Senate Bill sb2646
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Florida Senate - 2007 SB 2646
By Senator Aronberg
27-1366-07 See HB
1 A bill to be entitled
2 An act relating to public safety; amending s.
3 775.21, F.S.; revising provisions relating to
4 reimbursement of specified costs by sexual
5 predators; revising provisions relating to the
6 residence of sexual predators; providing
7 penalties; creating s. 775.215, F.S.;
8 specifying residency exclusions for sexual
9 offenders or sexual predators; preempting
10 certain local ordinances; amending s. 775.24,
11 F.S.; revising provisions relating to residency
12 exclusions for sexual predators and sexual
13 offenders; amending s. 794.065, F.S.; providing
14 additional residency restrictions on certain
15 offenders; providing penalties; amending s.
16 947.1405, F.S.; providing additional
17 conditional release restrictions for certain
18 offenders; amending s. 947.141, F.S.; revising
19 provisions relating to hearings alleging a
20 violation of community release by specified
21 releasees for failure to comply with specified
22 residency exclusions; amending s. 948.06, F.S.;
23 revising provisions relating to probation or
24 community control for sexual predators and
25 sexual offenders; amending s. 948.063, F.S.;
26 providing that failure of a sexual predator or
27 sexual offender to obtain a residence in
28 compliance with certain requirements is not a
29 defense in certain proceedings; amending s.
30 948.30, F.S.; revising provisions relating to
31 terms and conditions of probation or community
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Florida Senate - 2007 SB 2646
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1 control for certain sex offenses; providing an
2 effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Paragraph (b) of subsection (3), paragraph
7 (a) of subsection (7) and paragraph (b) of subsection (10), of
8 section 775.21, Florida Statutes, are amended to read:
9 775.21 The Florida Sexual Predators Act.--
10 (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
11 INTENT.--
12 (b) The high level of threat that a sexual predator
13 presents to the public safety, and the long-term effects
14 suffered by victims of sex offenses, provide the state with
15 sufficient justification to implement a strategy that
16 includes:
17 1. Incarcerating sexual predators and maintaining
18 adequate facilities to ensure that decisions to release sexual
19 predators into the community are not made on the basis of
20 inadequate space.
21 2. Providing for specialized supervision of sexual
22 predators who are in the community by specially trained
23 probation officers with low caseloads, as described in ss.
24 947.1405(7) and 948.30. The sexual predator is subject to
25 specified terms and conditions implemented at sentencing or at
26 the time of release from incarceration, with a requirement
27 that those sexual predators found to be indigent may defer
28 payment pursuant to s. 28.246 of all or part of the costs in
29 accordance with the provisions of that section who are
30 financially able must pay all or part of the costs of
31 supervision.
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1 3. Requiring the registration of sexual predators,
2 with a requirement that complete and accurate information be
3 maintained and accessible for use by law enforcement
4 authorities, communities, and the public.
5 4. Providing for community and public notification
6 concerning the presence of sexual predators.
7 5. Prohibiting sexual predators from working with
8 children, either for compensation or as a volunteer.
9 (7) COMMUNITY AND PUBLIC NOTIFICATION.--
10 (a) Law enforcement agencies must inform members of
11 the community and the public of a sexual predator's presence.
12 Upon notification of the presence of a sexual predator, the
13 sheriff of the county or the chief of police of the
14 municipality where the sexual predator establishes or
15 maintains a permanent or temporary residence shall notify
16 members of the community and the public of the presence of the
17 sexual predator in a manner deemed appropriate by the sheriff
18 or the chief of police. Within 48 hours after receiving
19 notification of the presence of a sexual predator, the sheriff
20 of the county or the chief of police of the municipality where
21 the sexual predator temporarily or permanently resides shall
22 notify each licensed day care center, elementary school,
23 middle school, and high school, and library within a 1-mile
24 radius of the temporary or permanent residence of the sexual
25 predator of the presence of the sexual predator. Information
26 provided to members of the community and the public regarding
27 a sexual predator must include:
28 1. The name of the sexual predator;
29 2. A description of the sexual predator, including a
30 photograph;
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1 3. The sexual predator's current address, including
2 the name of the county or municipality if known;
3 4. The circumstances of the sexual predator's offense
4 or offenses; and
5 5. Whether the victim of the sexual predator's offense
6 or offenses was, at the time of the offense, a minor or an
7 adult.
