HB 91

1
A bill to be entitled
2An act relating to residence of sexual offenders and
3predators; amending s. 775.21, F.S.; prohibiting sexual
4predators from establishing or maintaining a residence
5within 2,500 feet of specified locations; providing for
6county or municipal ordinances that restrict the residence
7of sexual offenders; providing requirements for such
8ordinances; providing exceptions; amending s. 794.065,
9F.S.; revising provisions relating to the residence of
10specified sex offenders; providing definitions;
11prohibiting the knowing rental or lease of a residence
12within 2,500 feet of specified locations to a restricted
13sex offender who intends to occupy the unit; providing a
14due diligence defense; providing criminal penalties;
15amending s. 947.1405, F.S.; revising conditional release
16program restrictions on the residence of certain sexual
17offenders; revising the requirements for the location of
18public school bus stops in relation to the permanent
19residence of specified sexual offenders; amending s.
20948.30, F.S.; revising terms and conditions of probation
21or community control restricting the residence of persons
22convicted of certain sex offenses; providing that
23amendments in this act to provisions restricting the
24residence of sexual offenders and sexual predators shall
25not require the relocation of such an offender who had
26established, prior to the effective date of this act, a
27residence not in compliance with the amendments to such
28restrictions; providing an effective date.
29
30     WHEREAS, recent attacks on children by registered sex
31offenders within this state have shed light on the necessity of
32providing greater protection to children from the risks posed by
33registered sex offenders, and
34     WHEREAS, the recidivism rate of sex offenders is high,
35especially for offenders who commit crimes involving children,
36and
37     WHEREAS, the Legislature is deeply concerned about the
38health, safety, and protection of all of Florida's residents,
39particularly its children, NOW, THEREFORE
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Subsection (7) of section 775.21, Florida
44Statutes, is amended to read:
45     775.21  The Florida Sexual Predators Act.--
46     (7)  COMMUNITY AND PUBLIC NOTIFICATION; RESIDENCE
47RESTRICTIONS.--
48     (a)  Law enforcement agencies must inform members of the
49community and the public of a sexual predator's presence. Upon
50notification of the presence of a sexual predator, the sheriff
51of the county or the chief of police of the municipality where
52the sexual predator establishes or maintains a permanent or
53temporary residence shall notify members of the community and
54the public of the presence of the sexual predator in a manner
55deemed appropriate by the sheriff or the chief of police. Within
5648 hours after receiving notification of the presence of a
57sexual predator, the sheriff of the county or the chief of
58police of the municipality where the sexual predator temporarily
59or permanently resides shall notify each licensed day care
60center, elementary school, middle school, and high school within
61a 1-mile radius of the temporary or permanent residence of the
62sexual predator of the presence of the sexual predator.
63Information provided to members of the community and the public
64regarding a sexual predator must include:
65     1.  The name of the sexual predator;
66     2.  A description of the sexual predator, including a
67photograph;
68     3.  The sexual predator's current address, including the
69name of the county or municipality if known;
70     4.  The circumstances of the sexual predator's offense or
71offenses; and
72     5.  Whether the victim of the sexual predator's offense or
73offenses was, at the time of the offense, a minor or an adult.
74
75This paragraph does not authorize the release of the name of any
76victim of the sexual predator.
77     (b)  The sheriff or the police chief may coordinate the
78community and public notification efforts with the department.
79Statewide notification to the public is authorized, as deemed
80appropriate by local law enforcement personnel and the
81department.
82     (c)  The department shall notify the public of all
83designated sexual predators through the Internet. The Internet
84notice shall include the information required by paragraph (a).
85     (d)  The department shall adopt a protocol to assist law
86enforcement agencies in their efforts to notify the community
87and the public of the presence of sexual predators.
88     (e)1.  The sexual predator shall not establish or maintain
89a permanent or temporary residence within 2,500 feet, as
90measured in s. 794.065, of a school, day care center, park,
91playground, public school bus stop located as provided in s.
92947.1405(7)(a), or other place where children regularly
93congregate.
94     2.  Nothing contained in this paragraph shall prevent any
95county or municipality from enacting an ordinance relating to
96restrictions as to the location of the residence of sexual
97offenders provided that such restrictions are identical to the
98provisions of subparagraph 1. Such an ordinance may differ as to
99the offenses that might subject an offender to residence
100restrictions.
