencing?

    <p>The department will remove the offender from the list of sexual predators and notify the state attorney</p> Signup and view all the answers

    What is the purpose of subsection (5)?

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

    What must be submitted to the Department of Corrections if an offender is sentenced to a term of imprisonment or supervision?

    <p>A copy of the court's written sexual predator finding</p> Signup and view all the answers

    What must the clerk of the court do if a sexual predator is not sentenced to a term of imprisonment?

    <p>Ensure the offender's fingerprints are taken and forwarded to the department within 48 hours</p> Signup and view all the answers

    What is required for an offender to be subject to registration under subsection (6)?

    <p>Conviction of a felony offense and designation as a sexual predator under subsection (5)</p> Signup and view all the answers

    What is required for community and public notification under subsection (7)?

    <p>Conviction of a felony offense and designation as a sexual predator under subsection (5)</p> Signup and view all the answers

    What happens if the Department of Corrections or law enforcement agency obtains information indicating an offender meets the sexual predator criteria but the court did not make a written finding?

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

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

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

    What happens if an offender has previously been convicted of or found to have committed certain offenses?

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

    What must a person who was designated as a sexual predator in another state or jurisdiction provide to the department to have their designation removed?

    <p>An order from the court that removes the sexual predator designation</p> Signup and view all the answers

    What is the purpose of subsection (7)?

    <p>To provide community and public notification of an offender's designation as a sexual predator</p> Signup and view all the answers

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

    <p>Conviction of a capital, life, or first degree felony violation of s. 787.01 or s. 787.02, where the victim is a minor</p> Signup and view all the answers

    What is the penalty for not registering as a sexual predator?

    <p>The penalty is specified in s. 943.0435 or s. 944.607</p> Signup and view all the answers

    What happens if an offender has been administratively registered as a sexual predator because the Department of Corrections obtained information that indicated the offender met the criteria for designation as a sexual predator?

    <p>The department will remove the offender from the list of sexual predators and notify the state attorney</p> Signup and view all the answers

    What happens if the 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 must the clerk of the court do with respect to the sexual predator's fingerprints?

    <p>Ensure they are taken and forwarded to the department within 48 hours</p> Signup and view all the answers

    What is the primary purpose of bringing a matter to the court's attention?

    <p>To establish whether the offender meets the criteria for designation as a sexual predator</p> Signup and view all the answers

    What must the court do with respect to a sexual predator's registration information?

    <p>Notify the department and the Department of Corrections</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 must be designated as a sexual predator and register with the department</p> Signup and view all the answers

    What is the purpose of the written sexual predator finding?

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

    Who is responsible for notifying the state attorney if an offender meets the sexual predator criteria?

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

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

    <p>The offender may not be designated as a sexual predator with respect to that offense</p> Signup and view all the answers

    What is the role of the clerk of the court in the sexual predator designation process?

    <p>To transmit a copy of the order containing the written finding to the department</p> Signup and view all the answers

    What happens to an offender who has been determined to be a sexually violent predator pursuant to a civil commitment proceeding?

    <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

    What is the purpose of the state attorney filing a petition 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 is the deadline for the clerk of the court to transmit a copy of the order containing the written finding to the department?

    <p>48 hours after the entry of the order</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 court informs the sexual predator of the registration and community and public notification requirements</p> Signup and view all the answers

    What is the criterion for designation as a sexual predator?

    <p>The offender meets the sexual predator criteria described in paragraph (4)(a) or paragraph (4)(d)</p> Signup and view all the answers

    What type of information must a sexual predator provide to the department?

    <p>Name, social security number, age, race, sex, and photograph</p> Signup and view all the answers

    What is a sexual predator required to report if their place of residence is a motor vehicle?

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

    What must a sexual predator do if their place of residence is a vessel, live-aboard vessel, or houseboat?

    <p>Provide written notice of the manufacturer's serial number and registration number</p> Signup and view all the answers

    What must a sexual predator report to the sheriff's office within 48 hours of any change?

    <p>Change in vehicle information</p> Signup and view all the answers

    What information must a sexual predator provide about their institution of higher education?

    <p>Name, address, county, and enrollment status</p> Signup and view all the answers

    Who must be notified of a sexual predator's presence and any changes in enrollment or employment status?

