HB 0725 2003
1	A bill to be entitled
2	An act relating to submission of biological specimens;
3	amending s. 948.03, F.S.; providing that probationers or
4	community controllees may be required to submit biological
5	specimens to the Florida Department of Law Enforcement to
6	be registered with the DNA data bank; providing an
7	effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Paragraph (a) of subsection (5) of section
12	948.03, Florida Statutes, is amended to read:
13	948.03 Terms and conditions of probation or community
14	control.--
15	(5) Conditions imposed pursuant to this subsection, as
16	specified in paragraphs (a) and (b), do not require oral
17	pronouncement at the time of sentencing and shall be considered
18	standard conditions of probation or community control for
19	offenders specified in this subsection.
20	(a) Effective for probationers or community controllees
21	whose crime was committed on or after October 1, 1995, and who
22	are placed under supervision for violation of chapter 794, s.
23	800.04, s. 827.071, or s. 847.0145, the court must impose the
24	following conditions in addition to all other standard and
25	special conditions imposed:
26	1. A mandatory curfew from 10 p.m. to 6 a.m. The court may
27	designate another 8-hour period if the offender's employment
28	precludes the above specified time, and such alternative is
29	recommended by the Department of Corrections. If the court
30	determines that imposing a curfew would endanger the victim, the
31	court may consider alternative sanctions.
32	2. If the victim was under the age of 18, a prohibition on
33	living within 1,000 feet of a school, day care center, park,
34	playground, or other place where children regularly congregate,
35	as prescribed by the court.
36	3. Active participation in and successful completion of a
37	sex offender treatment program with therapists specifically
38	trained to treat sex offenders, at the probationer's or
39	community controllee's own expense. If a specially trained
40	therapist is not available within a 50-mile radius of the
41	probationer's or community controllee's residence, the offender
42	shall 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	until successful completion of a sex offender treatment program,
49	on unsupervised contact with a child under the age of 18, unless
50	authorized by the sentencing court without another adult present
51	who is responsible for the child's welfare, has been advised of
52	the crime, and is approved by the sentencing court.
53	6. If the victim was under age 18, a prohibition on
54	working for pay or as a volunteer at any school, day care
55	center, park, playground, or other place where children
56	regularly congregate.
57	7. Unless otherwise indicated in the treatment plan
58	provided by the sexual offender treatment program, a prohibition
59	on viewing, owning, or possessing any obscene, pornographic, or
60	sexually stimulating visual or auditory material, including
61	telephone, electronic media, computer programs, or computer
62	services that are relevant to the offender's deviant behavior
63	pattern.
64	8. A requirement that the probationer or community
65	controllee must submit two specimens of blood or other
66	biological specimens approved by the Florida Department of Law
67	Enforcementto the Florida Department of Law Enforcement to be
68	registered with the DNA data bank.
69	9. A requirement that the probationer or community
70	controllee make restitution to the victim, as ordered by the
71	court under s. 775.089, for all necessary medical and related
72	professional services relating to physical, psychiatric, and
73	psychological care.
74	10. Submission to a warrantless search by the community
75	control or probation officer of the probationer's or community
76	controllee's person, residence, or vehicle.
77	Section 2. This act shall take effect upon becoming a law.