8
9 This paragraph does not authorize the release of the name of
10 any victim of the sexual predator.
11 (10) PENALTIES.--
12 (b) A sexual predator who has been convicted of or
13 found to have committed, or has pled nolo contendere or guilty
14 to, regardless of adjudication, any violation, or attempted
15 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
16 the victim is a minor and the defendant is not the victim's
17 parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
18 796.03; s. 796.035; s. 800.04; s. 827.071; s. 847.0133; s.
19 847.0145; or s. 985.701(1); or a violation of a similar law of
20 another jurisdiction when the victim of the offense was a
21 minor, and who works, whether for compensation or as a
22 volunteer, at any business, school, day care center, park,
23 playground, library, or business or other place where children
24 regularly congregate, commits a felony of the third degree,
25 punishable as provided in s. 775.082, s. 775.083, or s.
26 775.084.
27 Section 2. Section 775.215, Florida Statutes, is
28 created to read:
29 775.215 Residency exclusions for sexual offenders or
30 predators; local ordinances preempted.--
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1 (1) The establishment of residency exclusions
2 applicable to the residences of a person required to register
3 as a sexual offender or sexual predator is expressly preempted
4 to the state, and the provisions of ss. 794.065, 947.1405, and
5 948.30 establishing such exclusions supersede any municipal or
6 county ordinances imposing different exclusions.
7 (2) A provision of any ordinance adopted by a county
8 or municipality prior to October 1, 2007, imposing residency
9 exclusions for the residences of persons subject to the
10 provisions of s. 794.065, s. 947.1405, or s. 948.30 is hereby
11 repealed and abolished as of October 1, 2007.
12 Section 3. Subsection (2) of section 775.24, Florida
13 Statutes, is amended to read:
14 775.24 Duty of the court to uphold laws governing
15 sexual predators and sexual offenders.--
16 (2) If a person meets the criteria in this chapter for
17 designation as a sexual predator or meets the criteria in s.
18 943.0435, s. 944.606, s. 944.607, or any other law for
19 classification as a sexual offender, the court may not enter
20 an order, for the purpose of approving a plea agreement or for
21 any other reason, which:
22 (a) Exempts a person who meets the criteria for
23 designation as a sexual predator or classification as a sexual
24 offender from such designation or classification, or exempts
25 such person from the requirements for registration or
26 community and public notification imposed upon sexual
27 predators and sexual offenders, or exempts such person from
28 the residency exclusions contained in ss. 794.065, 947.1405,
29 and 948.30;
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1 (b) Restricts the compiling, reporting, or release of
2 public records information that relates to sexual predators or
3 sexual offenders; or
4 (c) Prevents any person or entity from performing its
5 duties or operating within its statutorily conferred authority
6 as such duty or authority relates to sexual predators or
7 sexual offenders.
8 Section 4. Section 794.065, Florida Statutes, is
9 amended to read:
10 794.065 Unlawful place of residence for persons
11 convicted of certain sex offenses.--
12 (1)(a)1. It is unlawful for any person who has been
13 convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
14 or s. 847.0145, regardless of whether adjudication has been
15 withheld, in which the victim of the offense was less than 16
16 years of age, to reside within 1,000 feet of any school, day
17 care center, park, or playground.
18 2. A person who violates this section and whose
19 conviction for an offense listed in subparagraph 1. under s.
20 794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified
21 as:
22 a. A felony of the first degree or higher, commits a
23 felony of the third degree, punishable as provided in s.
24 775.082 or s. 775.083. A person who violates this section and
25 whose conviction under s. 794.011, s. 800.04, s. 827.071, or
26 s. 847.0145 was classified as
27 b. A felony of the second or third degree, commits a
28 misdemeanor of the first degree, punishable as provided in s.
29 775.082 or s. 775.083.
30 (b)(2) This subsection section applies to any person
31 convicted of an offense listed in subparagraph (a)1. if the
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1 offense occurred a violation of s. 794.011, s. 800.04, s.
2 827.071, or s. 847.0145 for offenses that occur on or after
3 October 1, 2004.
4 (2)(a)1. It is unlawful for any person who has been
5 convicted of a violation of s. 787.01, s. 787.02, s. 794.011,
6 s. 800.04, s. 827.071, or s. 847.0145, regardless of whether
7 adjudication has been withheld, in which the victim of the
8 offense was less than 16 years of age, to reside within 1,500
9 feet of any school, day care center, park, playground,
10 library, or other business or place where children regularly
11 congregate.
