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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. 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. 01 or s. 02, where the victim is a minor and the defendant is not the victim's parent, or of chapter 794, s. 800. The department's sexual predator registration list, containing the information described in subparagraph (a)1., is a public record. The Department of Corrections shall verify the addresses of sexual predators who are not incarcerated but who reside in the community under the supervision of the Department of Corrections. 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. A sexual predator who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register. A) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a "sexual predator" under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if: 1. Provides information to the law enforcement agency regarding the sexual predator which the person knows to be false information, commits a felony of the third degree, punishable as provided in s. 084. Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual predator; or. A capital, life, or first-degree felony violation, or any attempt thereof, of s. Leon county jail daily booking report. 787. 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.
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). This paragraph does not apply if the sexual predator is incarcerated in or is in the custody of a state correctional facility, a private correctional facility, a local jail, or a federal correctional facility. The custodian of the local jail shall also take a digitized photograph of the sexual predator while the sexual predator remains in custody and shall provide the digitized photograph to the department. 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. Leon county sheriff's office booking report card. E) "Entering the county" includes 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 enumerated in subsection (4). The court did not, for whatever reason, make a written finding at the time of sentencing that the offender was a sexual predator; or. D) An offender who has been determined to be a sexually violent predator pursuant to a civil commitment proceeding under chapter 394 shall be designated as a "sexual predator" under subsection (5) and subject to registration under subsection (6) and community and public notification under subsection (7). An offender is designated as a sexual predator as follows: (a)1. H) "Institution of higher education" means a career center, community college, college, state university, or independent postsecondary institution.
Substituted by the editors for a reference to s. 4045(1) to conform to the redesignation of s. 4045 as s. 701 by s. 98, ch. Everything you want to read. The system must be consistent with the provisions of the federal Jacob Wetterling Act, as amended, and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. Leon county booking report today. The department shall adopt guidelines as necessary regarding the registration of sexual predators and the dissemination of information regarding sexual predators as required by this section.
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. B) In order to be counted as a prior felony for purposes of this subsection, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony regardless of the date of offense of the prior felony. 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. The sexual predator shall identify himself or herself as a sexual predator who is required to comply with this section, provide his or her place of permanent or temporary 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's license, renewed license, or identification card, and for use by the department in maintaining current records of sexual predators. When the sheriff receives the report, the sheriff shall promptly convey the information to the department. The failure of a sexual predator to provide his or her intended place of residence is punishable as provided in subsection (10). Did you find this document useful?
The Internet notice shall include the information required by paragraph (a). G) Any person who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the requirements of this section: 1. 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. 5) SEXUAL PREDATOR DESIGNATION. The sexual predator must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent or temporary residence. The sexual predator must provide to the sheriff the address, municipality, county, and state of intended residence. Search inside document. 98-81; s. 98-267; s. 2000-207; s. 2000-246; s. 113, ch. 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.
B) The high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes: 1. The Department of Highway Safety and Motor Vehicles shall forward to the department and to the Department of Corrections all photographs and information provided by sexual predators. Requiring sexual predators to register with the Florida Department of Law Enforcement, as provided in this section; and. An offender who meets the sexual predator criteria described in paragraph (4)(a) who is before the court for sentencing for a current offense committed on or after October 1, 1993, is a sexual predator, and the sentencing court must make a written finding at the time of sentencing that the offender is a sexual predator, and the clerk of the court shall transmit a copy of the order containing the written finding to the department within 48 hours after the entry of the order; or. The material referenced is not within a subparagraph. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction.
Share with Email, opens mail client. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. Share on LinkedIn, opens a new window. 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. The circumstances of the sexual predator's offense or offenses; and. H) The department must notify the sheriff and the state attorney of the county and, if applicable, the police chief of the municipality, where the sexual predator maintains a residence. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; date and place of any employment; vehicle make, model, color, and license tag number; fingerprints; and photograph. 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. I) A sexual predator who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. 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. 50% found this document useful (2 votes). 21 The Florida Sexual Predators Act.
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. Statewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the department. You're Reading a Free Preview. The state attorney shall file a petition with the criminal division of the circuit court for the purpose of holding a hearing to determine if the offender's criminal record or record of civil commitment from another jurisdiction meets the sexual predator criteria. The state attorney shall bring the matter to the court's attention in order to establish that the offender meets the sexual predator criteria. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. 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. A description of the sexual predator, including a photograph; 3. If the sheriff is notified by the sexual predator that he or she intends to remain in this state, the sheriff shall promptly report this information to the department. The department must maintain hotline access for state, local, and federal law enforcement agencies to obtain instantaneous locator file and offender characteristics information on all released registered sexual predators for purposes of monitoring, tracking, and prosecution.
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. Providing for specialized supervision of sexual predators who are in the community by specially trained probation officers with low caseloads, as described in ss. Any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers when available. 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.
Click to expand document information. If otherwise qualified, secure a Florida driver's license, renew a Florida driver's license, or secure an identification card. Share or Embed Document. D) "Department" means the Department of Law Enforcement. E) An arrest on charges of failure to register, the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register when the predator has been provided and advised of his or her statutory obligation to register under subsection (6). C) The department shall notify the public of all designated sexual predators through the Internet. Requiring community and public notification of the presence of a sexual predator, as provided in this section. Providing for community and public notification concerning the presence of sexual predators.