The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 1230
INTRODUCER: Appropriations Committee on Criminal and Civil Justice and Senator Bradley
SUBJECT: Sexual Predators and Sexual Offenders
DATE: February 20, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Vaughan Stokes CJ Favorable
2. Kolich Harkness ACJ Fav/CS
3. Vaughan Yeatman FP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1230 amends both ss. 775.21 (sexual predators), and 943.0435, F.S. (sexual offenders),
to:
Remove references to “a sanction” in the definition of the terms conviction and convicted.
Specify that certain sexual predators and sexual offenders must provide the registration
number for a vessel, live-aboard vessel, or houseboat.
Authorize sexual predators and sexual offenders to report to the Department of Law
Enforcement (FDLE) or through the FDLE’s online system within a specified timeframe
after changes to vehicle information.
Require sexual predators and sexual offenders to register all changes in vehicles owned.
Require that a sexual predator or sexual offender report in person to the sheriff’s office in the
county of current residence at least 48 hours before the date the person intends to leave this
state to establish residence in another state or jurisdiction, or at least 21 days before the
intended travel date for any travel outside the United States. Any travel not known at least 48
hours before the person intends to establish a residence in another state or jurisdiction or 21
days before departure for travel outside the United States must be reported to the sheriff’s
office as soon as possible before departure.
Specify that the FDLE must notify the intended country of travel of such travel.
Establish that transient check-in information shall be gathered by each sheriff’s office in a
manner set forth by the FDLE, rather than each sheriff’s office determining how to conduct
check-ins. The sheriff’s office must electronically submit such information within 2 business
days after the sexual predator or sexual offender provides it to the sheriff’s office.
BILL: CS/SB 1230 Page 2
Require sexual predators and offenders to respond to any address verification correspondence
from FDLE or from county or local law enforcement agencies within three weeks after the
date of the correspondence, rather than only from FDLE.
Specify that each instance of failure to register or report changes to the required information
specified constitutes a separate offense.
The bill amends s. 775.21, F.S., to amend the definitions of the terms “permanent residence,”
“temporary residence,” and “transient residence” to specify the number of days a person is
required to be in a place for each type of residence.
The bill further amends s. 775.21, F.S., to specify that certain sexual predators must meet criteria
provided in s. 943.0435, F.S., to qualify for removal of certain registration requirements.
The bill amends s. 943.0435, F.S., to require the FDLE be notified of a petition for relief and
may present evidence at a hearing. A person eligible for relief from registration must show that
they do not meet any qualifying criteria.
The bill amends s. 943.0435, F.S., to require all of the following:
Require the local jail to register sexual offenders in their custody within certain time frames;
Require jail custodians to take digital photographs of sexual offenders in their custody,
provide those photographs to the FDLE, and notify the FDLE if the sexual offender escapes
or dies.
The bill will have an insignificant negative fiscal impact on FDLE. See Section V., Fiscal Impact
Statement.
The bill takes effect October 1, 2024.
II. Present Situation:
Sexual Predators and Offenders
The Florida Department of Law Enforcement is the state agency responsible for Florida’s sex
offender registry. The information contained in the sex offender registry is reported directly to
FDLE by the Florida Department of Corrections (DOC), the Florida Department of Highway
Safety and Motor Vehicles (DHSMV), and law enforcement officials.1 Florida’s sexual offender
and sexual predator registration laws were implemented in 1993 and 1997.2 The sex offender
registry database is a statewide system that collects and disseminates sex offender information to
the public and law enforcement agencies through the Sexual Offender Predator System (SOPS).
The designation of a person as a sexual offender is not a sentence or a punishment but is simply
the status of the offender which is the result of a conviction for having committed certain
crimes.3
1
FDLE, Sexual Offender and Predator System, https://offender.fdle.state.fl.us/offender.sops.home.jsf, (last visited on
January 11, 2024).
2
Sections 775.21 and 943.0435, F.S.
3
State v. McKenzie, 331 So.3d 666 (Fla. 2021).