12 2. A person violating this subsection whose conviction
13 of an offense listed in subparagraph 1. was classified as:
14 a. A felony of the first degree or higher, commits a
15 felony of the third degree, punishable as provided in s.
16 775.082 or s. 775.083.
17 b. A felony of the second or third degree, commits a
18 misdemeanor of the first degree, punishable as provided in s.
19 775.082 or s. 775.083.
20 (b) The distances in this subsection shall be measured
21 in a straight line from the offender's place of residence to
22 the nearest boundary line of the school, day care center,
23 park, playground, library, or other business or place where
24 children regularly congregate. The distance may not be
25 measured by a pedestrian route or automobile route.
26 (c) This subsection applies to any person convicted of
27 an offense listed in subparagraph (a)1. if the offense
28 occurred on or after October 1, 2007.
29 Section 5. Subsections (2) and (6) and paragraph (a)
30 of subsection (7) of section 947.1405, Florida Statutes, are
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1 amended, and subsection (11) is added to that section, to
2 read:
3 947.1405 Conditional release program.--
4 (2)(a) Any inmate who:
5 1.(a) Is convicted of a crime committed on or after
6 October 1, 1988, and before January 1, 1994;, and any inmate
7 who is convicted of a crime committed on or after January 1,
8 1994, which crime is or was contained in category 1, category
9 2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
10 Florida Rules of Criminal Procedure (1993), and who has served
11 at least one prior felony commitment at a state or federal
12 correctional institution; or is convicted of any of the
13 following offenses committed on or after October 1, 2007:
14 a. Kidnapping, under s. 787.01(1)(b);
15 b. False imprisonment, under s. 787.02(1)(b);
16 c. Sexual performance by a child, under s. 827.071; or
17 d. Selling or buying of minors, under s. 847.0145;
18 2.(b) Is sentenced as a habitual or violent habitual
19 offender or a violent career criminal pursuant to s. 775.084;
20 or
21 3.(c) Is found to be a sexual predator under s. 775.21
22 or former s. 775.23,
23
24 shall, upon reaching the tentative release date or provisional
25 release date, whichever is earlier, as established by the
26 Department of Corrections, be released under supervision
27 subject to specified terms and conditions, including payment
28 of the cost of supervision pursuant to s. 948.09. Such
29 supervision shall be applicable to all sentences within the
30 overall term of sentences if an inmate's overall term of
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1 sentences includes one or more sentences that are eligible for
2 conditional release supervision as provided herein.
3 (b) Effective July 1, 1994, and applicable for
4 offenses committed on or after that date, the commission may
5 require, as a condition of conditional release, that the
6 releasee make payment of the debt due and owing to a county or
7 municipal detention facility under s. 951.032 for medical
8 care, treatment, hospitalization, or transportation received
9 by the releasee while in that detention facility. The
10 commission, in determining whether to order such repayment and
11 the amount of such repayment, shall consider the amount of the
12 debt, whether there was any fault of the institution for the
13 medical expenses incurred, the financial resources of the
14 releasee, the present and potential future financial needs and
15 earning ability of the releasee, and dependents, and other
16 appropriate factors.
17 (c) If any inmate, other than an inmate required to
18 register as a sexual predator under s. 775.21 or as a sexual
19 offender under s. 943.0435, placed on conditional release
20 supervision is also subject to probation or community control,
21 resulting from a probationary or community control split
22 sentence within the overall term of sentences, the Department
23 of Corrections shall supervise such person according to the
24 conditions imposed by the court and the commission shall defer
25 to such supervision. If the court revokes probation or
26 community control and resentences the offender to a term of
27 incarceration, such revocation also constitutes a sufficient
28 basis for the revocation of the conditional release
29 supervision on any nonprobationary or noncommunity control
30 sentence without further hearing by the commission. If any
31 such supervision on any nonprobationary or noncommunity
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1 control sentence is revoked, such revocation may result in a
2 forfeiture of all gain-time, and the commission may revoke the
3 resulting deferred conditional release supervision or take
4 other action it considers appropriate. If the term of
5 conditional release supervision exceeds that of the probation
6 or community control, then, upon expiration of the probation
7 or community control, authority for the supervision shall
8 revert to the commission and the supervision shall be subject
9 to the conditions imposed by the commission.