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

    What is a sexual predator required to provide in addition to their physical residential address?

    <p>A rural route address</p> Signup and view all the answers

    What is a sexual predator required to report to the department?

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

    What is a sexual predator required to produce if they have one?

    <p>A passport</p> Signup and view all the answers

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

    <p>Information about the licenses they have</p> Signup and view all the answers

    Where must a sexual predator who is not incarcerated and resides in the community register in person within 48 hours?

    <p>A driver license office of the Department of Highway Safety and Motor Vehicles</p> Signup and view all the answers

    What must a sexual predator provide to the Department of Highway Safety and Motor Vehicles if their place of residence is a motor vehicle?

    <p>The vehicle identification number, license tag number, registration number, and a description of the motor vehicle</p> Signup and view all the answers

    What is the purpose of taking a photograph of a sexual predator at a driver license office?

    <p>For use in issuing a driver license, a renewed license, or an identification card, and for use by the department in maintaining current records of sexual predators</p> Signup and view all the answers

    Can a post office box be used in lieu of a physical residential address for a sexual predator?

    <p>No, it is not allowed</p> Signup and view all the answers

    What additional information must a sexual predator provide if their place of residence is a vessel, live-aboard vessel, or houseboat?

    <p>The hull identification number, manufacturer’s serial number, name of the vessel, registration number, and a description of the vessel</p> Signup and view all the answers

    What must a sexual predator identify himself or herself as when registering at a driver license office?

    <p>As a sexual predator who is required to comply with this section</p> Signup and view all the answers

    Within what time frame must a sexual predator who is not incarcerated and resides in the community register in person at a driver license office?

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

    Where does a sexual predator in the custody of a local jail register?

    <p>With the local jail</p> Signup and view all the answers

    What information does the Department of Corrections provide to the department?

    <p>Registration information and the location of any local telephone number</p> Signup and view all the answers

    What type of document can a sexual predator secure or renew at a driver license office?

    <p>A Florida driver license or identification card</p> Signup and view all the answers

    When must a sexual predator register with the sheriff’s office in the county where they establish or maintain a residence?

    <p>Within 48 hours after establishing or maintaining a residence in this state</p> Signup and view all the answers

    What information must a sexual predator report to the sheriff’s office when there is a change?

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

    What does the sheriff’s office do when a sexual predator registers?

    <p>Takes a photograph, a set of fingerprints, and palm prints of the predator</p> Signup and view all the answers

    What happens when a sexual predator escapes from custody or supervision?

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

    What is required of a federal agency responsible for supervising a sexual predator?

    <p>To forward information regarding the sexual predator to the department</p> Signup and view all the answers

    Where does a sexual predator register if they are under federal supervision?

    <p>With the federal agency responsible for supervising the sexual predator</p> Signup and view all the answers

    What information is forwarded to the department by the custodian of the local jail?

    <p>The registration information and the digitized photograph of the sexual predator</p> Signup and view all the answers

    What must a sexual predator provide upon request?

    <p>A set of fingerprints and additional information necessary to confirm the identity</p> Signup and view all the answers

    What must the Department of Highway Safety and Motor Vehicles do with photographs and information provided by sexual predators?

    <p>Forward them to the Department of Law Enforcement for purposes of public notification</p> Signup and view all the answers

    What must a sexual predator do if they are unable to secure or update a driver license or an identification card?

    <p>Report to the sheriff’s office in the county where they reside or are located</p> Signup and view all the answers

    How often must a sexual predator report to a driver license office?

    <p>Every time their driver license or identification card is subject to renewal</p> Signup and view all the answers

    What is the purpose of the Department of Highway Safety and Motor Vehicles releasing a reproduction of a color-photograph or digital image license?

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

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

    <p>Report in person to a driver license office</p> Signup and view all the answers

    What is required of a sexual predator who is unable to secure or update a driver license or an identification card?

    <p>Report to the sheriff's office in the county where they reside or are located</p> Signup and view all the answers

    What must the Department of Highway Safety and Motor Vehicles do with the photographs and information provided by sexual predators?

