HB 683

1
A bill to be entitled
2An act relating to public safety; amending s. 775.21,
3F.S.; revising provisions relating to reimbursement of
4specified costs by sexual predators; revising provisions
5relating to the residence of sexual predators; providing
6penalties; creating s. 775.215, F.S.; specifying residency
7exclusions for sexual offenders or sexual predators;
8preempting certain local ordinances; amending s. 775.24,
9F.S.; revising provisions relating to residency exclusions
10for sexual predators and sexual offenders; amending s.
11794.065, F.S.; providing additional residency restrictions
12on certain offenders; providing penalties; amending s.
13947.1405, F.S.; providing additional conditional release
14restrictions for certain offenders; amending s. 947.141,
15F.S.; revising provisions relating to hearings alleging a
16violation of community release by specified releasees for
17failure to comply with specified residency exclusions;
18amending s. 948.06, F.S.; revising provisions relating to
19probation or community control for sexual predators and
20sexual offenders; amending s. 948.063, F.S.; providing
21that failure of a sexual predator or sexual offender to
22obtain a residence in compliance with certain requirements
23is not a defense in certain proceedings; amending s.
24948.30, F.S.; revising provisions relating to terms and
25conditions of probation or community control for certain
26sex offenses; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Paragraph (b) of subsection (3), paragraph (a)
31of subsection (7) and paragraph (b) of subsection (10), of
32section 775.21, Florida Statutes, are amended to read:
33     775.21  The Florida Sexual Predators Act.--
34     (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
35INTENT.--
36     (b)  The high level of threat that a sexual predator
37presents to the public safety, and the long-term effects
38suffered by victims of sex offenses, provide the state with
39sufficient justification to implement a strategy that includes:
40     1.  Incarcerating sexual predators and maintaining adequate
41facilities to ensure that decisions to release sexual predators
42into the community are not made on the basis of inadequate
43space.
44     2.  Providing for specialized supervision of sexual
45predators who are in the community by specially trained
46probation officers with low caseloads, as described in ss.
47947.1405(7) and 948.30. The sexual predator is subject to
48specified terms and conditions implemented at sentencing or at
49the time of release from incarceration, with a requirement that
50those sexual predators found to be indigent may defer payment
51pursuant to s. 28.246 of all or part of the costs in accordance
52with the provisions of that section who are financially able
53must pay all or part of the costs of supervision.
54     3.  Requiring the registration of sexual predators, with a
55requirement that complete and accurate information be maintained
56and accessible for use by law enforcement authorities,
57communities, and the public.
58     4.  Providing for community and public notification
59concerning the presence of sexual predators.
60     5.  Prohibiting sexual predators from working with
61children, either for compensation or as a volunteer.
62     (7)  COMMUNITY AND PUBLIC NOTIFICATION.--
63     (a)  Law enforcement agencies must inform members of the
64community and the public of a sexual predator's presence. Upon
65notification of the presence of a sexual predator, the sheriff
66of the county or the chief of police of the municipality where
67the sexual predator establishes or maintains a permanent or
68temporary residence shall notify members of the community and
69the public of the presence of the sexual predator in a manner
70deemed appropriate by the sheriff or the chief of police. Within
7148 hours after receiving notification of the presence of a
72sexual predator, the sheriff of the county or the chief of
73police of the municipality where the sexual predator temporarily
74or permanently resides shall notify each licensed day care
75center, elementary school, middle school, and high school, and
76library within a 1-mile radius of the temporary or permanent
77residence of the sexual predator of the presence of the sexual
78predator. Information provided to members of the community and
79the public regarding a sexual predator must include:
80     1.  The name of the sexual predator;
81     2.  A description of the sexual predator, including a
82photograph;
83     3.  The sexual predator's current address, including the
84name of the county or municipality if known;
85     4.  The circumstances of the sexual predator's offense or
86offenses; and
87     5.  Whether the victim of the sexual predator's offense or
88offenses was, at the time of the offense, a minor or an adult.
89
90This paragraph does not authorize the release of the name of any
91victim of the sexual predator.
