An offender is designated as a sexual predator as follows: (a)1. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The sheriff's office may determine the appropriate times and days for reporting by the sexual predator, which shall be consistent with the reporting requirements of this paragraph. The court did not, for whatever reason, make a written finding at the time of sentencing that the offender was a sexual predator; or. A sexual predator who reports his or her intent to reside in another state or jurisdiction, but who remains in this state without reporting to the sheriff in the manner required by this paragraph, commits a felony of the second degree, punishable as provided in s. Leon county sheriff's office booking report card. 084.
Any change in the sexual predator's permanent or temporary residence or name, after the sexual predator registers in person at the sheriff's office, shall be accomplished in the manner provided in paragraphs (g), (i), and (j). Share this document. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. Notwithstanding the restrictions set forth in s. 322. 2000-349; s. 2002-58; s. Leon county jail daily booking report. 2004-371; s. 33, ch. Any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers when available. 21 The Florida Sexual Predators Act. Each time a sexual predator's driver's license or identification card is subject to renewal, and, without regard to the status of the predator's driver's license or identification card, within 48 hours after any change of the predator's residence or change in the predator's name by reason of marriage or other legal process, the predator shall report in person to a driver's license office and shall be subject to the requirements specified in paragraph (f). A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. If the court does not make a written finding that the offender is a sexual predator, the offender may not be designated as a sexual predator with respect to that offense and is not required to register or be registered as a sexual predator with the department. If the state attorney fails to establish that an offender meets the sexual predator criteria and the court does not make a written finding that an offender is a sexual predator, the offender is not required to register with the department as a sexual predator. F) Within 48 hours after the registration required under paragraph (a) or paragraph (e), a sexual predator who is not incarcerated and who resides in the community, including a sexual predator under the supervision of the Department of Corrections, shall register in person at a driver's license office of the Department of Highway Safety and Motor Vehicles and shall present proof of registration.
50% found this document not useful, Mark this document as not useful. Document Information. A) Law enforcement agencies must inform members of the community and the public of a sexual predator's presence. 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. As used in this section, the term: (a) "Chief of police" means the chief law enforcement officer of a municipality. Within 48 hours after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify each licensed day care center, elementary school, middle school, and high school within a 1-mile radius of the temporary or permanent residence of the sexual predator of the presence of the sexual predator. C) "Conviction" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. Each change in enrollment or employment status shall be reported in person at the sheriff's office, or the Department of Corrections if the sexual predator is in the custody or control of or under the supervision of the Department of Corrections, within 48 hours after any change in status.
A sexual predator who was designated as a sexual predator by a court on or after September 1, 2005, who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 30 years, and who has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court in the circuit in which the sexual predator resides for the purpose of removing the sexual predator designation. The offender has not received a pardon for any felony or similar law of another jurisdiction that is necessary for the operation of this paragraph; and. The sheriff shall promptly provide to the department the information received from the sexual predator. J) A sexual predator who indicates his or her intent to reside in another state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 48 hours after the date upon which the sexual predator indicated he or she would leave this state, report in person to the sheriff to which the sexual predator reported the intended change of residence, and report his or her intent to remain in this state. The photograph and fingerprints do not have to be stored in a computerized format.
At the driver's license office the sexual predator shall: 1. Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver's license or identification card as required by this section. The Department of Corrections, the department, or any other law enforcement agency shall not administratively designate an offender as a sexual predator without a written finding from the court that the offender is a sexual predator. A capital, life, or first-degree felony violation, or any attempt thereof, of s. 787. Click to expand document information. 071; s. 0145; or 1s. The sexual predator must provide to the sheriff the address, municipality, county, and state of intended residence. If the court finds that the offender meets the sexual predator criteria because the offender has violated a similar law or similar laws in another jurisdiction, the court shall make a written finding that the offender is a sexual predator. The state attorney shall bring the matter to the court's attention in order to establish that the offender meets the sexual predator criteria. 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; 2. C) If an offender has been registered as a sexual predator by the Department of Corrections, the department, or any other law enforcement agency and if: 1.
Any felony violation, or any attempt thereof, of s. 01, s. 02, or s. 025(2)(c), where the victim is a minor and the defendant is not the victim's parent; chapter 794, excluding ss. Whether the victim of the sexual predator's offense or offenses was, at the time of the offense, a minor or an adult. When the court makes a written finding that an offender is a sexual predator, the court shall inform the sexual predator of the registration and community and public notification requirements described in this section. A sexual predator who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the sheriff's office of the county in which he or she is located. A sexual predator who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the predator indicated he or she would or did vacate such residence, report in person to the sheriff's office to which he or she reported pursuant to subparagraph 2. for the purpose of reporting his or her address at such residence. The Internet notice shall include the information required by paragraph (a). 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. This section may be cited as "The Florida Sexual Predators Act. D) The department shall adopt a protocol to assist law enforcement agencies in their efforts to notify the community and the public of the presence of sexual predators. If the sexual predator is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual predator shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual predator's enrollment or employment status. Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual predator; or. Requiring sexual predators to register with the Florida Department of Law Enforcement, as provided in this section; and. Within 48 hours after the court designating an offender as a sexual predator, the clerk of the circuit court shall transmit a copy of the court's written sexual predator finding to the department. You are on page 1. of 2.
A) A sexual predator must report in person each year during the month of the sexual predator's birthday and during the sixth month following the sexual predator's birth month to the sheriff's office in the county in which he or she resides or is otherwise located to reregister. A sexual predator charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section.
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