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| 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 | |||