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