10 (d) If any inmate required to register as a sexual
11 predator under s. 775.21 or as a sexual offender under s.
12 943.0435 is placed on conditional release supervision and is
13 also subject to probation or community supervision, the period
14 of court-ordered community supervision shall not be
15 substituted for conditional release supervision and shall
16 follow the term of conditional release supervision.
17 (e) A panel of no fewer than two commissioners shall
18 establish the terms and conditions of any such release. If the
19 offense was a controlled substance violation, the conditions
20 shall include a requirement that the offender submit to random
21 substance abuse testing intermittently throughout the term of
22 conditional release supervision, upon the direction of the
23 correctional probation officer as defined in s. 943.10(3). The
24 commission shall also determine whether the terms and
25 conditions of such release have been violated and whether such
26 violation warrants revocation of the conditional release.
27 (6) The commission shall review the recommendations of
28 the department, and such other information as it deems
29 relevant, and may conduct a review of the inmate's record for
30 the purpose of establishing the terms and conditions of the
31 conditional release. The commission may impose any special
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1 conditions it considers warranted from its review of the
2 release plan and recommendation. If the commission determines
3 that the inmate is eligible for release under this section,
4 the commission shall enter an order establishing the length of
5 supervision and the conditions attendant thereto. However, an
6 inmate who has been convicted of a violation of chapter 794 or
7 found by the court to be a sexual predator is subject to the
8 maximum level of supervision provided, with the mandatory
9 conditions as required in subsection (7), and that supervision
10 shall continue through the end of the releasee's original
11 court-imposed sentence. The length of supervision must not
12 exceed the maximum penalty imposed by the court. The
13 commission may modify the conditions of supervision at any
14 time.
15 (7)(a) Any inmate who is convicted of a crime
16 committed on or after October 1, 1995, or who has been
17 previously convicted of a crime committed on or after October
18 1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,
19 or s. 847.0145, and is subject to conditional release
20 supervision, shall have, in addition to any other conditions
21 imposed, the following special conditions imposed by the
22 commission:
23 1. A mandatory curfew from 10 p.m. to 6 a.m. The
24 commission may designate another 8-hour period if the
25 offender's employment precludes the above specified time, and
26 such alternative is recommended by the Department of
27 Corrections. If the commission determines that imposing a
28 curfew would endanger the victim, the commission may consider
29 alternative sanctions.
30 2.a. If the victim was under the age of 18, a
31 prohibition on living within 1,000 feet of a school, day care
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1 center, park, playground, designated public school bus stop,
2 or other place where children regularly congregate. A releasee
3 who is subject to this subparagraph may not relocate to a
4 residence that is within 1,000 feet of a public school bus
5 stop.
6 b. Beginning October 1, 2004, the commission or the
7 department may not approve a residence that is located within
8 1,000 feet of a school, day care center, park, playground,
9 designated school bus stop, or other place where children
10 regularly congregate for any releasee who is subject to this
11 subparagraph. On October 1, 2004, the department shall notify
12 each affected school district of the location of the residence
13 of a releasee 30 days prior to release and thereafter, if the
14 releasee relocates to a new residence, shall notify any
15 affected school district of the residence of the releasee
16 within 30 days after relocation. If, on October 1, 2004, any
17 public school bus stop is located within 1,000 feet of the
18 existing residence of such releasee, the district school board
19 shall relocate that school bus stop. Beginning October 1,
20 2004, a district school board may not establish or relocate a
21 public school bus stop within 1,000 feet of the residence of a
22 releasee who is subject to this subparagraph. The failure of
23 the district school board to comply with this subparagraph
24 shall not result in a violation of conditional release
25 supervision.
26 c. Beginning October 1, 2007, neither the commission
27 nor the department may approve a residence located within
28 1,500 feet of a school, day care center, park, playground,
29 designated school bus stop, library, or other business or
30 place where children regularly congregate for any releasee who
31 is subject to this subparagraph. The distance provided in this
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1 sub-subparagraph shall be measured in a straight line from the
2 offender's place of residence to the nearest boundary line of
3 the school, day care center, park, playground, library, or
4 other business or place where children regularly congregate.
5 The distance may not be measured by a pedestrian route or
6 automobile route.