101     Section 2.  Section 794.065, Florida Statutes, is amended
102to read:
103     794.065  Unlawful place of residence for restricted sex
104offenders; certain leases prohibited persons convicted of
105certain sex offenses.--
106     (1)  As used in this section, the term:
107     (a)  "Convicted" shall have the same meaning as provided in
108s. 943.0435.
109     (b)  "Restricted sex offender" means a person convicted of:
110     1.  A felony violation of any statute listed in s.
111943.0435(1)(a)1.;
112     2.  Any similar offense committed in this state that has
113been redesignated from a former statute number to one of those
114listed in s. 943.0435(1)(a)1.; or
115     3.  Any similar offense in another jurisdiction that would
116be a felony if committed in this state,
117
118where the victim of the offense was under the age of 18 at the
119time of the offense and the offender was 18 years of age or
120older at the time of the offense, or the offender was under the
121age of 18 at the time of the offense and was prosecuted as an
122adult.
123     (c)  "Within 2,500 feet" means a distance that shall be
124measured in a straight line from the outer boundary of the real
125property upon which the residential dwelling unit of the
126restricted sex offender is located. The distance may not be
127measured by a pedestrian route or automobile route, but instead
128shall be measured as the shortest straight line between the two
129points without regard to any intervening structures or objects.
130Without otherwise limiting the foregoing measurement
131instructions, under those circumstances in which the residential
132dwelling unit of the restricted sex offender is within a
133cooperative, condominium, or apartment building, the parcel of
134real property described in this paragraph shall consist of the
135parcel or parcels of real property upon which the cooperative,
136condominium, or apartment building that contains the residential
137dwelling unit of the restricted sex offender is located.
138     (2)(a)  It is unlawful for any person who is a restricted
139sex offender to reside within 2,500 feet of any school, public
140school bus stop located as provided in s. 947.1405(7)(a), day
141care center, park, playground, or other place where children
142regularly congregate. A restricted sex offender who violates
143this section and whose conviction of an offense described in
144paragraph (1)(b) was classified as a felony of the first degree
145or higher commits a felony of the third degree, punishable as
146provided in s. 775.082 or s. 775.083. A restricted sex offender
147who violates this section and whose conviction of an offense
148described in paragraph (1)(b) was classified as a felony of the
149second or third degree commits a misdemeanor of the first
150degree, punishable as provided in s. 775.082 or s. 775.083.
151     (b)  The provisions of this subsection shall not prohibit a
152restricted sex offender from continuing to reside at his or her
153residence solely because a school, public school bus stop
154located as provided in s. 947.1405(7)(a), day care center, park,
155playground, or other place where children regularly congregate
156is built or established within 2,500 feet of that residence
157after the offender has established residence.
158     (c)  This subsection applies to any person convicted of an
159offense described in paragraph (1)(b) that occurs on or after
160October 1, 2006.
161     (3)(a)(1)  It is unlawful for any person who has been
162convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
163or s. 847.0145, regardless of whether adjudication has been
164withheld, in which the victim of the offense was less than 16
165years of age, to reside within 2,500 1,000 feet of any school,
166day care center, park, or playground. A person who violates this
167section and whose conviction under s. 794.011, s. 800.04, s.
168827.071, or s. 847.0145 was classified as a felony of the first
169degree or higher commits a felony of the third degree,
170punishable as provided in s. 775.082 or s. 775.083. A person who
171violates this section and whose conviction under s. 794.011, s.
172800.04, s. 827.071, or s. 847.0145 was classified as a felony of
173the second or third degree commits a misdemeanor of the first
174degree, punishable as provided in s. 775.082 or s. 775.083.
175     (b)(2)  This subsection section applies to any person
176convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
177or s. 847.0145 for offenses that occur on or after October 1,
1782006 2004.
179     (4)  A landlord or owner of a residential dwelling unit
180shall not knowingly rent or lease a residential dwelling unit
181located within 2,500 feet of a school, public school bus stop
182located as provided in s. 947.1405(7)(a), day care center, park,
183playground, or other place where children regularly congregate
184if a prospective tenant, as defined in s. 83.43, is a restricted
185sex offender who intends to occupy the unit unless the landlord
186or owner can establish that, prior to rental or lease, he or she
187used reasonable due diligence and was unable to determine that a
188prospective tenant of the unit was a restricted sex offender
189intending to occupy the unit. A person who violates this
190subsection commits a misdemeanor of the second degree,
191punishable as provided in s. 775.082 or s. 775.083.
