Senate Bill sb0768

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                   SB 768

    By Senator Saunders





    37-703-06                                            See HB 91

  1                      A bill to be entitled

  2         An act relating to residence of sexual

  3         offenders and predators; amending s. 775.21,

  4         F.S.; prohibiting sexual predators from

  5         establishing or maintaining a residence within

  6         2,500 feet of specified locations; providing

  7         for county or municipal ordinances that

  8         restrict the residence of sexual offenders;

  9         providing requirements for such ordinances;

10         providing exceptions; amending s. 794.065,

11         F.S.; revising provisions relating to the

12         residence of specified sex offenders; providing

13         definitions; prohibiting the knowing rental or

14         lease of a residence within 2,500 feet of

15         specified locations to a restricted sex

16         offender who intends to occupy the unit;

17         providing a due diligence defense; providing

18         criminal penalties; amending s. 947.1405, F.S.;

19         revising conditional release program

20         restrictions on the residence of certain sexual

21         offenders; revising the requirements for the

22         location of public school bus stops in relation

23         to the permanent residence of specified sexual

24         offenders; amending s. 948.30, F.S.; revising

25         terms and conditions of probation or community

26         control restricting the residence of persons

27         convicted of certain sex offenses; providing

28         that amendments in this act to provisions

29         restricting the residence of sexual offenders

30         and sexual predators shall not require the

31         relocation of such an offender who had

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1         established, prior to the effective date of

 2         this act, a residence not in compliance with

 3         the amendments to such restrictions; providing

 4         an effective date.

 5  

 6         WHEREAS, recent attacks on children by registered sex

 7  offenders within this state have shed light on the necessity

 8  of providing greater protection to children from the risks

 9  posed by registered sex offenders, and

10         WHEREAS, the recidivism rate of sex offenders is high,

11  especially for offenders who commit crimes involving children,

12  and

13         WHEREAS, the Legislature is deeply concerned about the

14  health, safety, and protection of all of Florida's residents,

15  particularly its children, NOW, THEREFORE,

16  

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

18  

19         Section 1.  Subsection (7) of section 775.21, Florida

20  Statutes, is amended to read:

21         775.21  The Florida Sexual Predators Act.--

22         (7)  COMMUNITY AND PUBLIC NOTIFICATION; RESIDENCE

23  RESTRICTIONS.--

24         (a)  Law enforcement agencies must inform members of

25  the community and the public of a sexual predator's presence.

26  Upon notification of the presence of a sexual predator, the

27  sheriff of the county or the chief of police of the

28  municipality where the sexual predator establishes or

29  maintains a permanent or temporary residence shall notify

30  members of the community and the public of the presence of the

31  sexual predator in a manner deemed appropriate by the sheriff

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  or the chief of police. Within 48 hours after receiving

 2  notification of the presence of a sexual predator, the sheriff

 3  of the county or the chief of police of the municipality where

 4  the sexual predator temporarily or permanently resides shall

 5  notify each licensed day care center, elementary school,

 6  middle school, and high school within a 1-mile radius of the

 7  temporary or permanent residence of the sexual predator of the

 8  presence of the sexual predator. Information provided to

 9  members of the community and the public regarding a sexual

10  predator must include:

11         1.  The name of the sexual predator;

12         2.  A description of the sexual predator, including a

13  photograph;

14         3.  The sexual predator's current address, including

15  the name of the county or municipality if known;

16         4.  The circumstances of the sexual predator's offense

17  or offenses; and

18         5.  Whether the victim of the sexual predator's offense

19  or offenses was, at the time of the offense, a minor or an

20  adult.

21  

22  This paragraph does not authorize the release of the name of

23  any victim of the sexual predator.

24         (b)  The sheriff or the police chief may coordinate the

25  community and public notification efforts with the department.

26  Statewide notification to the public is authorized, as deemed

27  appropriate by local law enforcement personnel and the

28  department.

29         (c)  The department shall notify the public of all

30  designated sexual predators through the Internet. The Internet

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  notice shall include the information required by paragraph

 2  (a).

 3         (d)  The department shall adopt a protocol to assist

 4  law enforcement agencies in their efforts to notify the

 5  community and the public of the presence of sexual predators.

 6         (e)1.  The sexual predator shall not establish or

 7  maintain a permanent or temporary residence within 2,500 feet,

 8  as measured in s. 794.065, of a school, day care center, park,

 9  playground, public school bus stop located as provided in s.

10  947.1405(7)(a), or other place where children regularly

11  congregate.

12         2.  Nothing contained in this paragraph shall prevent

13  any county or municipality from enacting an ordinance relating

14  to restrictions as to the location of the residence of sexual

15  offenders provided that such restrictions are identical to the

16  provisions of subparagraph 1. Such an ordinance may differ as

17  to the offenses that might subject an offender to residence

18  restrictions.