7 3. Active participation in and successful completion
8 of a sex offender treatment program with qualified
9 practitioners specifically trained to treat sex offenders, at
10 the releasee's own expense. If a qualified practitioner is not
11 available within a 50-mile radius of the releasee's residence,
12 the offender shall participate in other appropriate therapy.
13 4. A prohibition on any contact with the victim,
14 directly or indirectly, including through a third person,
15 unless approved by the victim, the offender's therapist, and
16 the sentencing court.
17 5. If the victim was under the age of 18, a
18 prohibition against contact with children under the age of 18
19 without review and approval by the commission. The commission
20 may approve supervised contact with a child under the age of
21 18 if the approval is based upon a recommendation for contact
22 issued by a qualified practitioner who is basing the
23 recommendation on a risk assessment. Further, the sex offender
24 must be currently enrolled in or have successfully completed a
25 sex offender therapy program. The commission may not grant
26 supervised contact with a child if the contact is not
27 recommended by a qualified practitioner and may deny
28 supervised contact with a child at any time. When considering
29 whether to approve supervised contact with a child, the
30 commission must review and consider the following:
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1 a. A risk assessment completed by a qualified
2 practitioner. The qualified practitioner must prepare a
3 written report that must include the findings of the
4 assessment and address each of the following components:
5 (I) The sex offender's current legal status;
6 (II) The sex offender's history of adult charges with
7 apparent sexual motivation;
8 (III) The sex offender's history of adult charges
9 without apparent sexual motivation;
10 (IV) The sex offender's history of juvenile charges,
11 whenever available;
12 (V) The sex offender's offender treatment history,
13 including a consultation from the sex offender's treating, or
14 most recent treating, therapist;
15 (VI) The sex offender's current mental status;
16 (VII) The sex offender's mental health and substance
17 abuse history as provided by the Department of Corrections;
18 (VIII) The sex offender's personal, social,
19 educational, and work history;
20 (IX) The results of current psychological testing of
21 the sex offender if determined necessary by the qualified
22 practitioner;
23 (X) A description of the proposed contact, including
24 the location, frequency, duration, and supervisory
25 arrangement;
26 (XI) The child's preference and relative comfort level
27 with the proposed contact, when age-appropriate;
28 (XII) The parent's or legal guardian's preference
29 regarding the proposed contact; and
30 (XIII) The qualified practitioner's opinion, along
31 with the basis for that opinion, as to whether the proposed
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1 contact would likely pose significant risk of emotional or
2 physical harm to the child.
3
4 The written report of the assessment must be given to the
5 commission.
6 b. A recommendation made as a part of the
7 risk-assessment report as to whether supervised contact with
8 the child should be approved;
9 c. A written consent signed by the child's parent or
10 legal guardian, if the parent or legal guardian is not the sex
11 offender, agreeing to the sex offender having supervised
12 contact with the child after receiving full disclosure of the
13 sex offender's present legal status, past criminal history,
14 and the results of the risk assessment. The commission may not
15 approve contact with the child if the parent or legal guardian
16 refuses to give written consent for supervised contact;
17 d. A safety plan prepared by the qualified
18 practitioner, who provides treatment to the offender, in
19 collaboration with the sex offender, the child's parent or
20 legal guardian, and the child, when age appropriate, which
21 details the acceptable conditions of contact between the sex
22 offender and the child. The safety plan must be reviewed and
23 approved by the Department of Corrections before being
24 submitted to the commission; and
25 e. Evidence that the child's parent or legal guardian,
26 if the parent or legal guardian is not the sex offender,
27 understands the need for and agrees to the safety plan and has
28 agreed to provide, or to designate another adult to provide,
29 constant supervision any time the child is in contact with the
30 offender.
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1 The commission may not appoint a person to conduct a risk
2 assessment and may not accept a risk assessment from a person
3 who has not demonstrated to the commission that he or she has
4 met the requirements of a qualified practitioner as defined in
5 this section.
6 6. If the victim was under age 18, a prohibition on
7 working for pay or as a volunteer at any school, day care
8 center, park, playground, library, or other business or place
9 where children regularly congregate, as prescribed by the
10 commission.
11 7. Unless otherwise indicated in the treatment plan
12 provided by the sexual offender treatment program, a
13 prohibition on viewing, owning, or possessing any obscene,
14 pornographic, or sexually stimulating visual or auditory
15 material, including telephone, electronic media, computer
16 programs, or computer services that are relevant to the
17 offender's deviant behavior pattern.
