HB 0943 2003
1	A bill to be entitled
2	An act relating to probation or community control;
3	amending s. 948.03, F.S.; providing requirements for
4	measuring the distance from an offender's place of
5	residence to a school, day care center, park, playground,
6	or other place where children congregate for purposes of
7	complying with a court-imposed condition prohibiting the
8	offender from living within a specified distance from
9	those facilities; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Paragraph (a) of subsection (5) of section
14	948.03, Florida Statutes, is amended to read:
15	948.03 Terms and conditions of probation or community
16	control.--
17	(5) Conditions imposed pursuant to this subsection, as
18	specified in paragraphs (a) and (b), do not require oral
19	pronouncement at the time of sentencing and shall be considered
20	standard conditions of probation or community control for
21	offenders specified in this subsection.
22	(a) Effective for probationers or community controllees
23	whose crime was committed on or after October 1, 1995, and who
24	are placed under supervision for violation of chapter 794, s.
25	800.04, s. 827.071, or s. 847.0145, the court must impose the
26	following conditions in addition to all other standard and
27	special conditions imposed:
28	1. A mandatory curfew from 10 p.m. to 6 a.m. The court may
29	designate another 8-hour period if the offender's employment
30	precludes the above specified time, and such alternative is
31	recommended by the Department of Corrections. If the court
32	determines that imposing a curfew would endanger the victim, the
33	court may consider alternative sanctions.
34	2. If the victim was under the age of 18, a prohibition on
35	living within 1,000 feet of a school, day care center, park,
36	playground, or other place where children regularly congregate,
37	as prescribed by the court. The 1,000-foot distance shall be
38	measured in a straight line from the offender's place of
39	residence to the nearest boundary line of the school, day care
40	center, park, playground, or other place where children
41	congregate. The distance may not be measured by a pedestrian
42	route or automobile route.
43	3. Active participation in and successful completion of a
44	sex offender treatment program with therapists specifically
45	trained to treat sex offenders, at the probationer's or
46	community controllee's own expense. If a specially trained
47	therapist is not available within a 50-mile radius of the
48	probationer's or community controllee's residence, the offender
49	shall participate in other appropriate therapy.
50	4. A prohibition on any contact with the victim, directly
51	or indirectly, including through a third person, unless approved
52	by the victim, the offender's therapist, and the sentencing
53	court.
54	5. If the victim was under the age of 18, a prohibition,
55	until successful completion of a sex offender treatment program,
56	on unsupervised contact with a child under the age of 18, unless
57	authorized by the sentencing court without another adult present
58	who is responsible for the child's welfare, has been advised of
59	the crime, and is approved by the sentencing court.
60	6. If the victim was under age 18, a prohibition on
61	working for pay or as a volunteer at any school, day care
62	center, park, playground, or other place where children
63	regularly congregate.
64	7. Unless otherwise indicated in the treatment plan
65	provided by the sexual offender treatment program, a prohibition
66	on viewing, owning, or possessing any obscene, pornographic, or
67	sexually stimulating visual or auditory material, including
68	telephone, electronic media, computer programs, or computer
69	services that are relevant to the offender's deviant behavior
70	pattern.
71	8. A requirement that the probationer or community
72	controllee must submit two specimens of blood to the Florida
73	Department of Law Enforcement to be registered with the DNA data
74	bank.
75	9. A requirement that the probationer or community
76	controllee make restitution to the victim, as ordered by the
77	court under s. 775.089, for all necessary medical and related
78	professional services relating to physical, psychiatric, and
79	psychological care.
80	10. Submission to a warrantless search by the community
81	control or probation officer of the probationer's or community
82	controllee's person, residence, or vehicle.
83	Section 2. This act shall take effect upon becoming a law.