HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1235 Sexual Offenders or Sexual Predators
SPONSOR(S): Judiciary Committee, Criminal Justice Subcommittee, Baker
TIED BILLS: IDEN./SIM. BILLS: SB 1230
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 17 Y, 0 N, As CS Padgett Hall
2) Judiciary Committee 20 Y, 0 N, As CS Padgett Kramer
SUMMARY ANALYSIS
CS/CS/HB 1235 makes several changes to ss. 775.21 and 943.0435, F.S., relating to the registration requirements
for sexual predators and sexual offenders and penalties for noncompliance, including by:
Amending s. 775.21(2), F.S., to clarify the definitions of “permanent residence,” “temporary residence,” and
“transient residence.”
Amending ss. 775.21(6)(a)1.d. and 943.0435(2)(b)3., F.S., to authorize a sexual predator or sexual offender to
use the Florida Department of Law Enforcement’s (FDLE) online reporting system to report any changes in
vehicles owned.
Amending ss. 775.21(6)(g)2.b. and 943.0435(4)(b)2., F.S., to require a sheriff to electronically submit to FDLE
the addresses and locations where a sexual predator or sexual offender maintain s a transient residence within
two business days after a sexual predator or sexual offender provides such information to the sheriff’s office.
Amending ss. 775.21(6)(i) and 943.0435(7), F.S, to require a sexual offender or sexual predator who intends to
establish a permanent, temporary, or transient residence in another state or jurisdiction other than Florida to
report such an intention at least, rather than within, 48 hours before the date he or she intends to leave the
state, and to report to the sheriff’s office as soon as possible before departure any travel that is not known by the
sexual predator or sexual offender 48 hours before he or she intends to establish a residence in another state or
jurisdiction or 21 days before the departure date for travel outside the United States.
Amending s. 775.21(10)(a), F.S., to specify that a sexual predator who fails to respond to any address
verification correspondence from a county or local law enforcement agency commits a third degree felony and
that each instance of a sexual predator’s failure to register or report changes to the required registration
information constitutes a separate offense.
Amending s. 943.0435, F.S., to require, if a sexual offender is in the custody of a local jail, the cus todian of the
local jail to register the sexual offender within three business days after the intake and forward such registration
to FDLE after his or her release, to take a digitized photograph of the sexual offender while he or she is in
custody and forward such photograph to FDLE, and to notify FDLE if the sexual offender escapes from custody
or dies.
Amending s. 943.0435(9)(a), F.S., relating to a sexual offender’s noncompliance with registration and reporting
requirements, to mirror the language in s. 775.21(10), F.S., for a sexual predator, and providing that each
instance of a sexual offender’s failure to register or report changes to the required registration information
constitutes a separate offense.
Amending s. 943.0435(11), F.S., to require that FDLE receive notice of a petition for removal of sexual offender
registration requirements three weeks prior to a hearing and to authorize FDLE to present evidence in
opposition to such a petition.
According to FDLE, the bill may have a positive fiscal impact on state government expenditures by requiring FDLE
to update sexual predator and sexual offender registration forms, the Florida sexual predator and sexual offender
website and other criminal justice websites, and training materials. However, FDLE es timates such updates can be
absorbed within existing resources. The bill may have a positive fiscal impact on local government expenditures by
requiring local law enforcement agencies to update sexual offender and sexual predator documentation, policies
and procedures, and training manuals.
The bill provides an effective date of October 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1235c.JDC
DATE: 2/7/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Sexual Offenders and Sexual Predators
Sexual Offenders
Under Florida law, a person is a sexual offender if he or she is convicted of a qualifying offense and:
Was released on or after October 1, 1997, from the criminal sanction resulting from a qualifying
conviction.1 A sanction imposed in this state or in any other jurisdiction includes, but is not
limited to:
o Probation,
o Community control,
o Parole,
o Conditional release,
o Control release, or
o Incarceration in a state prison, federal prison, private correctional facility, or local
detention facility.
