Bill Text: HB 0037, Engrossed 1

HB 0037, Engrossed 1

2003

A bill to be entitled

An act relating to sexual offenders; amending s. 947.1405,

F.S.; prohibiting certain sexual offenders subject to

conditional release supervision from living within a

specified distance of certain places where children

congregate; prohibiting district school boards from

establishing school bus stops within 1,000 feet of the

existing residence of persons prohibited from living

within 1,000 feet of a school bus stop; providing that

failure of the district to comply with such provision

shall not result in a violation by the resident; creating

s. 794.065, F.S.; prohibiting persons convicted of certain

sex crimes from residing within 1,000 feet of a school,

day care center, park, or playground; amending s. 1006.22,

F.S.; requiring district school boards to notify the

Department of Corrections regarding school bus stop

locations; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Paragraph (a) of subsection (7) of section

947.1405, Florida Statutes, is amended to read:

947.1405 Conditional release program.--

(7)(a) Any inmate who is convicted of a crime committed on

or after October 1, 1995, or who has been previously convicted

of a crime committed on or after October 1, 1995, in violation

of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is

subject to conditional release supervision, shall have, in

addition to any other conditions imposed, the following special

conditions imposed by the commission:

1. A mandatory curfew from 10 p.m. to 6 a.m. The

commission may designate another 8-hour period if the offender's

employment precludes the above specified time, and such

alternative is recommended by the Department of Corrections. If

the commission determines that imposing a curfew would endanger

the victim, the commission may consider alternative sanctions.

2. If the victim was under the age of 18, a prohibition on

living within 1,000 feet of a school, day care center, park,

playground, designated public school bus stop,or other place

where children regularly congregate. A releasee who is subject

to the provisions of this subparagraph may not relocate to a

residence that is within 1,000 feet of a public school bus stop.

Beginning October 1, 2003, neither the commission nor the

department shall approve a residence that is located within

1,000 feet of a school, day care center, park, playground,

designated school bus stop, or other place where children

regularly congregate for any releasee who is subject to the

provisions of this subparagraph. If, on October 1, 2003, any

public school bus stop is located within 1,000 feet of the

existing residence of such releasee, the district school board

shall relocate such school bus stop. Beginning October 1, 2003,

a district school board shall not establish or relocate a public

school bus stop within 1,000 feet of the existing residence of a

releasee who is subject to the provisions of this subparagraph.

The failure of the district school board to comply with the

provisions of this subparagraph shall not result in a violation

of conditional release supervision.

3. Active participation in and successful completion of a

sex offender treatment program with therapists specifically

trained to treat sex offenders, at the releasee's own expense.

If a specially trained therapist is not available within a 50-

mile radius of the releasee's residence, the offender shall

participate in other appropriate therapy.

4. A prohibition on any contact with the victim, directly

or indirectly, including through a third person, unless approved

by the victim, the offender's therapist, and the sentencing

court.

5. If the victim was under the age of 18, a prohibition

against direct contact or association with children under the

age of 18 until all of the following conditions are met:

a. Successful completion of a sex offender treatment

program.

b. The adult person who is legally responsible for the

welfare of the child has been advised of the nature of the

crime.

c. Such adult person is present during all contact or

association with the child.

d. Such adult person has been approved by the commission.

6. If the victim was under age 18, a prohibition on

working for pay or as a volunteer at any school, day care

center, park, playground, or other place where children

regularly congregate, as prescribed by the commission.

7. Unless otherwise indicated in the treatment plan

provided by the sexual offender treatment program, a prohibition

on viewing, owning, or possessing any obscene, pornographic, or

sexually stimulating visual or auditory material, including

telephone, electronic media, computer programs, or computer

services that are relevant to the offender's deviant behavior

pattern.

8. A requirement that the releasee must submit two

specimens of blood to the Florida Department of Law Enforcement

to be registered with the DNA database.

9. A requirement that the releasee make restitution to the

victim, as determined by the sentencing court or the commission,

for all necessary medical and related professional services

relating to physical, psychiatric, and psychological care.

10. Submission to a warrantless search by the community

control or probation officer of the probationer's or community

controllee's person, residence, or vehicle.

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Section 2. Section 794.065, Florida Statutes, is created

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to read:

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794.065 Unlawful place of residence for persons convicted

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of certain sex offenses.--

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(1) It is unlawful for any person who has been convicted

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of a violation of s. 794.011, s. 800.04, s. 827.071, or s.

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847.0145, regardless of whether adjudication has been withheld,

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in which the victim of the offense was less than 16 years of

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age, to reside within 1,000 feet of any school, day care center,

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park, or playground. A person who violates this section and

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whose conviction for s. 794.011, s. 800.04, s. 827.071, or s.

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847.0145 was classified as a felony of the first degree or

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higher commits a felony of the third degree, punishable as

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provided in s. 775.082 or s. 775.083. A person who violates

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this section and whose conviction for s. 794.011, s. 800.04, s.

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827.071, or s. 847.0145 was classified as a felony of the second

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or third degree commits a misdemeanor of the first degree,

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punishable as provided in s. 775.082 or s. 775.083.

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(2) This section shall apply to any person convicted of a

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violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145

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for offenses that occur on or after October 1, 2003.

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Section 3. Paragraph (c) of subsection (12) of section

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1006.22, Florida Statutes, is amended to read:

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1006.22 Safety and health of students being

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transported.--Maximum regard for safety and adequate protection

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of health are primary requirements that must be observed by

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district school boards in routing buses, appointing drivers, and

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providing and operating equipment, in accordance with all

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requirements of law and rules of the State Board of Education in

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providing transportation pursuant to s. 1006.21:

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(12)

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stops, or provide by district school board rule for the

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establishment of school bus stops, as necessary at the most

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reasonably safe locations available. Each district school board

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shall provide to the Department of Corrections the location of

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such school bus stops.Where unusual traffic hazards exist at

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school bus stops on roads maintained by the state outside of

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municipalities, the Department of Transportation, in concurrence

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and cooperation with and upon request of the district school

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board, shall place signs at such bus stops warning motorists of

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the location of the stops.

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Section 4. This act shall take effect October 1, 2003.