18 8. Effective for a releasee whose crime is committed
19 on or after July 1, 2005, a prohibition on accessing the
20 Internet or other computer services until the offender's sex
21 offender treatment program, after a risk assessment is
22 completed, approves and implements a safety plan for the
23 offender's accessing or using the Internet or other computer
24 services.
25 9. A requirement that the releasee must submit two
26 specimens of blood to the Florida Department of Law
27 Enforcement to be registered with the DNA database.
28 10. A requirement that the releasee make restitution
29 to the victim, as determined by the sentencing court or the
30 commission, for all necessary medical and related professional
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1 services relating to physical, psychiatric, and psychological
2 care.
3 11. Submission to a warrantless search by the
4 community control or probation officer of the probationer's or
5 community controllee's person, residence, or vehicle. Such
6 warrantless search includes the use of electronic monitoring
7 or other means in the case of a person convicted of an offense
8 under s. 775.21(4)(a)1.
9 (11) Effective for a releasee whose crime was a
10 violation of s. 787.01(1)(b) or s. 787.02(1)(b) committed on
11 or after October 1, 2007, and whose crime involved a victim
12 less than 16 years of age and an offender 18 years of age or
13 older, in addition to any other provision of this section, the
14 commission must order electronic monitoring for the duration
15 of the releasee's supervision.
16 Section 6. Subsection (8) is added to section 947.141,
17 Florida Statutes, to read:
18 947.141 Violations of conditional release, control
19 release, or conditional medical release or addiction-recovery
20 supervision.--
21 (8) Because of the compelling state interest in
22 protecting the public from sexual offenders or sexual
23 predators granted the privilege of conditional release, in any
24 hearing alleging a violation of community release by a
25 releasee for failure to comply with the residency exclusion in
26 s. 947.1405, the inability of the releasee to locate a
27 residence in compliance with s. 947.1405 shall not be a
28 defense to the finding of a violation under this section.
29 Section 7. Subsection (4) of section 948.06, Florida
30 Statutes, is amended to read:
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1 948.06 Violation of probation or community control;
2 revocation; modification; continuance; failure to pay
3 restitution or cost of supervision.--
4 (4) Notwithstanding any other provision of this
5 section, a probationer or an offender in community control who
6 is arrested for violating his or her probation or community
7 control in a material respect may be taken before the court in
8 the county or circuit in which the probationer or offender was
9 arrested. That court shall advise him or her of such charge of
10 a violation and, if such charge is admitted, shall cause him
11 or her to be brought before the court which granted the
12 probation or community control. If such violation is not
13 admitted by the probationer or offender, the court may commit
14 him or her or release him or her with or without bail to await
15 further hearing. However, if the probationer or offender is
16 under supervision for any criminal offense proscribed in
17 chapter 794, s. 800.04(4), (5), (6), s. 827.071, or s.
18 847.0145, or is a registered sexual predator or a registered
19 sexual offender, or is under supervision for a criminal
20 offense for which he or she would meet the registration
21 criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the
22 effective date of those sections, the court must make a
23 finding that the probationer or offender poses no is not a
24 danger to the public prior to release with or without bail. In
25 determining that the offender poses no danger to the public
26 the danger posed by the offender's or probationer's release,
27 the court may consider the nature and circumstances of the
28 violation and any new offenses charged; the offender's or
29 probationer's past and present conduct, including convictions
30 of crimes; any record of arrests without conviction for crimes
31 involving violence or sexual crimes; any other evidence of
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1 allegations of unlawful sexual conduct or the use of violence
2 by the offender or probationer; the offender's or
3 probationer's family ties, length of residence in the
4 community, employment history, and mental condition; his or
5 her history and conduct during the probation or community
6 control supervision from which the violation arises and any
7 other previous supervisions, including disciplinary records of
8 previous incarcerations; the likelihood that the offender or
9 probationer will engage again in a criminal course of conduct;
10 the weight of the evidence against the offender or
11 probationer; whether or not the probationer is currently
12 subject to electronic monitoring; and any other facts the
13 court considers relevant. The court, as soon as is
14 practicable, shall give the probationer or offender an
15 opportunity to be fully heard on his or her behalf in person
16 or by counsel. After such hearing, the court shall make
17 findings of fact and forward the findings to the court which
18 granted the probation or community control and to the
19 probationer or offender or his or her attorney. The findings
20 of fact by the hearing court are binding on the court which
21 granted the probation or community control. Upon the
22 probationer or offender being brought before it, the court
23 which granted the probation or community control may revoke,
24 modify, or continue the probation or community control or may
25 place the probationer into community control as provided in
26 this section.
