HB 0087 2004
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; prohibiting district school boards from
7	establishing school bus stops within 1,000 feet of the
8	existing residence of persons prohibited from living
9	within 1,000 feet of a school bus stop; providing that
10	failure of the district to comply with such provision
11	shall not result in a violation by the resident; creating
12	s. 794.065, F.S.; prohibiting persons convicted of certain
13	sex crimes from residing within 1,000 feet of a school,
14	day care center, park, or playground; amending s. 1006.22,
15	F.S.; requiring district school boards to notify the
16	Department of Corrections regarding school bus stop
17	locations; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Paragraph (a) of subsection (7) of section
22	947.1405, Florida Statutes, is amended to read:
23	947.1405 Conditional release program.--
24	(7)(a) Any inmate who is convicted of a crime committed on
25	or after October 1, 1995, or who has been previously convicted
26	of a crime committed on or after October 1, 1995, in violation
27	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
28	subject to conditional release supervision, shall have, in
29	addition to any other conditions imposed, the following special
30	conditions imposed by the commission:
31	1. A mandatory curfew from 10 p.m. to 6 a.m. The
32	commission may designate another 8-hour period if the offender's
33	employment precludes the above specified time, and such
34	alternative is recommended by the Department of Corrections. If
35	the commission determines that imposing a curfew would endanger
36	the victim, the commission may consider alternative sanctions.
37	2. If the victim was under the age of 18, a prohibition on
38	living within 1,000 feet of a school, day care center, park,
39	playground, designated public school bus stop,or other place
40	where children regularly congregate. A releasee who is subject
41	to the provisions of this subparagraph may not relocate to a
42	residence that is within 1,000 feet of a public school bus stop.
43	Beginning October 1, 2004, neither the commission nor the
44	department shall approve a residence that is located within
45	1,000 feet of a school, day care center, park, playground,
46	designated school bus stop, or other place where children
47	regularly congregate for any releasee who is subject to the
48	provisions of this subparagraph. If, on October 1, 2004, any
49	public school bus stop is located within 1,000 feet of the
50	existing residence of such releasee, the district school board
51	shall relocate such school bus stop. Beginning October 1, 2004,
52	a district school board shall not establish or relocate a public
53	school bus stop within 1,000 feet of the existing residence of a
54	releasee who is subject to the provisions of this subparagraph.
55	The failure of the district school board to comply with the
56	provisions of this subparagraph shall not result in a violation
57	of conditional release supervision.
58	3. Active participation in and successful completion of a
59	sex offender treatment program with therapists specifically
60	trained to treat sex offenders, at the releasee's own expense.
61	If a specially trained therapist is not available within a 50-
62	mile radius of the releasee's residence, the offender shall
63	participate in other appropriate therapy.
64	4. A prohibition on any contact with the victim, directly
65	or indirectly, including through a third person, unless approved
66	by the victim, the offender's therapist, and the sentencing
67	court.
68	5. If the victim was under the age of 18, a prohibition
69	against direct contact or association with children under the
70	age of 18 until all of the following conditions are met:
71	a. Successful completion of a sex offender treatment
72	program.
73	b. The adult person who is legally responsible for the
74	welfare of the child has been advised of the nature of the
75	crime.
76	c. Such adult person is present during all contact or
77	association with the child.
78	d. Such adult person has been approved by the commission.
79	6. If the victim was under age 18, a prohibition on
80	working for pay or as a volunteer at any school, day care
81	center, park, playground, or other place where children
82	regularly congregate, as prescribed by the commission.
83	7. Unless otherwise indicated in the treatment plan
84	provided by the sexual offender treatment program, a prohibition
85	on viewing, owning, or possessing any obscene, pornographic, or
86	sexually stimulating visual or auditory material, including
87	telephone, electronic media, computer programs, or computer
88	services that are relevant to the offender's deviant behavior
89	pattern.
90	8. A requirement that the releasee must submit two
91	specimens of blood to the Florida Department of Law Enforcement
92	to be registered with the DNA database.
93	9. A requirement that the releasee make restitution to the
94	victim, as determined by the sentencing court or the commission,
95	for all necessary medical and related professional services
96	relating to physical, psychiatric, and psychological care.
97	10. Submission to a warrantless search by the community
98	control or probation officer of the probationer's or community
99	controllee's person, residence, or vehicle.
100	Section 2. Section 794.065, Florida Statutes, is created
101	to read:
102	794.065 Unlawful place of residence for persons convicted
103	of certain sex offenses.--
104	(1) It is unlawful for any person who has been convicted
105	of a violation of s. 794.011, s. 800.04, s. 827.071, or s.
106	847.0145, regardless of whether adjudication has been withheld,
107	in which the victim of the offense was less than 16 years of
108	age, to reside within 1,000 feet of any school, day care center,
109	park, or playground. A person who violates this section and
110	whose conviction for s. 794.011, s. 800.04, s. 827.071, or s.
111	847.0145 was classified as a felony of the first degree or
112	higher commits a felony of the third degree, punishable as
113	provided in s. 775.082 or s. 775.083. A person who violates this
114	section and whose conviction for s. 794.011, s. 800.04, s.
115	827.071, or s. 847.0145 was classified as a felony of the second
116	or third degree commits a misdemeanor of the first degree,
117	punishable as provided in s. 775.082 or s. 775.083.
118	(2) This section shall apply to any person convicted of a
119	violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145
120	for offenses that occur on or after October 1, 2004.
121	Section 3. Paragraph (c) of subsection (12) of section
122	1006.22, Florida Statutes, is amended to read:
123	1006.22 Safety and health of students being
124	transported.--Maximum regard for safety and adequate protection
125	of health are primary requirements that must be observed by
126	district school boards in routing buses, appointing drivers, and
127	providing and operating equipment, in accordance with all
128	requirements of law and rules of the State Board of Education in
129	providing transportation pursuant to s. 1006.21:
130	(12)
131	(c) Each district school board shall establish school bus
132	stops, or provide by district school board rule for the
133	establishment of school bus stops, as necessary at the most
134	reasonably safe locations available. Each district school board
135	shall provide to the Department of Corrections the location of
136	such school bus stops.Where unusual traffic hazards exist at
137	school bus stops on roads maintained by the state outside of
138	municipalities, the Department of Transportation, in concurrence
139	and cooperation with and upon request of the district school
140	board, shall place signs at such bus stops warning motorists of
141	the location of the stops.
142	Section 4. This act shall take effect October 1, 2004.