192     Section 3.  Paragraph (a) of subsection (7) of section
193947.1405, Florida Statutes, is amended to read:
194     947.1405  Conditional release program.--
195     (7)(a)  Any inmate who is convicted of a crime committed on
196or after October 1, 1995, or who has been previously convicted
197of a crime committed on or after October 1, 1995, in violation
198of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
199subject to conditional release supervision, shall have, in
200addition to any other conditions imposed, the following special
201conditions imposed by the commission:
202     1.  A mandatory curfew from 10 p.m. to 6 a.m. The
203commission may designate another 8-hour period if the offender's
204employment precludes the above specified time, and such
205alternative is recommended by the Department of Corrections. If
206the commission determines that imposing a curfew would endanger
207the victim, the commission may consider alternative sanctions.
208     2.  If the victim was under the age of 18, a prohibition on
209living within 2,500 1,000 feet of a school, day care center,
210park, playground, designated public school bus stop, or other
211place where children regularly congregate. A releasee who is
212subject to this subparagraph may not relocate to a residence
213that is within 2,500 1,000 feet of a public school bus stop.
214Beginning October 1, 2006 2004, the commission or the department
215may not approve a residence that is located within 2,500 1,000
216feet of a school, day care center, park, playground, designated
217school bus stop, or other place where children regularly
218congregate for any releasee who is subject to this subparagraph.
219On October 1, 2006 2004, the department shall notify each
220affected school district of the location of the residence of a
221releasee 30 days prior to release and thereafter, if the
222releasee relocates to a new residence, shall notify any affected
223school district of the residence of the releasee within 30 days
224after relocation. If, on October 1, 2006 2004, any public school
225bus stop is located within 2,500 1,000 feet of the existing
226residence of such releasee, the permanent residence of a sexual
227predator who is subject to s. 775.21(7)(e), the permanent
228residence of an individual subject to registration as a sexual
229offender under s. 943.0435, or the permanent residence of a
230restricted sex offender under s. 794.065, the district school
231board shall relocate that school bus stop. Beginning October 1,
2322006 2004, a district school board may not establish or relocate
233a public school bus stop within 2,500 1,000 feet of the
234residence of a releasee who is subject to this subparagraph, the
235permanent residence of a sexual predator who is subject to s.
236775.21(7)(e), the permanent residence of an individual subject
237to registration as a sexual offender under s. 943.0435, or the
238permanent residence of a restricted sex offender under s.
239794.065. The failure of the district school board to comply with
240this subparagraph shall not result in a violation of conditional
241release supervision or a violation of s. 775.21(7)(e). For
242purposes of this subparagraph, a 2,500-foot distance shall be
243measured as in s. 794.065.
244     3.  Active participation in and successful completion of a
245sex offender treatment program with qualified practitioners
246specifically trained to treat sex offenders, at the releasee's
247own expense. If a qualified practitioner is not available within
248a 50-mile radius of the releasee's residence, the offender shall
249participate in other appropriate therapy.
250     4.  A prohibition on any contact with the victim, directly
251or indirectly, including through a third person, unless approved
252by the victim, the offender's therapist, and the sentencing
253court.
254     5.  If the victim was under the age of 18, a prohibition
255against contact with children under the age of 18 without review
256and approval by the commission. The commission may approve
257supervised contact with a child under the age of 18 if the
258approval is based upon a recommendation for contact issued by a
259qualified practitioner who is basing the recommendation on a
260risk assessment. Further, the sex offender must be currently
261enrolled in or have successfully completed a sex offender
262therapy program. The commission may not grant supervised contact
263with a child if the contact is not recommended by a qualified
264practitioner and may deny supervised contact with a child at any
265time. When considering whether to approve supervised contact
266with a child, the commission must review and consider the
267following:
268     a.  A risk assessment completed by a qualified
269practitioner. The qualified practitioner must prepare a written
270report that must include the findings of the assessment and
271address each of the following components:
272     (I)  The sex offender's current legal status;
273     (II)  The sex offender's history of adult charges with
274apparent sexual motivation;
275     (III)  The sex offender's history of adult charges without
276apparent sexual motivation;
277     (IV)  The sex offender's history of juvenile charges,
278whenever available;
279     (V)  The sex offender's offender treatment history,
280including a consultation from the sex offender's treating, or
281most recent treating, therapist;
282     (VI)  The sex offender's current mental status;
283     (VII)  The sex offender's mental health and substance abuse
284history as provided by the Department of Corrections;
285     (VIII)  The sex offender's personal, social, educational,
286and work history;
287     (IX)  The results of current psychological testing of the
288sex offender if determined necessary by the qualified
289practitioner;
290     (X)  A description of the proposed contact, including the
291location, frequency, duration, and supervisory arrangement;
292     (XI)  The child's preference and relative comfort level
293with the proposed contact, when age-appropriate;
294     (XII)  The parent's or legal guardian's preference
295regarding the proposed contact; and
296     (XIII)  The qualified practitioner's opinion, along with
297the basis for that opinion, as to whether the proposed contact
298would likely pose significant risk of emotional or physical harm
299to the child.
