HB 0091

CS

CHAMBER ACTION

1	The Criminal Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to residence of sexual offenders and
7	predators; amending s. 794.065, F.S.; revising provisions
8	relating to the residence of specified sex offenders;
9	providing definitions; prohibiting the knowing rental or
10	lease of a residence within 2,500 feet of specified
11	locations to a restricted sex offender who intends to
12	occupy the unit; providing a due diligence defense;
13	providing criminal penalties; providing applicability to
14	county and municipal ordinances; amending s. 947.1405,
15	F.S.; revising conditional release program restrictions on
16	the residence of certain sexual offenders; amending s.
17	948.30, F.S.; revising terms and conditions of probation
18	or community control restricting the residence of persons
19	convicted of certain sex offenses; providing that
20	amendments in this act to provisions restricting the
21	residence of sexual offenders and sexual predators shall
22	not require the relocation of such an offender who had
23	established, prior to the effective date of this act, a
24	residence not in compliance with the amendments to such
25	restrictions; providing an effective date.
26
27	WHEREAS, recent attacks on children by registered sex
28	offenders within this state have shed light on the necessity of
29	providing greater protection to children from the risks posed by
30	registered sex offenders, and
31	WHEREAS, the recidivism rate of sex offenders is high,
32	especially for offenders who commit crimes involving children,
33	and
34	WHEREAS, the Legislature is deeply concerned about the
35	health, safety, and protection of all of Florida's residents,
36	particularly its children, NOW, THEREFORE,
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 794.065, Florida Statutes, is amended
41	to read:
42	794.065  Unlawful place of residence for restricted sex
43	offenders; certain leases prohibited persons convicted of
44	certain sex offenses.--
45	(1)  As used in this section, the term:
46	(a)  "Convicted" shall have the same meaning as provided in
47	s. 943.0435.
48	(b)  "Restricted sex offender" means a person convicted of:
49	1.  A felony violation of any statute listed in s.
50	943.0435(1)(a)1.;
51	2.  Any similar offense committed in this state that has
52	been redesignated from a former statute number to one of those
53	listed in s. 943.0435(1)(a)1.; or
54	3.  Any similar offense in another jurisdiction that would
55	be a felony if committed in this state,
56
57	where the victim of the offense was under the age of 18 at the
58	time of the offense and the offender was 18 years of age or
59	older at the time of the offense, or the offender was under the
60	age of 18 at the time of the offense and was prosecuted as an
61	adult.
62	(c)  "Within 2,500 feet" means a distance that shall be
63	measured in a straight line from the outer boundary of the real
64	property upon which the residential dwelling unit of the
65	restricted sex offender is located. The distance may not be
66	measured by a pedestrian route or automobile route, but instead
67	shall be measured as the shortest straight line between the two
68	points without regard to any intervening structures or objects.
69	Without otherwise limiting the foregoing measurement
70	instructions, under those circumstances in which the residential
71	dwelling unit of the restricted sex offender is within a
72	cooperative, condominium, or apartment building, the parcel of
73	real property described in this paragraph shall consist of the
74	parcel or parcels of real property upon which the cooperative,
75	condominium, or apartment building that contains the residential
76	dwelling unit of the restricted sex offender is located.
77	(2)(a)  It is unlawful for any person who is a restricted
78	sex offender to reside within 2,500 feet of any school, public
79	school bus stop located as provided in s. 947.1405(7)(a), day
80	care center, park, playground, or other place where children
81	regularly congregate. A restricted sex offender who violates
82	this section and whose conviction of an offense described in
83	paragraph (1)(b) was classified as a felony of the first degree
84	or higher commits a felony of the third degree, punishable as
85	provided in s. 775.082 or s. 775.083. A restricted sex offender
86	who violates this section and whose conviction of an offense
87	described in paragraph (1)(b) was classified as a felony of the
88	second or third degree commits a misdemeanor of the first
89	degree, punishable as provided in s. 775.082 or s. 775.083.
90	(b)  The provisions of this subsection shall not prohibit a
91	restricted sex offender from continuing to reside at his or her
92	residence solely because a school, public school bus stop
93	located as provided in s. 947.1405(7)(a), day care center, park,
94	playground, or other place where children regularly congregate
95	is built or established within 2,500 feet of that residence
96	after the offender has established residence.
97	(c)  This subsection applies to any person convicted of an
98	offense described in paragraph (1)(b) that occurs on or after
99	October 1, 2006.
100	(3)(a)(1)  It is unlawful for any person who has been
101	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
102	or s. 847.0145, regardless of whether adjudication has been
103	withheld, in which the victim of the offense was less than 16
104	years of age, to reside within 1,000 feet of any school, day
105	care center, park, or playground. A person who violates this
106	section and whose conviction under s. 794.011, s. 800.04, s.
107	827.071, or s. 847.0145 was classified as a felony of the first
108	degree or higher commits a felony of the third degree,
109	punishable as provided in s. 775.082 or s. 775.083. A person who
110	violates this section and whose conviction under s. 794.011, s.