    <p>Forward them to the Department of Law Enforcement for purposes of public notification</p> Signup and view all the answers

    Where must a sexual predator report changes to their home telephone numbers and cellular telephone numbers?

    <p>In person at the sheriff's office</p> Signup and view all the answers

    What information must a sexual predator provide to the sheriff when traveling to another state or jurisdiction?

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

    What is the penalty for a sexual predator who fails to provide their intended place of residence?

    <p>Punishable as provided in subsection (10)</p> Signup and view all the answers

    Where must a sexual predator in the custody or control of the Department of Corrections report their electronic mail addresses and Internet identifiers?

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

    What is the timeframe within which a sexual predator who indicates their intent to establish a permanent, temporary, or transient residence in another state, jurisdiction, or country, but later decides to remain in Florida, must report their intent to the sheriff?

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

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

    <p>To allow sexual predators to securely access, submit, and update their information</p> Signup and view all the answers

    What happens to a sexual predator who reports their intent to establish a permanent, temporary, or transient residence in another state, jurisdiction, or country, but remains in Florida without reporting to the sheriff?

    <p>They are subject to a felony charge</p> Signup and view all the answers

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

    <p>To monitor sexual predators in the community</p> Signup and view all the answers

    What happens when a sexual predator reports a change to their home telephone number?

    <p>The department notifies the sheriff's office</p> Signup and view all the answers

    What must a sexual predator do before using new electronic mail addresses or Internet identifiers?

    <p>Report them to the department</p> Signup and view all the answers

    For how long must a sexual predator maintain registration with the department?

    <p>For the duration of their life</p> Signup and view all the answers

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

    <p>To inform members of the community and the public</p> Signup and view all the answers

    What information must a sexual predator provide when establishing a permanent, temporary, or transient residence in another state or jurisdiction?

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

    What is the purpose of notifying the sheriff and state attorney of the county and, if applicable, the police chief of the municipality?

    <p>To keep them informed of the sexual predator's whereabouts</p> Signup and view all the answers

    What happens when the department provides information regarding a registered sexual predator to the public?

    <p>The department advises the person making the inquiry that positive identification can only be made through a fingerprint comparison</p> Signup and view all the answers

    What is the department responsible for maintaining regarding each registered sexual predator?

    <p>Online maintenance of current information</p> Signup and view all the answers

    What is the purpose of the hotline access maintained by the department for state, local, and federal law enforcement agencies?

    <p>To obtain instantaneous locator file and offender characteristics information on all released registered sexual predators</p> Signup and view all the answers

    What is the penalty for not registering as a sexual predator?

    <p>A felony charge</p> Signup and view all the answers

    What is the requirement for a sexual predator who reports their intent to establish a permanent, temporary, or transient residence in another state, jurisdiction, or country?

    <p>They must report in person to the sheriff within 48 hours</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 of the county in which they are located.</p> Signup and view all the answers

    What happens if a sexual predator fails to report in person to the sheriff's office every 30 days as required?

    <p>They commit a felony of the second degree.</p> Signup and view all the answers

    What must a sexual predator provide when reporting in person to the sheriff's office?

    <p>All of the registration information required under paragraph (a).</p> Signup and view all the answers

    What is the purpose of a sexual predator reporting to the sheriff's office?

    <p>To provide or update all of the registration information required under paragraph (a).</p> Signup and view all the answers

    What is the time frame within which a sexual predator must report in person to the sheriff's office after establishing a transient residence?

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

    What must a sexual predator provide to the department?

    <p>All of their Internet identifiers and electronic mail addresses.</p> Signup and view all the answers

    What is the penalty for a sexual predator who fails to report in person to the sheriff's office as required?

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

    What must the sheriff's office do with the information provided by the sexual predator?

    <p>Electronically submit and update it to the department within 2 business days.</p> Signup and view all the answers

    What happens if a sexual predator remains at a permanent, temporary, or transient residence after reporting their intent to vacate?

    <p>They must report in person to the sheriff's office within 48 hours.</p> Signup and view all the answers

    What must a sexual predator do if they intend to or did vacate a permanent, temporary, or transient residence?