19         Section 2.  Section 794.065, Florida Statutes, is

20  amended to read:

21         794.065  Unlawful place of residence for restricted sex

22  offenders; certain leases prohibited persons convicted of

23  certain sex offenses.--

24         (1)  As used in this section, the term:

25         (a)  "Convicted" shall have the same meaning as

26  provided in s. 943.0435.

27         (b)  "Restricted sex offender" means a person convicted

28  of:

29         1.  A felony violation of any statute listed in s.

30  943.0435(1)(a)1.;

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1         2.  Any similar offense committed in this state that

 2  has been redesignated from a former statute number to one of

 3  those listed in s. 943.0435(1)(a)1.; or

 4         3.  Any similar offense in another jurisdiction that

 5  would be a felony if committed in this state,

 6  

 7  where the victim of the offense was under the age of 18 at the

 8  time of the offense and the offender was 18 years of age or

 9  older at the time of the offense, or the offender was under

10  the age of 18 at the time of the offense and was prosecuted as

11  an adult.

12         (c)  "Within 2,500 feet" means a distance that shall be

13  measured in a straight line from the outer boundary of the

14  real property upon which the residential dwelling unit of the

15  restricted sex offender is located. The distance may not be

16  measured by a pedestrian route or automobile route, but

17  instead shall be measured as the shortest straight line

18  between the two points without regard to any intervening

19  structures or objects. Without otherwise limiting the

20  foregoing measurement instructions, under those circumstances

21  in which the residential dwelling unit of the restricted sex

22  offender is within a cooperative, condominium, or apartment

23  building, the parcel of real property described in this

24  paragraph shall consist of the parcel or parcels of real

25  property upon which the cooperative, condominium, or apartment

26  building that contains the residential dwelling unit of the

27  restricted sex offender is located.

28         (2)(a)  It is unlawful for any person who is a

29  restricted sex offender to reside within 2,500 feet of any

30  school, public school bus stop located as provided in s.

31  947.1405(7)(a), day care center, park, playground, or other

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  place where children regularly congregate. A restricted sex

 2  offender who violates this section and whose conviction of an

 3  offense described in paragraph (1)(b) was classified as a

 4  felony of the first degree or higher commits a felony of the

 5  third degree, punishable as provided in s. 775.082 or s.

 6  775.083. A restricted sex offender who violates this section

 7  and whose conviction of an offense described in paragraph

 8  (1)(b) was classified as a felony of the second or third

 9  degree commits a misdemeanor of the first degree, punishable

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

11         (b)  The provisions of this subsection shall not

12  prohibit a restricted sex offender from continuing to reside

13  at his or her residence solely because a school, public school

14  bus stop located as provided in s. 947.1405(7)(a), day care

15  center, park, playground, or other place where children

16  regularly congregate is built or established within 2,500 feet

17  of that residence after the offender has established

18  residence.

19         (c)  This subsection applies to any person convicted of

20  an offense described in paragraph (1)(b) that occurs on or

21  after October 1, 2006.

22         (3)(a)(1)  It is unlawful for any person who has been

23  convicted of a violation of s. 794.011, s. 800.04, s. 827.071,

24  or s. 847.0145, regardless of whether adjudication has been

25  withheld, in which the victim of the offense was less than 16

26  years of age, to reside within 2,500 1,000 feet of any school,

27  day care center, park, or playground. A person who violates

28  this section and whose conviction under s. 794.011, s. 800.04,

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

30  first degree or higher commits a felony of the third degree,

31  punishable as provided in s. 775.082 or s. 775.083. A person

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  who violates this section and whose conviction under s.

 2  794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified

 3  as a felony of the second or third degree commits a

 4  misdemeanor of the first degree, punishable as provided in s.

 5  775.082 or s. 775.083.

 6         (b)(2)  This subsection section applies to any person

 7  convicted of a violation of s. 794.011, s. 800.04, s. 827.071,

 8  or s. 847.0145 for offenses that occur on or after October 1,

 9  2006 2004.

10         (4)  A landlord or owner of a residential dwelling unit

11  shall not knowingly rent or lease a residential dwelling unit

12  located within 2,500 feet of a school, public school bus stop

13  located as provided in s. 947.1405(7)(a), day care center,

14  park, playground, or other place where children regularly

15  congregate if a prospective tenant, as defined in s. 83.43, is

16  a restricted sex offender who intends to occupy the unit

17  unless the landlord or owner can establish that, prior to

18  rental or lease, he or she used reasonable due diligence and

19  was unable to determine that a prospective tenant of the unit

20  was a restricted sex offender intending to occupy the unit. A

21  person who violates this subsection commits a misdemeanor of

22  the second degree, punishable as provided in s. 775.082 or s.