111	800.04, s. 827.071, or s. 847.0145 was classified as a felony of
112	the second or third degree commits a misdemeanor of the first
113	degree, punishable as provided in s. 775.082 or s. 775.083.
114	(b)(2)  This subsection section applies to any person
115	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
116	or s. 847.0145 for offenses that occur on or after October 1,
117	2004.
118	(4)  A landlord or owner of a residential dwelling unit
119	shall not knowingly rent or lease a residential dwelling unit
120	located within 2,500 feet of a school, public school bus stop
121	located as provided in s. 947.1405(7)(a), day care center, park,
122	playground, or other place where children regularly congregate
123	if a prospective tenant, as defined in s. 83.43, is a restricted
124	sex offender who intends to occupy the unit. A person who
125	violates this subsection commits a misdemeanor of the second
126	degree, punishable as provided in s. 775.082 or s. 775.083. It
127	shall be an affirmative defense to this offense that prior to
128	rental or lease the landlord or owner used due diligence and was
129	unable to determine that a prospective tenant of the unit was a
130	restricted sex offender intending to occupy the unit.
131	(5)  Nothing contained in this section shall prevent any
132	county or municipality from enacting an ordinance relating to
133	restrictions on the location of the residence of restricted sex
134	offenders provided that such restrictions are identical to the
135	provisions of this section. Such an ordinance may differ as to
136	the offenses that might subject an offender to residence
137	restrictions.
138	Section 2.  Paragraph (a) of subsection (7) of section
139	947.1405, Florida Statutes, is amended to read:
140	947.1405  Conditional release program.--
141	(7)(a)  Any inmate who is convicted of a crime committed on
142	or after October 1, 1995, or who has been previously convicted
143	of a crime committed on or after October 1, 1995, in violation
144	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
145	subject to conditional release supervision, shall have, in
146	addition to any other conditions imposed, the following special
147	conditions imposed by the commission:
148	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
149	commission may designate another 8-hour period if the offender's
150	employment precludes the above specified time, and such
151	alternative is recommended by the Department of Corrections. If
152	the commission determines that imposing a curfew would endanger
153	the victim, the commission may consider alternative sanctions.
154	2.  If the victim was under the age of 18, a prohibition on
155	living within 2,500 1,000 feet of a school, day care center,
156	park, playground, designated public school bus stop, or other
157	place where children regularly congregate. A releasee who is
158	subject to this subparagraph may not relocate to a residence
159	that is within 2,500 1,000 feet of a public school bus stop.
160	Beginning October 1, 2006 2004, the commission or the department
161	may not approve a residence that is located within 2,500 1,000
162	feet of a school, day care center, park, playground, designated
163	school bus stop, or other place where children regularly
164	congregate for any releasee who is subject to this subparagraph.
165	On October 1, 2006 2004, the department shall notify each
166	affected school district of the location of the residence of a
167	releasee 30 days prior to release and thereafter, if the
168	releasee relocates to a new residence, shall notify any affected
169	school district of the residence of the releasee within 30 days
170	after relocation. If, on October 1, 2006 2004, any public school
171	bus stop is located within 2,500 1,000 feet of the existing
172	residence of such releasee, the district school board shall
173	relocate that school bus stop. Beginning October 1, 2006 2004, a
174	district school board may not establish or relocate a public
175	school bus stop within 2,500 1,000 feet of the residence of a
176	releasee who is subject to this subparagraph. The failure of the
177	district school board to comply with this subparagraph shall not
178	result in a violation of conditional release supervision. The
179	provisions of this subparagraph shall not apply to a bus stop
180	specifically designated for an exceptional student. For purposes
181	of this subparagraph, a 2,500-foot distance shall be measured as
182	in s. 794.065.
183	3.  Active participation in and successful completion of a
184	sex offender treatment program with qualified practitioners
185	specifically trained to treat sex offenders, at the releasee's
186	own expense. If a qualified practitioner is not available within
187	a 50-mile radius of the releasee's residence, the offender shall
188	participate in other appropriate therapy.
189	4.  A prohibition on any contact with the victim, directly
190	or indirectly, including through a third person, unless approved
191	by the victim, the offender's therapist, and the sentencing
192	court.