92     (10)  PENALTIES.--
93     (b)  A sexual predator who has been convicted of or found
94to have committed, or has pled nolo contendere or guilty to,
95regardless of adjudication, any violation, or attempted
96violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
97the victim is a minor and the defendant is not the victim's
98parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
99796.03; s. 796.035; s. 800.04; s. 827.071; s. 847.0133; s.
100847.0145; or s. 985.701(1); or a violation of a similar law of
101another jurisdiction when the victim of the offense was a minor,
102and who works, whether for compensation or as a volunteer, at
103any business, school, day care center, park, playground,
104library, or business or other place where children regularly
105congregate, commits a felony of the third degree, punishable as
106provided in s. 775.082, s. 775.083, or s. 775.084.
107     Section 2.  Section 775.215, Florida Statutes, is created
108to read:
109     775.215  Residency exclusions for sexual offenders or
110predators; local ordinances preempted.--
111     (1)  The establishment of residency exclusions applicable
112to the residences of a person required to register as a sexual
113offender or sexual predator is expressly preempted to the state,
114and the provisions of ss. 794.065, 947.1405, and 948.30
115establishing such exclusions supersede any municipal or county
116ordinances imposing different exclusions.
117     (2)  A provision of any ordinance adopted by a county or
118municipality prior to October 1, 2007, imposing residency
119exclusions for the residences of persons subject to the
120provisions of s. 794.065, s. 947.1405, or s. 948.30 is hereby
121repealed and abolished as of October 1, 2007.
122     Section 3.  Subsection (2) of section 775.24, Florida
123Statutes, is amended to read:
124     775.24  Duty of the court to uphold laws governing sexual
125predators and sexual offenders.--
126     (2)  If a person meets the criteria in this chapter for
127designation as a sexual predator or meets the criteria in s.
128943.0435, s. 944.606, s. 944.607, or any other law for
129classification as a sexual offender, the court may not enter an
130order, for the purpose of approving a plea agreement or for any
131other reason, which:
132     (a)  Exempts a person who meets the criteria for
133designation as a sexual predator or classification as a sexual
134offender from such designation or classification, or exempts
135such person from the requirements for registration or community
136and public notification imposed upon sexual predators and sexual
137offenders, or exempts such person from the residency exclusions
138contained in ss. 794.065, 947.1405, and 948.30;
139     (b)  Restricts the compiling, reporting, or release of
140public records information that relates to sexual predators or
141sexual offenders; or
142     (c)  Prevents any person or entity from performing its
143duties or operating within its statutorily conferred authority
144as such duty or authority relates to sexual predators or sexual
145offenders.
146     Section 4.  Section 794.065, Florida Statutes, is amended
147to read:
148     794.065  Unlawful place of residence for persons convicted
149of certain sex offenses.--
150     (1)(a)1.  It is unlawful for any person who has been
151convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
152or s. 847.0145, regardless of whether adjudication has been
153withheld, in which the victim of the offense was less than 16
154years of age, to reside within 1,000 feet of any school, day
155care center, park, or playground.
156     2.  A person who violates this section and whose conviction
157for an offense listed in subparagraph 1. under s. 794.011, s.
158800.04, s. 827.071, or s. 847.0145 was classified as:
159     a.  A felony of the first degree or higher, commits a
160felony of the third degree, punishable as provided in s. 775.082
161or s. 775.083. A person who violates this section and whose
162conviction under s. 794.011, s. 800.04, s. 827.071, or s.
163847.0145 was classified as
164     b.  A felony of the second or third degree, commits a
165misdemeanor of the first degree, punishable as provided in s.
166775.082 or s. 775.083.
167     (b)(2)  This subsection section applies to any person
168convicted of an offense listed in subparagraph (a)1. if the
169offense occurred a violation of s. 794.011, s. 800.04, s.
170827.071, or s. 847.0145 for offenses that occur on or after
171October 1, 2004.
172     (2)(a)1.  It is unlawful for any person who has been
173convicted of a violation of s. 787.01, s. 787.02, s. 794.011, s.
