HB 0037 2003
1	CHAMBER ACTION
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6	The Committee on Public Safety and Crime Prevention recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to sexual offenders; amending s. 947.1405,
13	F.S.; prohibiting certain sexual offenders subject to
14	conditional release supervision from living within a
15	specified distance of certain places where children
16	congregate; prohibiting district school boards from
17	establishing school bus stops within 1,000 feet of the
18	existing residence of persons prohibited from living
19	within 1,000 feet of a school bus stop; providing that
20	failure of the district to comply with such provision
21	shall not result in a violation by the resident; creating
22	s. 794.065, F.S.; prohibiting persons convicted of certain
23	sex crimes from residing within 1,000 feet of a school,
24	day care center, park, or playground; amending s. 1006.22,
25	F.S.; requiring district school boards to notify the
26	Department of Corrections regarding school bus stop
27	locations; providing an effective date.
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29	Be It Enacted by the Legislature of the State of Florida:
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31	Section 1. Paragraph (a) of subsection (7) of section
32	947.1405, Florida Statutes, is amended to read:
33	947.1405 Conditional release program.--
34	(7)(a) Any inmate who is convicted of a crime committed on
35	or after October 1, 1995, or who has been previously convicted
36	of a crime committed on or after October 1, 1995, in violation
37	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
38	subject to conditional release supervision, shall have, in
39	addition to any other conditions imposed, the following special
40	conditions imposed by the commission:
41	1. A mandatory curfew from 10 p.m. to 6 a.m. The
42	commission may designate another 8-hour period if the offender's
43	employment precludes the above specified time, and such
44	alternative is recommended by the Department of Corrections. If
45	the commission determines that imposing a curfew would endanger
46	the victim, the commission may consider alternative sanctions.
47	2. If the victim was under the age of 18, a prohibition on
48	living within 1,000 feet of a school, day care center, park,
49	playground, designated public school bus stop,or other place
50	where children regularly congregate. A releasee who is subject
51	to the provisions of this subparagraph may not relocate to a
52	residence that is within 1,000 feet of a public school bus stop.
53	Beginning October 1, 2003, neither the commission nor the
54	department shall approve a residence that is located within
55	1,000 feet of a school, day care center, park, playground,
56	designated school bus stop, or other place where children
57	regularly congregate for any releasee who is subject to the
58	provisions of this subparagraph. If, on October 1, 2003, any
59	public school bus stop is located within 1,000 feet of the
60	existing residence of such releasee, the district school board
61	shall relocate such school bus stop. Beginning October 1, 2003,
62	a district school board shall not establish or relocate a public
63	school bus stop within 1,000 feet of the existing residence of a
64	releasee who is subject to the provisions of this subparagraph.
65	The failure of the district school board to comply with the
66	provisions of this subparagraph shall not result in a violation
67	of conditional release supervision.
68	3. Active participation in and successful completion of a
69	sex offender treatment program with therapists specifically
70	trained to treat sex offenders, at the releasee's own expense.
71	If a specially trained therapist is not available within a 50-
72	mile radius of the releasee's residence, the offender shall
73	participate in other appropriate therapy.
74	4. A prohibition on any contact with the victim, directly
75	or indirectly, including through a third person, unless approved
76	by the victim, the offender's therapist, and the sentencing
77	court.
78	5. If the victim was under the age of 18, a prohibition
79	against direct contact or association with children under the
80	age of 18 until all of the following conditions are met:
81	a. Successful completion of a sex offender treatment
82	program.
83	b. The adult person who is legally responsible for the
84	welfare of the child has been advised of the nature of the
85	crime.
86	c. Such adult person is present during all contact or
87	association with the child.
88	d. Such adult person has been approved by the commission.
89	6. If the victim was under age 18, a prohibition on
90	working for pay or as a volunteer at any school, day care
91	center, park, playground, or other place where children
92	regularly congregate, as prescribed by the commission.
93	7. Unless otherwise indicated in the treatment plan
94	provided by the sexual offender treatment program, a prohibition
95	on viewing, owning, or possessing any obscene, pornographic, or
96	sexually stimulating visual or auditory material, including
97	telephone, electronic media, computer programs, or computer
98	services that are relevant to the offender's deviant behavior
99	pattern.
100	8. A requirement that the releasee must submit two
101	specimens of blood to the Florida Department of Law Enforcement
102	to be registered with the DNA database.
103	9. A requirement that the releasee make restitution to the
104	victim, as determined by the sentencing court or the commission,
105	for all necessary medical and related professional services
106	relating to physical, psychiatric, and psychological care.
107	10. Submission to a warrantless search by the community
108	control or probation officer of the probationer's or community
109	controllee's person, residence, or vehicle.
110	Section 2. Section 794.065, Florida Statutes, is created
111	to read:
112	794.065 Unlawful place of residence for persons convicted
113	of certain sex offenses.--
114	(1) It is unlawful for any person who has been convicted
115	of a violation of s. 794.011, s. 794.05, s. 800.04, s. 827.071,
116	or s. 847.0145, regardless of whether adjudication has been
117	withheld, in which the victim of the offense was less than 16
118	years of age, to reside within 1,000 feet of any school, day
119	care center, park, or playground. A person who violates this
120	section and whose conviction for s. 794.011, s. 794.05, s.
121	800.04, s. 827.071, or s. 847.0145 was classified as a felony of
122	the first degree or higher commits a felony of the third degree,
123	punishable as provided in s. 775.082 or s. 775.083. A person
124	who violates this section and whose conviction for s. 794.011,
125	s. 794.05, s. 800.04, s. 827.071, or s. 847.0145 was classified
126	as a felony of the second or third degree commits a misdemeanor
127	of the first degree, punishable as provided in s. 775.082 or s.
128	775.083.
129	(2) This section shall apply to any person convicted of a
130	violation of s. 794.011, s. 794.05, s. 800.04, s. 827.071, or s.
131	847.0145 for offenses that occur on or after October 1, 2003.
132	Section 3. Paragraph (c) of subsection (12) of section
133	1006.22, Florida Statutes, is amended to read:
134	1006.22 Safety and health of students being
135	transported.--Maximum regard for safety and adequate protection
136	of health are primary requirements that must be observed by
137	district school boards in routing buses, appointing drivers, and
138	providing and operating equipment, in accordance with all
139	requirements of law and rules of the State Board of Education in
140	providing transportation pursuant to s. 1006.21:
141	(12)
142	(c) Each district school board shall establish school bus
143	stops, or provide by district school board rule for the
144	establishment of school bus stops, as necessary at the most
145	reasonably safe locations available. Each district school board
146	shall provide to the Department of Corrections the location of
147	such school bus stops.Where unusual traffic hazards exist at
148	school bus stops on roads maintained by the state outside of
149	municipalities, the Department of Transportation, in concurrence
150	and cooperation with and upon request of the district school
151	board, shall place signs at such bus stops warning motorists of
152	the location of the stops.
153	Section 4. This act shall take effect October 1, 2003.