23  775.083.

24         Section 3.  Paragraph (a) of subsection (7) of section

25  947.1405, Florida Statutes, is amended to read:

26         947.1405  Conditional release program.--

27         (7)(a)  Any inmate who is convicted of a crime

28  committed on or after October 1, 1995, or who has been

29  previously convicted of a crime committed on or after October

30  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

31  or s. 847.0145, and is subject to conditional release

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  supervision, shall have, in addition to any other conditions

 2  imposed, the following special conditions imposed by the

 3  commission:

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

 5  commission may designate another 8-hour period if the

 6  offender's employment precludes the above specified time, and

 7  such alternative is recommended by the Department of

 8  Corrections. If the commission determines that imposing a

 9  curfew would endanger the victim, the commission may consider

10  alternative sanctions.

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

12  prohibition on living within 2,500 1,000 feet of a school, day

13  care center, park, playground, designated public school bus

14  stop, or other place where children regularly congregate. A

15  releasee who is subject to this subparagraph may not relocate

16  to a residence that is within 2,500 1,000 feet of a public

17  school bus stop. Beginning October 1, 2006 2004, the

18  commission or the department may not approve a residence that

19  is located within 2,500 1,000 feet of a school, day care

20  center, park, playground, designated school bus stop, or other

21  place where children regularly congregate for any releasee who

22  is subject to this subparagraph. On October 1, 2006 2004, the

23  department shall notify each affected school district of the

24  location of the residence of a releasee 30 days prior to

25  release and thereafter, if the releasee relocates to a new

26  residence, shall notify any affected school district of the

27  residence of the releasee within 30 days after relocation. If,

28  on October 1, 2006 2004, any public school bus stop is located

29  within 2,500 1,000 feet of the existing residence of such

30  releasee, the permanent residence of a sexual predator who is

31  subject to s. 775.21(7)(e), the permanent residence of an

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  individual subject to registration as a sexual offender under

 2  s. 943.0435, or the permanent residence of a restricted sex

 3  offender under s. 794.065, the district school board shall

 4  relocate that school bus stop. Beginning October 1, 2006 2004,

 5  a district school board may not establish or relocate a public

 6  school bus stop within 2,500 1,000 feet of the residence of a

 7  releasee who is subject to this subparagraph, the permanent

 8  residence of a sexual predator who is subject to s.

 9  775.21(7)(e), the permanent residence of an individual subject

10  to registration as a sexual offender under s. 943.0435, or the

11  permanent residence of a restricted sex offender under s.

12  794.065. The failure of the district school board to comply

13  with this subparagraph shall not result in a violation of

14  conditional release supervision or a violation of s.

15  775.21(7)(e). For purposes of this subparagraph, a 2,500-foot

16  distance shall be measured as in s. 794.065.

17         3.  Active participation in and successful completion

18  of a sex offender treatment program with qualified

19  practitioners specifically trained to treat sex offenders, at

20  the releasee's own expense. If a qualified practitioner is not

21  available within a 50-mile radius of the releasee's residence,

22  the offender shall participate in other appropriate therapy.

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

24  directly or indirectly, including through a third person,

25  unless approved by the victim, the offender's therapist, and

26  the sentencing court.

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

28  prohibition against contact with children under the age of 18

29  without review and approval by the commission. The commission

30  may approve supervised contact with a child under the age of

31  18 if the approval is based upon a recommendation for contact

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  issued by a qualified practitioner who is basing the

 2  recommendation on a risk assessment. Further, the sex offender

 3  must be currently enrolled in or have successfully completed a

 4  sex offender therapy program. The commission may not grant

 5  supervised contact with a child if the contact is not

 6  recommended by a qualified practitioner and may deny

 7  supervised contact with a child at any time. When considering

 8  whether to approve supervised contact with a child, the

 9  commission must review and consider the following:

10         a.  A risk assessment completed by a qualified

11  practitioner. The qualified practitioner must prepare a

12  written report that must include the findings of the

13  assessment and address each of the following components:

14         (I)  The sex offender's current legal status;

15         (II)  The sex offender's history of adult charges with

16  apparent sexual motivation;

17         (III)  The sex offender's history of adult charges

18  without apparent sexual motivation;

19         (IV)  The sex offender's history of juvenile charges,

20  whenever available;

21         (V)  The sex offender's offender treatment history,

22  including a consultation from the sex offender's treating, or

23  most recent treating, therapist;

24         (VI)  The sex offender's current mental status;

25         (VII)  The sex offender's mental health and substance

26  abuse history as provided by the Department of Corrections;

27         (VIII)  The sex offender's personal, social,

28  educational, and work history;

29         (IX)  The results of current psychological testing of

30  the sex offender if determined necessary by the qualified

31  practitioner;

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1         (X)  A description of the proposed contact, including

 2  the location, frequency, duration, and supervisory

 3  arrangement;

 4         (XI)  The child's preference and relative comfort level

 5  with the proposed contact, when age-appropriate;

 6         (XII)  The parent's or legal guardian's preference

 7  regarding the proposed contact; and

 8         (XIII)  The qualified practitioner's opinion, along

 9  with the basis for that opinion, as to whether the proposed

10  contact would likely pose significant risk of emotional or

11  physical harm to the child.