174800.04, s. 827.071, or s. 847.0145, regardless of whether
175adjudication has been withheld, in which the victim of the
176offense was less than 16 years of age, to reside within 1,500
177feet of any school, day care center, park, playground, library,
178or other business or place where children regularly congregate.
179     2.  A person violating this subsection whose conviction of
180an offense listed in subparagraph 1. was classified as:
181     a.  A felony of the first degree or higher, commits a
182felony of the third degree, punishable as provided in s. 775.082
183or s. 775.083.
184     b.  A felony of the second or third degree, commits a
185misdemeanor of the first degree, punishable as provided in s.
186775.082 or s. 775.083.
187     (b)  The distances in this subsection shall be measured in
188a straight line from the offender's place of residence to the
189nearest boundary line of the school, day care center, park,
190playground, library, or other business or place where children
191regularly congregate. The distance may not be measured by a
192pedestrian route or automobile route.
193     (c)  This subsection applies to any person convicted of an
194offense listed in subparagraph (a)1. if the offense occurred on
195or after October 1, 2007.
196     Section 5.  Subsections (2) and (6) and paragraph (a) of
197subsection (7) of section 947.1405, Florida Statutes, are
198amended, and subsection (11) is added to that section, to read:
199     947.1405  Conditional release program.--
200     (2)(a)  Any inmate who:
201     1.(a)  Is convicted of a crime committed on or after
202October 1, 1988, and before January 1, 1994;, and any inmate who
203is convicted of a crime committed on or after January 1, 1994,
204which crime is or was contained in category 1, category 2,
205category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
206Rules of Criminal Procedure (1993), and who has served at least
207one prior felony commitment at a state or federal correctional
208institution; or is convicted of any of the following offenses
209committed on or after October 1, 2007:
210     a.  Kidnapping, under s. 787.01(1)(b);
211     b.  False imprisonment, under s. 787.02(1)(b);
212     c.  Sexual performance by a child, under s. 827.071; or
213     d.  Selling or buying of minors, under s. 847.0145;
214     2.(b)  Is sentenced as a habitual or violent habitual
215offender or a violent career criminal pursuant to s. 775.084; or
216     3.(c)  Is found to be a sexual predator under s. 775.21 or
217former s. 775.23,
218
219shall, upon reaching the tentative release date or provisional
220release date, whichever is earlier, as established by the
221Department of Corrections, be released under supervision subject
222to specified terms and conditions, including payment of the cost
223of supervision pursuant to s. 948.09. Such supervision shall be
224applicable to all sentences within the overall term of sentences
225if an inmate's overall term of sentences includes one or more
226sentences that are eligible for conditional release supervision
227as provided herein.
228     (b)  Effective July 1, 1994, and applicable for offenses
229committed on or after that date, the commission may require, as
230a condition of conditional release, that the releasee make
231payment of the debt due and owing to a county or municipal
232detention facility under s. 951.032 for medical care, treatment,
233hospitalization, or transportation received by the releasee
234while in that detention facility. The commission, in determining
235whether to order such repayment and the amount of such
236repayment, shall consider the amount of the debt, whether there
237was any fault of the institution for the medical expenses
238incurred, the financial resources of the releasee, the present
239and potential future financial needs and earning ability of the
240releasee, and dependents, and other appropriate factors.
241     (c)  If any inmate, other than an inmate required to
242register as a sexual predator under s. 775.21 or as a sexual
243offender under s. 943.0435, placed on conditional release
244supervision is also subject to probation or community control,
245resulting from a probationary or community control split
246sentence within the overall term of sentences, the Department of
247Corrections shall supervise such person according to the
248conditions imposed by the court and the commission shall defer
249to such supervision. If the court revokes probation or community
250control and resentences the offender to a term of incarceration,
251such revocation also constitutes a sufficient basis for the
252revocation of the conditional release supervision on any
253nonprobationary or noncommunity control sentence without further
254hearing by the commission. If any such supervision on any
255nonprobationary or noncommunity control sentence is revoked,
256such revocation may result in a forfeiture of all gain-time, and
257the commission may revoke the resulting deferred conditional
258release supervision or take other action it considers
259appropriate. If the term of conditional release supervision
260exceeds that of the probation or community control, then, upon
261expiration of the probation or community control, authority for
262the supervision shall revert to the commission and the
263supervision shall be subject to the conditions imposed by the
264commission.