193	5.  If the victim was under the age of 18, a prohibition
194	against contact with children under the age of 18 without review
195	and approval by the commission. The commission may approve
196	supervised contact with a child under the age of 18 if the
197	approval is based upon a recommendation for contact issued by a
198	qualified practitioner who is basing the recommendation on a
199	risk assessment. Further, the sex offender must be currently
200	enrolled in or have successfully completed a sex offender
201	therapy program. The commission may not grant supervised contact
202	with a child if the contact is not recommended by a qualified
203	practitioner and may deny supervised contact with a child at any
204	time. When considering whether to approve supervised contact
205	with a child, the commission must review and consider the
206	following:
207	a.  A risk assessment completed by a qualified
208	practitioner. The qualified practitioner must prepare a written
209	report that must include the findings of the assessment and
210	address each of the following components:
211	(I)  The sex offender's current legal status;
212	(II)  The sex offender's history of adult charges with
213	apparent sexual motivation;
214	(III)  The sex offender's history of adult charges without
215	apparent sexual motivation;
216	(IV)  The sex offender's history of juvenile charges,
217	whenever available;
218	(V)  The sex offender's offender treatment history,
219	including a consultation from the sex offender's treating, or
220	most recent treating, therapist;
221	(VI)  The sex offender's current mental status;
222	(VII)  The sex offender's mental health and substance abuse
223	history as provided by the Department of Corrections;
224	(VIII)  The sex offender's personal, social, educational,
225	and work history;
226	(IX)  The results of current psychological testing of the
227	sex offender if determined necessary by the qualified
228	practitioner;
229	(X)  A description of the proposed contact, including the
230	location, frequency, duration, and supervisory arrangement;
231	(XI)  The child's preference and relative comfort level
232	with the proposed contact, when age-appropriate;
233	(XII)  The parent's or legal guardian's preference
234	regarding the proposed contact; and
235	(XIII)  The qualified practitioner's opinion, along with
236	the basis for that opinion, as to whether the proposed contact
237	would likely pose significant risk of emotional or physical harm
238	to the child.
239
240	The written report of the assessment must be given to the
241	commission.
242	b.  A recommendation made as a part of the risk-assessment
243	report as to whether supervised contact with the child should be
244	approved;
245	c.  A written consent signed by the child's parent or legal
246	guardian, if the parent or legal guardian is not the sex
247	offender, agreeing to the sex offender having supervised contact
248	with the child after receiving full disclosure of the sex
249	offender's present legal status, past criminal history, and the
250	results of the risk assessment. The commission may not approve
251	contact with the child if the parent or legal guardian refuses
252	to give written consent for supervised contact;
253	d.  A safety plan prepared by the qualified practitioner,
254	who provides treatment to the offender, in collaboration with
255	the sex offender, the child's parent or legal guardian, and the
256	child, when age appropriate, which details the acceptable
257	conditions of contact between the sex offender and the child.
258	The safety plan must be reviewed and approved by the Department
259	of Corrections before being submitted to the commission; and
260	e.  Evidence that the child's parent or legal guardian, if
261	the parent or legal guardian is not the sex offender,
262	understands the need for and agrees to the safety plan and has
263	agreed to provide, or to designate another adult to provide,
264	constant supervision any time the child is in contact with the
265	offender.
266
267	The commission may not appoint a person to conduct a risk
268	assessment and may not accept a risk assessment from a person
269	who has not demonstrated to the commission that he or she has
270	met the requirements of a qualified practitioner as defined in
271	this section.
272	6.  If the victim was under age 18, a prohibition on
273	working for pay or as a volunteer at any school, day care
274	center, park, playground, or other place where children
275	regularly congregate, as prescribed by the commission.
276	7.  Unless otherwise indicated in the treatment plan
277	provided by the sexual offender treatment program, a prohibition
278	on viewing, owning, or possessing any obscene, pornographic, or
279	sexually stimulating visual or auditory material, including
280	telephone, electronic media, computer programs, or computer
281	services that are relevant to the offender's deviant behavior
282	pattern.
283	8.  Effective for a releasee whose crime is committed on or
284	after July 1, 2005, a prohibition on accessing the Internet or
285	other computer services until the offender's sex offender
286	treatment program, after a risk assessment is completed,
287	approves and implements a safety plan for the offender's
288	accessing or using the Internet or other computer services.
289	9.  A requirement that the releasee must submit two
290	specimens of blood to the Florida Department of Law Enforcement
291	to be registered with the DNA database.
292	10.  A requirement that the releasee make restitution to
293	the victim, as determined by the sentencing court or the
294	commission, for all necessary medical and related professional
295	services relating to physical, psychiatric, and psychological
296	care.
297	11.  Submission to a warrantless search by the community
298	control or probation officer of the probationer's or community
299	controllee's person, residence, or vehicle.
300	Section 3.  Subsection (4) is added to section 948.30,
301	Florida Statutes, to read:
302	948.30  Additional terms and conditions of probation or
303	community control for certain sex offenses.--Conditions imposed
304	pursuant to this section do not require oral pronouncement at
305	the time of sentencing and shall be considered standard
306	conditions of probation or community control for offenders
307	specified in this section.
308	(4)  Effective for probationers or community controllees
309	whose crime was committed on or after October 1, 2006, and who
310	are placed under supervision for violation of chapter 794, s.
311	800.04, s. 827.071, or s. 847.0145, in addition to all other
312	standard and special conditions imposed, the court must impose a
313	prohibition on living within 2,500 feet of a school, public
314	school bus stop located as provided in s. 947.1405(7)(a), day
315	care center, park, playground, or other place where children
316	regularly congregate as prescribed by the court. For purposes of
317	this subsection, a 2,500-foot distance shall be measured as in
318	s. 794.065.
319	Section 4.  The amendments in this act to provisions
320	restricting the residence of sexual offenders and sexual
321	predators shall not require the relocation of such an offender
322	who had established, prior to the effective date of this act, a
323	residence not in compliance with the amendments to such
324	restrictions contained in this act.
325	Section 5.  This act shall take effect October 1, 2006.

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