|
|
|
1
|
A bill to be entitled |
2
|
An act relating to sexual offenders; amending s. 947.1405, |
3
|
F.S.; prohibiting certain sexual offenders subject to |
4
|
conditional release supervision from living within a |
5
|
specified distance of certain places where children |
6
|
congregate; creating s. 794.065, F.S.; prohibiting persons |
7
|
convicted of certain sex crimes from residing within 1,000 |
8
|
feet of a school, day care center, park, or playground; |
9
|
amending s. 1006.22, F.S.; requiring district school |
10
|
boards to notify the Department of Corrections regarding |
11
|
school bus stop locations; providing an effective date. |
12
|
|
13
|
Be It Enacted by the Legislature of the State of Florida: |
14
|
|
15
|
Section 1. Paragraph (a) of subsection (7) of section |
16
|
947.1405, Florida Statutes, is amended to read: |
17
|
947.1405 Conditional release program.-- |
18
|
(7)(a) Any inmate who is convicted of a crime committed on |
19
|
or after October 1, 1995, or who has been previously convicted |
20
|
of a crime committed on or after October 1, 1995, in violation |
21
|
of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is |
22
|
subject to conditional release supervision, shall have, in |
23
|
addition to any other conditions imposed, the following special |
24
|
conditions imposed by the commission: |
25
|
1. A mandatory curfew from 10 p.m. to 6 a.m. The |
26
|
commission may designate another 8-hour period if the offender's |
27
|
employment precludes the above specified time, and such |
28
|
alternative is recommended by the Department of Corrections. If |
29
|
the commission determines that imposing a curfew would endanger |
30
|
the victim, the commission may consider alternative sanctions. |
31
|
2. If the victim was under the age of 18, a prohibition on |
32
|
living within 1,000 feet of a school, day care center, park, |
33
|
playground,designated public school bus stop,or other place |
34
|
where children regularly congregate.A school bus stop may not |
35
|
be established or relocated within a distance of less than 1,000 |
36
|
feet from the existing residence of a releasee. |
37
|
3. Active participation in and successful completion of a |
38
|
sex offender treatment program with therapists specifically |
39
|
trained to treat sex offenders, at the releasee's own expense. |
40
|
If a specially trained therapist is not available within a 50- |
41
|
mile radius of the releasee's residence, the offender shall |
42
|
participate in other appropriate therapy. |
43
|
4. A prohibition on any contact with the victim, directly |
44
|
or indirectly, including through a third person, unless approved |
45
|
by the victim, the offender's therapist, and the sentencing |
46
|
court. |
47
|
5. If the victim was under the age of 18, a prohibition |
48
|
against direct contact or association with children under the |
49
|
age of 18 until all of the following conditions are met: |
50
|
a. Successful completion of a sex offender treatment |
51
|
program. |
52
|
b. The adult person who is legally responsible for the |
53
|
welfare of the child has been advised of the nature of the |
54
|
crime. |
55
|
c. Such adult person is present during all contact or |
56
|
association with the child. |
57
|
d. Such adult person has been approved by the commission. |
58
|
6. If the victim was under age 18, a prohibition on |
59
|
working for pay or as a volunteer at any school, day care |
60
|
center, park, playground, or other place where children |
61
|
regularly congregate, as prescribed by the commission. |
62
|
7. Unless otherwise indicated in the treatment plan |
63
|
provided by the sexual offender treatment program, a prohibition |
64
|
on viewing, owning, or possessing any obscene, pornographic, or |
65
|
sexually stimulating visual or auditory material, including |
66
|
telephone, electronic media, computer programs, or computer |
67
|
services that are relevant to the offender's deviant behavior |
68
|
pattern. |
69
|
8. A requirement that the releasee must submit two |
70
|
specimens of blood to the Florida Department of Law Enforcement |
71
|
to be registered with the DNA database. |
72
|
9. A requirement that the releasee make restitution to the |
73
|
victim, as determined by the sentencing court or the commission, |
74
|
for all necessary medical and related professional services |
75
|
relating to physical, psychiatric, and psychological care. |
76
|
10. Submission to a warrantless search by the community |
77
|
control or probation officer of the probationer's or community |
78
|
controllee's person, residence, or vehicle. |
79
|
Section 2. Section 794.065, Florida Statutes, is created |
80
|
to read: |
81
|
794.065 Unlawful place of residence for persons convicted |
82
|
of certain sex offenses.-- |
83
|
(1) It is unlawful for any person who has been convicted |
84
|
of a violation of s. 794.011, s. 794.05, s. 800.04, s. 827.071, |
85
|
or s. 847.0145, regardless of whether adjudication has been |
86
|
withheld, in which the victim of the offense was less than 16 |
87
|
years of age, to reside within 1,000 feet of any school, day |
88
|
care center, park, or playground. A person who violates this |
89
|
section and whose conviction for s. 794.011, s. 794.05, s. |
90
|
800.04, s. 827.071, or s. 847.0145 was classified as a felony of |
91
|
the first degree or higher commits a felony of the third degree, |
92
|
punishable as provided in s. 775.082 or s. 775.083. A person |
93
|
who violates this section and whose conviction for s. 794.011, |
94
|
s. 794.05, s. 800.04, s. 827.071, or s. 847.0145 was classified |
95
|
as a felony of the second or third degree commits a misdemeanor |
96
|
of the first degree, punishable as provided in s. 775.082 or s. |
97
|
775.083. |
98
|
(2) This section shall apply to any person convicted of a |
99
|
violation of s. 794.011, s. 794.05, s. 800.04, s. 827.071, or s. |
100
|
847.0145 for offenses that occur on or after October 1, 2003. |
101
|
Section 3. Paragraph (c) of subsection (12) of section |
102
|
1006.22, Florida Statutes, is amended to read: |
103
|
1006.22 Safety and health of students being |
104
|
transported.--Maximum regard for safety and adequate protection |
105
|
of health are primary requirements that must be observed by |
106
|
district school boards in routing buses, appointing drivers, and |
107
|
providing and operating equipment, in accordance with all |
108
|
requirements of law and rules of the State Board of Education in |
109
|
providing transportation pursuant to s. 1006.21: |
110
|
(12) |
111
|
(c) Each district school board shall establish school bus |
112
|
stops, or provide by district school board rule for the |
113
|
establishment of school bus stops, as necessary at the most |
114
|
reasonably safe locations available.Each district school board |
115
|
shall provide to the Department of Corrections the location of |
116
|
such school bus stops.Where unusual traffic hazards exist at |
117
|
school bus stops on roads maintained by the state outside of |
118
|
municipalities, the Department of Transportation, in concurrence |
119
|
and cooperation with and upon request of the district school |
120
|
board, shall place signs at such bus stops warning motorists of |
121
|
the location of the stops. |
122
|
Section 4. This act shall take effect October 1, 2003. |
123
|
|