    <p>Specify the date upon which they intend to or did vacate such residence.</p> Signup and view all the answers

    Within how many hours must the sheriff or chief of police notify each licensed child care facility, elementary school, middle school, and high school within a 1-mile radius of the temporary or permanent residence of the sexual predator?

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

    What information must be included in the notification to the public regarding a sexual predator?

    <p>The name, description, addresses, circumstances of the offense, and the age of the victim</p> Signup and view all the answers

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

    <p>The department 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 3 months and during the month of their birthday</p> Signup and view all the answers

    What is the purpose of the department's protocol for assisting law enforcement agencies in their efforts to notify the community and the public of the presence of sexual predators?

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

    What is the purpose of the system for verifying the addresses of sexual predators?

    <p>To ensure compliance with federal standards and to receive federal funds</p> Signup and view all the answers

    Who is responsible for reporting any failure by a sexual predator to comply with registration requirements?

    <p>The sheriff's office and local law enforcement agencies</p> Signup and view all the answers

    What information must be included in the Internet notice regarding sexual predators?

    <p>The name, description, addresses, circumstances of the offense, and the age of the victim</p> Signup and view all the answers

    Why is statewide notification to the public of sexual predators authorized?

    <p>To provide information to the public as deemed appropriate by local law enforcement personnel</p> Signup and view all the answers

    What is the purpose of the department's protocol for assisting law enforcement agencies in their efforts to notify the community and the public of the presence of sexual predators?

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

    What information must a sexual predator provide to the department regarding their vehicles?

    <p>The make, model, color, vehicle identification number (VIN), and license tag number</p> Signup and view all the answers

    Who is immune from civil liability for damages for good faith compliance with the requirements of this section?

    <p>The department, law enforcement agencies, and personnel</p> Signup and view all the answers

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

    <p>The name, address, and county of each institution, including each campus attended</p> Signup and view all the answers

    What is the timeframe within which the sheriff's office must electronically submit and update the sexual predator's information?

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

    What is not a valid alternative to a physical residential address?

    <p>Post office box</p> Signup and view all the answers

    What must a sexual predator provide if they have a passport?

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

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

    <p>The license type, number, and issuance date</p> Signup and view all the answers

    What is the consequence for a sexual predator who fails to register or provide required location information?

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

    What is required if a sexual predator's place of residence is a vessel, live-aboard vessel, or houseboat?

    <p>The vessel's hull identification number, manufacturer's serial number, name, registration number, and description</p> Signup and view all the answers

    What must a sexual predator provide about their electronic mail addresses?

    <p>All of their electronic mail addresses</p> Signup and view all the answers

    What is the minimum term of community control for a third or subsequent felony violation of this section?

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

    Who may be exempt from the presumption of good faith?

    <p>All individuals or entities acting at the request or upon the direction of the department</p> Signup and view all the answers

    What information must a sexual predator provide about their Internet identifiers?

    <p>Each Internet identifier and its corresponding website homepage or application software name</p> Signup and view all the answers

    What is the penalty for a sexual predator who knowingly provides false registration information?

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

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

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

    What information must a sexual predator provide?

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

    In which county can a sexual predator be prosecuted for failing to register?

    <p>In any of the counties specified in the statute</p> Signup and view all the answers

    What is the minimum term of community control for a first offense?

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

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

    <p>Grounds for a subsequent charge of failure to register</p> Signup and view all the answers

    What is the penalty for a sexual predator who fails to reregister as required?

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

    What happens if a sexual predator fails to report or falsely reports his or her current place of permanent or temporary residence?

    <p>The presumption of good faith is overcome</p> Signup and view all the answers

    What is the penalty for assisting a sexual predator in eluding law enforcement?

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

    What is the penalty for a sexual predator who works at any business, school, child care facility, park, playground, or other place where children regularly congregate?

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

    What is the consequence of a sexual predator's failure to register after being provided with and advised of their statutory obligation to register?

    <p>Grounds for a subsequent charge of failure to register</p> Signup and view all the answers

    Who can be prosecuted for a sexual predator's noncompliance with the requirements of this section?

    <p>Any person who has reason to believe the sexual predator is not complying</p> Signup and view all the answers

    What is the purpose of registering sexual predators?

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

    What happens if a sexual predator is not complying with the requirements of this section?