Establishes or maintains a residence in Florida and has not been designated a sexual predator
by a court of this state but has been designated a sexual predator, sexually violent predator, or
another sexual offender designation in another state or jurisdiction, if such designation subjects
or would subject him or her to registration or public notification in that state or jurisdiction. 2
Establishes or maintains a residence in this state and is in the custody or control of, or under
the supervision of, any other state or jurisdiction as a result of a qualifying conviction.3
Has been adjudicated delinquent on or after July 1, 2007, for a qualifying offense, if the juvenile
was at least 14 years old at the time he or she committed the offense. 4
Is in the custody or control of, or under the supervision of, the Department of Corrections (DOC)
or is in the custody of a private correctional facility.5
Qualifying convictions for sexual offender designation include:
Sexual misconduct with an individual with a developmental disability; 6
Sexual misconduct with a mental health patient by an employee; 7
Kidnapping or false imprisonment, where the victim is a minor and there is a sexual component
to the crime;8
Luring or enticing a child, with a prior sexual conviction; 9
Human trafficking;10
Sexual battery;11
Unlawful sexual activity with minors;12
Lewd or lascivious battery, molestation, conduct, or exhibition; 13
Video voyeurism with a prior video voyeurism conviction; 14
1 S. 943.0435(1)(h)1.a.(II), F.S.
2
S. 934.0435(1)(h)1.b., F.S.
3 S. 934.0435(1)(h)1.c., F.S.
4 S. 934.0435(1)(h)1.d., F.S.
5 S. 944.607(1)(f), F.S.
6 S. 393.135(2), F.S.
7 S. 394.4593(2), F.S.
8 Ss. 787.01 and 787.02, F.S.
9 S. 787.025(2), F.S.
10 Ss. 787.06(3)(b), (d), (f), or (g), F.S.
11 S. 794.011, excluding s. 794.011(10), F.S.
12 S. 794.05, F.S.
13 S. 800.04, F.S.
14 S. 810.145(8), F.S.
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Lewd or lascivious offense on an elderly person; 15
Sexual performance by a child;16
Providing obscene materials to a minor;17
Computer pornography involving minors;18
Soliciting a minor over the Internet;19
Traveling to meet minors;20
Lewd or lascivious exhibition over the Internet;21
Transmission of child pornography by electronic device or equipment;22
Transmission of material harmful to minors;23
Selling or buying minors to engage in sexually explicit conduct; 24
Racketeering involving at least one sexual offense;25
Sexual misconduct with a forensic client;26 and
Sexual misconduct by an employee on a juvenile offender.27
Qualifying delinquency adjudications for sexual offender designation include:
Sexual battery;28
Lewd or lascivious battery by encouraging, forcing, or enticing any person under 16 years old to
engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving
sexual activity,29 if either the:
o Victim is under 12 years old; or
o Court finds sexual activity by the use of force or coercion;
Lewd or lascivious molestation against a victim less than 12 years old,30 if the court finds
molestation involving unclothed genitals;
Lewd or lascivious molestation against a victim at least 12 years old but less than 16 years
old,31 if the court finds both:
o Use of force or coercion; and
o Unclothed genitals.
Sexual Predators
A person is a sexual predator in Florida if he or she:
Was convicted of a qualifying offense committed on or after October 1, 1993; and
Has not received a pardon or otherwise had the conviction set aside for the qualifying offense.