BILL: CS/SB 1230 Page 3
Florida’s Sexual Predator and Sexual Offender Registration Laws
Florida law requires registration of any person who has been convicted or adjudicated delinquent
of a specified sex offense or offenses and who meets other statutory criteria that qualify the
person for designation as a sexual predator or classification as a sexual offender.4 The
registration laws also require reregistration and provide for public and community notification of
certain information about sexual predators and sexual offenders. The laws span several different
chapters and numerous statutes5 and are implemented through the combined efforts of the FDLE,
all Florida sheriffs, the Department of Corrections (DOC), the Department of Juvenile Justice
(DJJ), the DHSMV, and the Department of Children and Families.
A person is designated as a sexual predator by a court if the person:
Has been convicted of a qualifying capital, life, or first degree felony sex offense committed
on or after October 1, 1993;6
Has been convicted of a qualifying sex offense committed on or after October 1, 1993, and
has a prior conviction for a qualifying sex offense; or
Was found to be a sexually violent predator in a civil commitment proceeding.7
A person is classified as a sexual offender if the person:
Has been convicted of a qualifying sex offense and has been released on or after October 1,
1997, from the sanction imposed for that offense;
Establishes or maintains a Florida residence and is subject to registration or community or
public notification in another state or jurisdiction or is in the custody or control of, or under
the supervision of, another state or jurisdiction as a result of a conviction for a qualifying sex
offense; or
On or after July 1, 2007, has been adjudicated delinquent of a qualifying sexual battery or
lewd offense committed when the juvenile was 14 years of age or older.8
Requirements for registration and reregistration are similar for sexual predators and sexual
offenders, but the frequency of reregistration may differ.9 Registration requirements may also
differ based on a special status, e.g., the sexual predator or sexual offender is in the DOC’s
control or custody, under the DOC’s or the DJJ’s supervision, or in a residential commitment
program under the DJJ.
4
Sections 775.21 and 943.0435, F.S.
5
Sections 775.21-775.25, 943.043-943.0437, 944.606, 944.607, and 985.481-985.4815, F.S.
6
Examples of qualifying sex offenses are sexual battery by an adult on a child under 12 years of age (s. 794.011(2)(a), F.S.)
and lewd battery by an adult on a child 12 years of age or older but under 16 years of age (s. 800.04(4)(a), F.S.).
7
Section 775.21(4) and (5), F.S. The Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment
and Care Act, part V, ch. 394, F.S., provides for the civil confinement of a group of sexual offenders who, due to their
criminal history and the presence of mental abnormality, are found likely to engage in future acts of sexual violence if they
are not confined in a secure facility for long-term control, care, and treatment.
8
Sections 943.0435(1)(h) and 985.4815(1)(h), F.S. Sections 944.606(1)(f) and 944.607(1)(f), F.S., which address sexual
offenders in the custody of or under the DOC’s supervision, also define the term “sexual offender.”
9
All sexual predators, sexual offenders convicted for offenses specified in s. 943.0435(14)(b), F.S., and juvenile sexual
offenders required to register per s. 943.0435(1)(h)1.d., F.S., for certain offenses must reregister four times per year (on the
birth month of the sexual predator or qualifying sexual offender and every third month thereafter). Sections 775.21(8)(a),
943.0435(14)(b), 944.607(13)(a), and 985.4815(13)(a), F.S. All other sexual offenders are required to reregister two times
per year (on the birth month of the qualifying sexual offender and during the sixth month following the sexual offender’s
birth month). Section 943.0435(14)(a), F.S.
BILL: CS/SB 1230 Page 4
Sexual predators and sexual offenders are required to report at registration and reregistration
certain information, including but not limited to, physical characteristics, relevant sex offense
history, and information on residence, vehicles/vessels owned, and travel. The FDLE, through its
agency website, provides a searchable database that includes some of this information.10 Further,
local law enforcement agencies may also provide access to this information, such as providing a
link to the state public registry webpage.
