State: Bill would classify sexual predators

TAMPA -- Rape victims, police and lawmakers were shocked last month when a state appeals court ruled that Florida's sexual predator law was unconstitutional.

The law -- which allows the state to identify sexual predators and their addresses on an Internet registry -- violates the constitution because it does not require a hearing to determine how much of a threat an offender is to a community, a three-judge panel said.

Afraid that the state's Internet registry may eventually be taken down, a lawmaker, a probation officer and a group of concerned Hillsborough County residents are backing a bill this legislative session that would require law enforcement to classify each predator based on their threat level.

"We're trying to clearly define the threat so we don't lose the registry," said state Sen. Victor Crist, R-Tampa, who wrote the bill with the help of Paul Wells, a probation officer who monitors sex offenders in Hillsborough County.

The Florida Department of Law Enforcement's Internet registry currently lists the photographs, names and addresses of anyone who has been charged with a sex crime. Because so many defendants plea bargain their cases to a lesser charge and because the Web site does not contain details of the cases, it is unclear how much of a danger to the community each person is, Crist said.

The appeals court's ruling affects the 3,500 felons listed as sexual predators; it has no impact on the 28,000 felons designated as sexual offenders, a less serious classification.

Victims' rights activists and families of victims say any information on potentially dangerous criminals is useful, especially if the predators are living near kids. Many read the registry to discover where sexual predators are living in their neighborhoods.

Judy Cornett, the mother of a rape victim, visits the Web site frequently to find out where her son's attacker, Kevin Kinder, is living.

Cornett is livid at the idea of the Web site being taken down.

"Without the Web site, you won't be able to know where these people are," said Cornett, who lives in Pasco County.

Cornett is holding a rally at 8 a.m. at the Hillsborough County Courthouse annex to protest the appellate court's decision and to support Crist's bill.

If passed, the bill would force the FDLE to classify sexual predators based on five levels, from least to most dangerous:

Level 1: An offender who was within 10 years of the age of his or her underage victim and the sexual activity was consensual.

Level 2: An offender who was in possession of child pornography at the time of his or her arrest for the offense.

Level 3: An offender who was under the custody or supervision of the Department of Corrections at the time of the offense.

Level 4: An offender who contacted the victim through use of the Internet, traveled to meet the victim but did not have direct contact with the victim; for instance, if the offender spoke with an undercover officer posing as a child online, and then tried to meet with that "child."

Level 5: An offender who has committed any prior offense for which the offender may be designated as a sexual predator; for instance, if someone had already served a prison sentence for sexual battery.

With the proposed classification, Crist said, "you won't have a guy who is just a peeping tom lumped in with someone who is a rapist."

Dr. Leo P. Cotter, director of Sexual Health through Awareness, Rehabilitation and Education (SHARE) in Pinellas and Hillsborough counties, said many therapists who work with sex offenders back the bill.

"Categorizing people by risk, rather than lumping people together in one level of risk, is better," he said.

State Attorney General Charlie Crist's office has filed an appeal to the court ruling, requesting a rehearing.

"People do have a right to protect themselves," said Robert Sparks, director of external affairs at the Attorney General's office. "And the state of Florida is much much better off with this law than without it."

Sparks said it is possible the appellate ruling will wind up at the state Supreme Court; the U.S. Supreme Court is considering similar issues surrounding Megan's Law in other states.

Megan's Law -- named for the 7-year-old New Jersey girl who was raped and killed by a convicted sex offender living in her neighborhood -- requires predators to register with police agencies. Each state handles those registration procedures differently.

An FDLE spokesman said the agency has no plans to take the Web site down. Gov. Jeb Bush has vowed to continue the site until all appeals are exhausted.

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Lucy Morgan

From the Times state desk