265     (d)  If any inmate required to register as a sexual
266predator under s. 775.21 or as a sexual offender under s.
267943.0435 is placed on conditional release supervision and is
268also subject to probation or community supervision, the period
269of court-ordered community supervision shall not be substituted
270for conditional release supervision and shall follow the term of
271conditional release supervision.
272     (e)  A panel of no fewer than two commissioners shall
273establish the terms and conditions of any such release. If the
274offense was a controlled substance violation, the conditions
275shall include a requirement that the offender submit to random
276substance abuse testing intermittently throughout the term of
277conditional release supervision, upon the direction of the
278correctional probation officer as defined in s. 943.10(3). The
279commission shall also determine whether the terms and conditions
280of such release have been violated and whether such violation
281warrants revocation of the conditional release.
282     (6)  The commission shall review the recommendations of the
283department, and such other information as it deems relevant, and
284may conduct a review of the inmate's record for the purpose of
285establishing the terms and conditions of the conditional
286release. The commission may impose any special conditions it
287considers warranted from its review of the release plan and
288recommendation. If the commission determines that the inmate is
289eligible for release under this section, the commission shall
290enter an order establishing the length of supervision and the
291conditions attendant thereto. However, an inmate who has been
292convicted of a violation of chapter 794 or found by the court to
293be a sexual predator is subject to the maximum level of
294supervision provided, with the mandatory conditions as required
295in subsection (7), and that supervision shall continue through
296the end of the releasee's original court-imposed sentence. The
297length of supervision must not exceed the maximum penalty
298imposed by the court. The commission may modify the conditions
299of supervision at any time.
300     (7)(a)  Any inmate who is convicted of a crime committed on
301or after October 1, 1995, or who has been previously convicted
302of a crime committed on or after October 1, 1995, in violation
303of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
304subject to conditional release supervision, shall have, in
305addition to any other conditions imposed, the following special
306conditions imposed by the commission:
307     1.  A mandatory curfew from 10 p.m. to 6 a.m. The
308commission may designate another 8-hour period if the offender's
309employment precludes the above specified time, and such
310alternative is recommended by the Department of Corrections. If
311the commission determines that imposing a curfew would endanger
312the victim, the commission may consider alternative sanctions.
313     2.a.  If the victim was under the age of 18, a prohibition
314on living within 1,000 feet of a school, day care center, park,
315playground, designated public school bus stop, or other place
316where children regularly congregate. A releasee who is subject
317to this subparagraph may not relocate to a residence that is
318within 1,000 feet of a public school bus stop.
319     b.  Beginning October 1, 2004, the commission or the
320department may not approve a residence that is located within
3211,000 feet of a school, day care center, park, playground,
322designated school bus stop, or other place where children
323regularly congregate for any releasee who is subject to this
324subparagraph. On October 1, 2004, the department shall notify
325each affected school district of the location of the residence
326of a releasee 30 days prior to release and thereafter, if the
327releasee relocates to a new residence, shall notify any affected
328school district of the residence of the releasee within 30 days
329after relocation. If, on October 1, 2004, any public school bus
330stop is located within 1,000 feet of the existing residence of
331such releasee, the district school board shall relocate that
332school bus stop. Beginning October 1, 2004, a district school
333board may not establish or relocate a public school bus stop
334within 1,000 feet of the residence of a releasee who is subject
335to this subparagraph. The failure of the district school board
336to comply with this subparagraph shall not result in a violation
337of conditional release supervision.