FDLE’s Online System
The FDLE is required to establish an online system through which sexual predators and sexual
offenders may securely access, submit, and update all 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; and
institution of higher education information.11
A sexual predator or sexual offender must register all electronic mail addresses and Internet
identifiers, and each Internet identifier’s corresponding website homepage or application
software name, with the FDLE through the FDLE’s online system or in person at the sheriff’s
office within 48 hours after using such electronic mail addresses and Internet identifiers. If the
sexual predator or sexual offender is in the custody or control, or under the supervision, of the
DOC, he or she must report all electronic mail addresses and Internet identifiers, and each
Internet identifier’s corresponding website homepage or application software name, to the DOC
before using such electronic mail addresses or Internet identifiers. If the sexual predator or
sexual offender is in the custody or control, or under the supervision, of the DJJ, he or she must
report all electronic mail addresses and Internet identifiers, and each Internet identifier’s
corresponding website homepage or application software name, to the DJJ before using such
electronic mail addresses or Internet identifiers.12
A sexual predator or sexual offender must register all changes to home telephone numbers and
cellular telephone numbers, including added and deleted numbers, all changes to employment
information, and all changes in status related to enrollment, volunteering, or employment at
institutions of higher education in the same manner previously described.13
Currently, the law does not specify that a sexual predator and sexual offender may report
changes to vehicles owned through FDLE’s online system. The FDLE notes that “[c]urrent law
requires sexual offenders and predators to report in-person to the sheriff’s office within 48 hours
after any change in vehicle owned. While vehicle information is incredibly important to law
enforcement, the mandate to have every change to this information reported in-person to the
10
The FDLE is the central repository for registration information. The department also maintains the state public registry and
ensures Florida’s compliance with federal laws. The Florida sheriffs handle in-person registration and reregistration. The
FDLE maintains a database that allows members of the public to search for sexual offenders and sexual predators through a
variety of search options, including name, neighborhood, and enrollment, employment, or volunteer status at an institute of
higher education. See http://offender.fdle.state.fl.us/offender/Search.jsp (last visited on Mar. 4, 2021).
11
Sections 775.21(6)(g)5.c. and 943.0435(4)(e)3., F.S.
12
Sections 775.21(6)(g)5.a. and 943.0435(4)(e)1., F.S.
13
Sections 775.21(6)(g)5.b. and 943.0435(4)(e)2., F.S.
BILL: CS/SB 1230 Page 5
sheriff’s office has created a significant burden.”14 Further, according to the FDLE, “[a]llowing
registrants the option to report their vehicle information and address changes online will
facilitate faster access to this critical information and reduce the impact on sheriff’s offices.”15
Reporting when Driver License or State Identification is Renewed and Reporting Change of
Residence or Name
Within 48 hours after initial registration with the sheriff’s office, a sexual predator or sexual
offender who is not incarcerated and who resides in the community, including a sexual predator
under the supervision of the DOC, must register in person at a driver license office of the
DHSMV and present proof of registration unless a driver license or an identification card that
complies with the requirements of s. 322.141(3), F.S., was previously secured or updated under
s. 944.607, F.S.16
At the driver license office the sexual predator or sexual offender must do all of the following:
If otherwise qualified, secure a Florida driver license, renew a Florida driver license, or
secure an identification card.
Identify himself or herself as a sexual predator or sexual offender who is required to register,
provide his or her place of permanent, temporary, or transient residence, including a rural
route address and a post office box, and submit to the taking of a photograph for use in
issuing a driver license, a renewed license, or an identification card, and for use by the FDLE
in maintaining current records of sexual predators. (There are registration requirements for
other places of residence such as mobile homes and vessels.)
Pay the costs assessed by the DHSMV for issuing or renewing a driver license or an
identification card.
Provide, upon request, any additional information necessary to confirm the identity of the
sexual predator, including a set of fingerprints.17
Each time a sexual predator’s or sexual offender’s driver license or identification card is subject
to renewal, and, without regard to the status of the predator’s or offender’s driver license or
identification card, within 48 hours after any change of the predator’s or offender’s residence or
change in the predator’s or offender’s name by reason of marriage or other legal process, the
predator or offender must report in person to a driver license office and is subject to the
requirements previously described. The DHSMV must forward to the FDLE and the DOC all
photographs and information provided by sexual predators or sexual offenders.18
A sexual predator or sexual offender who is unable to secure or update a driver license or an
identification card with the DHSMV as previously described must also report any change of the
predator’s or offender’s residence or change in the predator’s or offender’s name by reason of
marriage or other legal process within 48 hours after the change to the sheriff’s office in the
county where the predator resides or is located and provide confirmation that he or she reported
14
Registry Amendments – Talking Points, Florida Department of Law Enforcement (on file with the Senate Committee on
Criminal Justice).
15
Id.
16
Section 775.021(6)(f) and 943.0435(3), F.S.
17
Id.
18
Sections 775.021(6)(g)1. and 943.0435(4), F.S.
BILL: CS/SB 1230 Page 6