    <p>They will be subject to additional charges</p> Signup and view all the answers

    What is the consequence of withholding information from a law enforcement agency about a sexual predator's noncompliance?

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

    What is the purpose of community and public notification of sexual predators?

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

    Study Notes

    The Florida Sexual Predators Act

    • The Act may be cited as "The Florida Sexual Predators Act"
    • Definitions:
      • "Change in status at an institution of higher education" means the commencement or termination of enrollment, employment, or volunteering at an institution of higher education
      • "Chief of police" means the chief law enforcement officer of a municipality
      • "Child care facility" has the same meaning as provided in s. 402.302
      • "Community" means any county where the sexual predator lives or establishes a permanent, temporary, or transient residence
      • "Conviction" means a determination of guilt, including a plea of guilty or nolo contendere, regardless of adjudication
      • "Department" means the Department of Law Enforcement
      • "Electronic mail address" has the same meaning as provided in s. 668.602
      • "Entering the county" includes being discharged from a correctional facility or jail or secure treatment facility within the county
      • "Institution of higher education" means a career center, community college, college, state university, or independent postsecondary institution
      • "Internet identifier" means any designation, moniker, screen name, username, or other name used for self-identification to send or receive social Internet communication
      • "Permanent residence" means a place where the person abides, lodges, or resides for 3 or more consecutive days
      • "Professional license" means the document of authorization or certification issued by an agency of this state for a regulatory purpose
      • "Social Internet communication" means any communication through a commercial social networking website or application software
      • "Temporary residence" means a place where the person abides, lodges, or resides, including vacation, business, or personal travel destinations
      • "Transient residence" means a county where a person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year
      • "Vehicles owned" means any motor vehicle registered, co-registered, leased, titled, or rented by a sexual predator or sexual offender

    Legislative Findings and Purpose

    • 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
    • Sexual offenders are extremely likely to use physical violence and to repeat their offenses
    • The state has a compelling interest in protecting the public from sexual predators and in protecting children from predatory sexual activity
    • The designation of a person as a sexual predator is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes

    Sexual Predator Criteria

    • An offender shall be designated as a "sexual predator" if:
      • The felony is a capital, life, or first-degree felony violation, or any attempt thereof, of certain specified offenses
      • The offender has not received a pardon for any felony or similar law of another jurisdiction
      • A conviction of a felony or similar law of another jurisdiction necessary to the operation of this paragraph has not been set aside in any postconviction proceeding
    • In order to be counted as a prior felony, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense

    Sexual Predator Designation

    • An offender who meets the sexual predator criteria is designated as a sexual predator
    • The court shall make a written finding at the time of sentencing that the offender is a sexual predator
    • The clerk shall transmit a copy of the order containing the written finding to the department within 48 hours after the entry of the order### Sexual Predator Registration and Requirements
    • A person who establishes or maintains a residence in Florida and has been designated as a sexual predator, sexually violent predator, or other sexual offender designation in another state or jurisdiction must register in the manner provided in s. 943.0435 or s. 944.607.
    • Such person shall provide the department with an order issued by the court that designated the person as a sexual predator, or demonstrate that the designation has been removed by operation of law or court order in the state or jurisdiction in which the designation was made.

    Registration Information

    • A sexual predator shall register with the department by providing the following information:
      • Name; social security number; age; race; sex; date of birth; height; weight; tattoos or other identifying marks; hair and eye color; photograph; address of legal residence and address of any current temporary residence; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home telephone numbers and cellular telephone numbers; employment information; vehicle information; date and place of each conviction; fingerprints; palm prints; and a brief description of the crime or crimes committed.
    • If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, they shall also provide vehicle identification information, including the license tag number, registration number, and a description of the vehicle.
    • If the sexual predator’s place of residence is a vessel, live-aboard vessel, or houseboat, they shall also provide vessel identification information, including the hull identification number, manufacturer’s serial number, registration number, and a description of the vessel.

    Changes in Registration Information

    • Any change in the following information shall be reported to the department:
      • Permanent, temporary, or transient residence; name; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home and cellular telephone numbers; employment information; and status at an institution of higher education.
    • A sexual predator shall report in person to the sheriff’s office within 48 hours after any change in vehicles owned to report those vehicle information changes.