15 S. 825.1025, F.S.
16 S. 827.071, F.S.
17 S. 847.0133, F.S.
18 S. 847.0135(2), F.S.
19
S. 847.0135(3), F.S.
20 S. 847.0135(4), F.S.
21 S. 847.0135(5), F.S.
22 S. 847.0137, F.S.
23 S. 847.0138, F.S.
24 S. 847.0145, F.S.
25 S. 895.03, F.S.
26 S. 916.1075(2), F.S.
27 S. 985.701(1), F.S.
28 S. 794.011, F.S.
29 S. 800.04(4)(a)2., F.S.
30 S. 800.04(5)(c)1., F.S.
31 S. 800.04(5)(d), F.S.
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Qualifying convictions for sexual predator designation include:
Capital, life, or first degree felony kidnapping or false imprisonment, when the victim is a minor
and there is a sexual component to the crime;32
Capital, life, or first degree felony sexual battery;33
Capital, life, or first degree felony lewd or lascivious battery or molestation; 34
Capital, life, or first degree felony selling or buying minors to engage in sexually explicit
conduct;35
An offense that would require registration as a sexual offender, other than transmission of child
pornography by electronic device or transmission of material harmful to minors, by a person with
a prior conviction for a sexual offense;36 or
A conviction for a similar offense committed in another jurisdiction. 37
The court must make written findings designating a person who meets the criteria as a sexual
predator.38
Registration Requirements Sexual Offenders and Sexual Predators
Initial Registration
Current law requires all sexual offenders and sexual predators to comply with a number of statutory
registration requirements. A sexual offender 39 must register:
With DOC if the sexual offender is under the supervision of DOC but not incarcerated within
three business days after being sentenced for a qualifying offense. 40
In person at his or her local sheriff’s office within 48 hours of:
o Establishing a permanent, temporary, or transient residence in Florida; or
o Being released from the custody, control, or supervision of DOC or from the custody of a
private correctional facility.41
A sexual predator must register:
With DOC if the sexual predator is in DOC’s custody or control, under DOC’s supervision, or in
the custody of a private correctional facility;42
o If the sexual predator is under DOC’s supervision but not in custody, he or she mus t
register within three days of the court designating him or her as a sexual predator; 43
With the custodian of the local jail, within three days of the court designating him or her as a
sexual predator, if the sexual predator is in the custody of a local jail;44
In person at the sheriff’s office in the county where:
o The sexual predator establishes or maintains a residence within 48 hours of establishing
or maintaining a residence in Florida;45 or
o The sexual predator was designated a sexual predator within 48 hours after such finding
is made.46
32 Ss. 787.01 and 787.02, F.S.; Raines v. State, 805 So.2d 999 (Fla. 4th DCA 2001).
33 Supra, note 28.
34 S. 800.04, F.S.
35
Supra, note 24.
36 S. 775.21(4)(a)1.b., F.S.
37 S. 775.21(4), F.S.
38 Ss. 775.21(4)(c) and 775.21(5), F.S.
39 A juvenile sexual offender who is under the care or custody of the Department of Juvenile Justice is subject to separate regi stration
requirements under s. 985.4815, F.S.
40 S. 944.607(4), F.S.
41 S. 943.0435(2)(a)1., F.S.
42 S. 775.21(6)(b), F.S.
43 Id.
44 S. 775.21(6)(c), F.S.
45 S. 775.21(6)(e)a., F.S.
46 S. 775.21(6)(2)b., F.S.
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Additionally, within 48 hours of registration, a sexual offender or a sexual predator who is not
incarcerated and resides in the community must register in person at a driver license office of the
Department of Highway Safety and Motor Vehicles (DHSMV) and:
Secure a Florida driver license, renew a Florida driver license, or secure an identification card, if
otherwise qualified;
Identify himself or herself as a sexual offender or sexual predator;
Provide his or her permanent, temporary, or transient residence; and
Submit to a photograph.47
Information Required for Registration
During his or her initial registration, the sexual offender or sexual predator must provide the following
information:
Name;
Date of birth;
Social Security number;
Race;
Sex;
Height and weight;
Hair and eye color;
Tattoos or other identifying marks;
Fingerprints and palm prints;
Photograph;
Employment information;
Address of permanent or legal residence;
Address of any current temporary residence;
Address, location, or description of any transient residence, if the person does not have a
permanent or temporary address;
Dates of any current or known future temporary residence within the state or out of state;
Make, model, color, vehicle information number, and license tag number of all vehicles owned;
Home and cellular telephone numbers;
Electronic mail addresses;
Internet identifiers and each Internet identifier’s corresponding website homepage or application
software name;
Date and place of each conviction and a brief description of the crime or crimes committed by
the offender;
Information about immigration status, if the person is an alien;
Information about any professional licenses;
Vehicle identification number, license tag number, registration number, and a description of a
motor vehicle, trailer, mobile home, or manufactured home, if it is the person’s residence;
Hull identification number, manufacturer’s serial number, name, registration number, and
description of a vessel, live-aboard vessel, or houseboat, if it is the person’s residence; and
Enrollment, volunteer, or employment status at an institution of higher education and the name
and address of the institution, if applicable.48
Continuing Reporting Requirements
A sexual offender or sexual predator must report in person to reregister at specified intervals:
Twice a year for most sexual offenders;49
Four times a year for all sexual predators, some sexual offenders, and all juvenile sexual
offenders;50 or
47 S. 775.21(6)(f)1., F.S.
48 Ss. 775.21(6)(a) and 943.0435(2)(b), F.S.
49 S. 943.0435(14), F.S.
50 Ss. 775.21(8)(a) and 943.0435(14), F.S.
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Every 30 days for a sexual offender or sexual predator with a transient residence.51
A sexual offender or sexual predator must report the following information within 48 hours:
In person, to the sheriff’s office:
o Change in the offender’s permanent, temporary, or transient residence;
o Change in the offender’s name, by reason of marriage or other legal process;
o When the offender vacate