27 Section 8. Subsection (3) is added to section 948.063,
28 Florida Statutes, to read:
29 948.063 Violations of probation or community control
30 by designated sexual offenders and sexual predators.--
31
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1 (3) Because of the compelling state interest in
2 protecting the public from sexual predators or sexual
3 offenders on probation, in any hearing alleging a violation of
4 probation by a releasee for failure to comply with the
5 residency exclusion in s. 948.30, the inability of the
6 probationer to locate a residence in compliance with s. 948.30
7 shall not be a defense to the finding of a violation under
8 this section.
9 Section 9. Paragraphs (b) and (k) of subsection (1)
10 and subsection (3) of section 948.30, Florida Statutes, are
11 amended, and subsection (4) is added to that section, to read:
12 948.30 Additional terms and conditions of probation or
13 community control for certain sex offenses.--Conditions
14 imposed pursuant to this section do not require oral
15 pronouncement at the time of sentencing and shall be
16 considered standard conditions of probation or community
17 control for offenders specified in this section.
18 (1) Effective for probationers or community
19 controllees whose crime was committed on or after October 1,
20 1995, and who are placed under supervision for violation of
21 chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court
22 must impose the following conditions in addition to all other
23 standard and special conditions imposed:
24 (b)1. Except as provided in subparagraph 2., if the
25 victim was under the age of 18, a prohibition on living within
26 1,000 feet of a school, day care center, park, playground, or
27 other place where children regularly congregate, as prescribed
28 by the court. The 1,000-foot distance shall be measured in a
29 straight line from the offender's place of residence to the
30 nearest boundary line of the school, day care center, park,
31 playground, or other place where children regularly
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1 congregate. The distance may not be measured by a pedestrian
2 route or automobile route.
3 2. For probationers or community controllees whose
4 crime was committed on or after October 1, 2007, if the victim
5 was under the age of 18, a prohibition on living within 1,500
6 feet of a school, day care center, park, playground, library,
7 or other business or place where children regularly
8 congregate, as prescribed by the court. This distance shall be
9 measured in a straight line from the offender's place of
10 residence to the nearest boundary line of the school, day care
11 center, park, playground, library, or other business or place
12 where children regularly congregate. The distance may not be
13 measured by a pedestrian route or automobile route.
14 (k) Submission to a warrantless search by the
15 community control or probation officer of the probationer's or
16 community controllee's person, residence, or vehicle. Such a
17 warrantless search includes the use of electronic monitoring
18 or other means in the case of a person convicted of an offense
19 under s. 775.21(4)(a)1.
20 (3) Effective for a probationer or community
21 controllee whose crime was committed on or after September 1,
22 2005, and who:
23 (a) Is placed on probation or community control for a
24 violation of chapter 794, s. 800.04(4), (5), or (6), s.
25 827.071, or s. 847.0145 and the unlawful sexual activity
26 involved a victim under 16 15 years of age or younger and the
27 offender is 18 years of age or older;
28 (b) Is designated a sexual predator pursuant to s.
29 775.21; or
30 (c) Has previously been convicted of a violation of
31 chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
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1 847.0145 and the unlawful sexual activity involved a victim
2 under 16 15 years of age or younger and the offender is 18
3 years of age or older,
4
5 the court must order, in addition to any other provision of
6 this section, mandatory electronic monitoring as a condition
7 of the probation or community control supervision.
8 (4) Effective for a probationer or community
9 controllee whose crime was committed on or after October 1,
10 2007, who has previously been convicted of a violation of s.
11 787.01(1)(b) or s. 787.02(1)(b), and the unlawful sexual
12 activity involved a victim under 16 years of age and the
13 offender is 18 years of age or older, the court must order, in
14 addition to any other provision of this section, mandatory
15 electronic monitoring as a condition of the probation or
16 community control supervision.
17 Section 10. This act shall take effect October 1,
18 2007.
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