12  

13  The written report of the assessment must be given to the

14  commission.

15         b.  A recommendation made as a part of the

16  risk-assessment report as to whether supervised contact with

17  the child should be approved;

18         c.  A written consent signed by the child's parent or

19  legal guardian, if the parent or legal guardian is not the sex

20  offender, agreeing to the sex offender having supervised

21  contact with the child after receiving full disclosure of the

22  sex offender's present legal status, past criminal history,

23  and the results of the risk assessment. The commission may not

24  approve contact with the child if the parent or legal guardian

25  refuses to give written consent for supervised contact;

26         d.  A safety plan prepared by the qualified

27  practitioner, who provides treatment to the offender, in

28  collaboration with the sex offender, the child's parent or

29  legal guardian, and the child, when age appropriate, which

30  details the acceptable conditions of contact between the sex

31  offender and the child. The safety plan must be reviewed and

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  approved by the Department of Corrections before being

 2  submitted to the commission; and

 3         e.  Evidence that the child's parent or legal guardian,

 4  if the parent or legal guardian is not the sex offender,

 5  understands the need for and agrees to the safety plan and has

 6  agreed to provide, or to designate another adult to provide,

 7  constant supervision any time the child is in contact with the

 8  offender.

 9  

10  The commission may not appoint a person to conduct a risk

11  assessment and may not accept a risk assessment from a person

12  who has not demonstrated to the commission that he or she has

13  met the requirements of a qualified practitioner as defined in

14  this section.

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

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

17  center, designated public school bus stop, park, playground,

18  or other place where children regularly congregate, as

19  prescribed by the commission.

20         7.  Unless otherwise indicated in the treatment plan

21  provided by the sexual offender treatment program, a

22  prohibition on viewing, owning, or possessing any obscene,

23  pornographic, or sexually stimulating visual or auditory

24  material, including telephone, electronic media, computer

25  programs, or computer services that are relevant to the

26  offender's deviant behavior pattern.

27         8.  Effective for a releasee whose crime is committed

28  on or after July 1, 2005, a prohibition on accessing the

29  Internet or other computer services until the offender's sex

30  offender treatment program, after a risk assessment is

31  completed, approves and implements a safety plan for the

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  offender's accessing or using the Internet or other computer

 2  services.

 3         9.  A requirement that the releasee must submit two

 4  specimens of blood to the Florida Department of Law

 5  Enforcement to be registered with the DNA database.

 6         10.  A requirement that the releasee make restitution

 7  to the victim, as determined by the sentencing court or the

 8  commission, for all necessary medical and related professional

 9  services relating to physical, psychiatric, and psychological

10  care.

11         11.  Submission to a warrantless search by the

12  community control or probation officer of the probationer's or

13  community controllee's person, residence, or vehicle.

14         Section 4.  Subsection (4) is added to section 948.30,

15  Florida Statutes, to read:

16         948.30  Additional terms and conditions of probation or

17  community control for certain sex offenses.--Conditions

18  imposed pursuant to this section do not require oral

19  pronouncement at the time of sentencing and shall be

20  considered standard conditions of probation or community

21  control for offenders specified in this section.

22         (4)  Effective for probationers or community

23  controllees whose crime was committed on or after October 1,

24  2006, and who are placed under supervision for violation of

25  chapter 794, s. 800.04, s. 827.071, or s. 847.0145, in

26  addition to all other standard and special conditions imposed,

27  the court must impose a prohibition on living within 2,500

28  feet of a school, public school bus stop located as provided

29  in s. 947.1405(7)(a), day care center, park, playground, or

30  other place where children regularly congregate as prescribed

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 768
    37-703-06                                            See HB 91




 1  by the court. For purposes of this subsection, a 2,500-foot

 2  distance shall be measured as in s. 794.065.

 3         Section 5.  The amendments in this act to provisions

 4  restricting the residence of sexual offenders and sexual

 5  predators shall not require the relocation of such an offender

 6  who had established, prior to the effective date of this act,

 7  a residence not in compliance with the amendments to such

 8  restrictions contained in this act.

 9         Section 6.  This act shall take effect October 1, 2006.

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.