    Institution of Higher Education Requirements

    • If a sexual predator is enrolled or employed at an institution of higher education in Florida, they shall provide to the department the name, address, and county of each institution, including each campus attended, and their enrollment, volunteer, or employment status.
    • The sheriff, Department of Corrections, or Department of Juvenile Justice shall promptly notify each institution of higher education of the sexual predator’s presence and any change in their enrollment, volunteer, or employment status.

    Sexual Predator Registration and Notification

    • A sexual predator must:

      • Register with the Department of Highway Safety and Motor Vehicles and obtain a driver license or identification card with a sexual predator designation
      • Pay costs for issuing or renewing a driver license or identification card
      • Provide fingerprints and additional information to confirm identity
      • Report in person to a driver license office for any changes or updates

    • Reporting Requirements:

      • A sexual predator must report in person to the sheriff's office within 48 hours of:
        • Establishing a transient residence
        • Changing a permanent, temporary, or transient residence
        • Changing name due to marriage or other legal process
      • A sexual predator must also report every 30 days while maintaining a transient residence

    • Electronic Mail Addresses and Internet Identifiers:

      • A sexual predator must register all electronic mail addresses and Internet identifiers with the department
      • This information must be updated within 48 hours of any changes

    • Home Telephone Numbers and Cellular Telephone Numbers:

      • A sexual predator must register all home telephone numbers and cellular telephone numbers with the department
      • This information must be updated within 48 hours of any changes

    • Employment Information:

      • A sexual predator must register all employment information with the department
      • This information must be updated within 48 hours of any changes

    • Institutions of Higher Education:

      • A sexual predator must register if enrolled or employed at an institution of higher education in this state
      • This information must include the name, address, and county of each institution

    • International Travel:

      • A sexual predator must report in person to the sheriff's office within 48 hours before traveling internationally
      • This information must include the address, municipality, county, state, and country of intended residence

    • Notification:

      • The department shall notify the sheriff and state attorney of the county where the sexual predator maintains a residence
      • The sheriff shall notify members of the community and the public of the presence of a sexual predator
      • The department shall maintain an online registry of sexual predators and provide information to the public

    • Verification:

      • The department and the Department of Corrections shall implement a system for verifying the addresses of sexual predators
      • Local law enforcement agencies shall verify the addresses of sexual predators who are not under the care, custody, control, or supervision of the Department of Corrections

    • Reregistration:

      • A sexual predator must reregister annually during the month of their birthday and every third month thereafter
      • Reregistration must include any changes to the required information### Presumption of Good Faith

    • Not overcome by technical or clerical errors made by departments or individuals compiling/providing information

    • Not overcome if information is incomplete or incorrect due to sexual predator's failure to report or provide false information

    Penalties for Non-Compliance

    • Failure to register, maintain/acquire/renew driver's license or ID card, provide required information, or respond to address verification correspondence: felony of the third degree
    • Failure to comply with requirements, including false registration information or omissions: felony of the third degree

    Enhanced Penalties for Specific Offenses

    • Convicted of or found to have committed certain offenses (e.g., s. 787.01, s. 794.011) where the victim is a minor and works/volunteers at places where children congregate: felony of the third degree
    • Mandatory minimum terms of community control for felony violations (first offense: 6 months with electronic monitoring, second offense: 1 year, third or subsequent offense: 2 years)

    Misuse of Public Records Information

    • Misusing public records information to secure payment from a sexual predator/offender: misdemeanor of the first degree
    • Knowingly distributing/publishing false information or materially altering public records information: misdemeanor of the first degree

    Prosecution and Jurisdiction

    • Can be prosecuted in the county where the act/omission occurred, last registered address, conviction occurred, or intended address
    • Can also be prosecuted in the county where designated as a sexual predator

    Notice of Duty to Register

    • Arrest, service of an information or complaint, or arraignment constitutes actual notice of the duty to register
    • Failure to immediately register following such notice constitutes grounds for a subsequent charge of failure to register

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    Description

    This quiz covers the definitions and regulations of the Florida Sexual Predators Act, including changes in status at institutions of higher education.

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