300
301The written report of the assessment must be given to the
302commission.
303     b.  A recommendation made as a part of the risk-assessment
304report as to whether supervised contact with the child should be
305approved;
306     c.  A written consent signed by the child's parent or legal
307guardian, if the parent or legal guardian is not the sex
308offender, agreeing to the sex offender having supervised contact
309with the child after receiving full disclosure of the sex
310offender's present legal status, past criminal history, and the
311results of the risk assessment. The commission may not approve
312contact with the child if the parent or legal guardian refuses
313to give written consent for supervised contact;
314     d.  A safety plan prepared by the qualified practitioner,
315who provides treatment to the offender, in collaboration with
316the sex offender, the child's parent or legal guardian, and the
317child, when age appropriate, which details the acceptable
318conditions of contact between the sex offender and the child.
319The safety plan must be reviewed and approved by the Department
320of Corrections before being submitted to the commission; and
321     e.  Evidence that the child's parent or legal guardian, if
322the parent or legal guardian is not the sex offender,
323understands the need for and agrees to the safety plan and has
324agreed to provide, or to designate another adult to provide,
325constant supervision any time the child is in contact with the
326offender.
327
328The commission may not appoint a person to conduct a risk
329assessment and may not accept a risk assessment from a person
330who has not demonstrated to the commission that he or she has
331met the requirements of a qualified practitioner as defined in
332this section.
333     6.  If the victim was under age 18, a prohibition on
334working for pay or as a volunteer at any school, day care
335center, designated public school bus stop, park, playground, or
336other place where children regularly congregate, as prescribed
337by the commission.
338     7.  Unless otherwise indicated in the treatment plan
339provided by the sexual offender treatment program, a prohibition
340on viewing, owning, or possessing any obscene, pornographic, or
341sexually stimulating visual or auditory material, including
342telephone, electronic media, computer programs, or computer
343services that are relevant to the offender's deviant behavior
344pattern.
345     8.  Effective for a releasee whose crime is committed on or
346after July 1, 2005, a prohibition on accessing the Internet or
347other computer services until the offender's sex offender
348treatment program, after a risk assessment is completed,
349approves and implements a safety plan for the offender's
350accessing or using the Internet or other computer services.
351     9.  A requirement that the releasee must submit two
352specimens of blood to the Florida Department of Law Enforcement
353to be registered with the DNA database.
354     10.  A requirement that the releasee make restitution to
355the victim, as determined by the sentencing court or the
356commission, for all necessary medical and related professional
357services relating to physical, psychiatric, and psychological
358care.
359     11.  Submission to a warrantless search by the community
360control or probation officer of the probationer's or community
361controllee's person, residence, or vehicle.
362     Section 4.  Subsection (4) is added to section 948.30,
363Florida Statutes, to read:
364     948.30  Additional terms and conditions of probation or
365community control for certain sex offenses.--Conditions imposed
366pursuant to this section do not require oral pronouncement at
367the time of sentencing and shall be considered standard
368conditions of probation or community control for offenders
369specified in this section.
370     (4)  Effective for probationers or community controllees
371whose crime was committed on or after October 1, 2006, and who
372are placed under supervision for violation of chapter 794, s.
373800.04, s. 827.071, or s. 847.0145, in addition to all other
374standard and special conditions imposed, the court must impose a
375prohibition on living within 2,500 feet of a school, public
376school bus stop located as provided in s. 947.1405(7)(a), day
377care center, park, playground, or other place where children
378regularly congregate as prescribed by the court. For purposes of
379this subsection, a 2,500-foot distance shall be measured as in
380s. 794.065.
381     Section 5.  The amendments in this act to provisions
382restricting the residence of sexual offenders and sexual
383predators shall not require the relocation of such an offender
384who had established, prior to the effective date of this act, a
385residence not in compliance with the amendments to such
386restrictions contained in this act.
387     Section 6.  This act shall take effect October 1, 2006.


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