338     c.  Beginning October 1, 2007, neither the commission nor
339the department may approve a residence located within 1,500 feet
340of a school, day care center, park, playground, designated
341school bus stop, library, or other business or place where
342children regularly congregate for any releasee who is subject to
343this subparagraph. The distance provided in this sub-
344subparagraph shall be measured in a straight line from the
345offender's place of residence to the nearest boundary line of
346the school, day care center, park, playground, library, or other
347business or place where children regularly congregate. The
348distance may not be measured by a pedestrian route or automobile
349route.
350     3.  Active participation in and successful completion of a
351sex offender treatment program with qualified practitioners
352specifically trained to treat sex offenders, at the releasee's
353own expense. If a qualified practitioner is not available within
354a 50-mile radius of the releasee's residence, the offender shall
355participate in other appropriate therapy.
356     4.  A prohibition on any contact with the victim, directly
357or indirectly, including through a third person, unless approved
358by the victim, the offender's therapist, and the sentencing
359court.
360     5.  If the victim was under the age of 18, a prohibition
361against contact with children under the age of 18 without review
362and approval by the commission. The commission may approve
363supervised contact with a child under the age of 18 if the
364approval is based upon a recommendation for contact issued by a
365qualified practitioner who is basing the recommendation on a
366risk assessment. Further, the sex offender must be currently
367enrolled in or have successfully completed a sex offender
368therapy program. The commission may not grant supervised contact
369with a child if the contact is not recommended by a qualified
370practitioner and may deny supervised contact with a child at any
371time. When considering whether to approve supervised contact
372with a child, the commission must review and consider the
373following:
374     a.  A risk assessment completed by a qualified
375practitioner. The qualified practitioner must prepare a written
376report that must include the findings of the assessment and
377address each of the following components:
378     (I)  The sex offender's current legal status;
379     (II)  The sex offender's history of adult charges with
380apparent sexual motivation;
381     (III)  The sex offender's history of adult charges without
382apparent sexual motivation;
383     (IV)  The sex offender's history of juvenile charges,
384whenever available;
385     (V)  The sex offender's offender treatment history,
386including a consultation from the sex offender's treating, or
387most recent treating, therapist;
388     (VI)  The sex offender's current mental status;
389     (VII)  The sex offender's mental health and substance abuse
390history as provided by the Department of Corrections;
391     (VIII)  The sex offender's personal, social, educational,
392and work history;
393     (IX)  The results of current psychological testing of the
394sex offender if determined necessary by the qualified
395practitioner;
396     (X)  A description of the proposed contact, including the
397location, frequency, duration, and supervisory arrangement;
398     (XI)  The child's preference and relative comfort level
399with the proposed contact, when age-appropriate;
400     (XII)  The parent's or legal guardian's preference
401regarding the proposed contact; and
402     (XIII)  The qualified practitioner's opinion, along with
403the basis for that opinion, as to whether the proposed contact
404would likely pose significant risk of emotional or physical harm
405to the child.
406
407The written report of the assessment must be given to the
408commission.
409     b.  A recommendation made as a part of the risk-assessment
410report as to whether supervised contact with the child should be
411approved;
412     c.  A written consent signed by the child's parent or legal
413guardian, if the parent or legal guardian is not the sex
414offender, agreeing to the sex offender having supervised contact
415with the child after receiving full disclosure of the sex
416offender's present legal status, past criminal history, and the
417results of the risk assessment. The commission may not approve
418contact with the child if the parent or legal guardian refuses
419to give written consent for supervised contact;
420     d.  A safety plan prepared by the qualified practitioner,
421who provides treatment to the offender, in collaboration with
422the sex offender, the child's parent or legal guardian, and the
423child, when age appropriate, which details the acceptable
424conditions of contact between the sex offender and the child.
425The safety plan must be reviewed and approved by the Department
426of Corrections before being submitted to the commission; and
427     e.  Evidence that the child's parent or legal guardian, if
428the parent or legal guardian is not the sex offender,
429understands the need for and agrees to the safety plan and has
430agreed to provide, or to designate another adult to provide,
431constant supervision any time the child is in contact with the
432offender.
433
434The commission may not appoint a person to conduct a risk
435assessment and may not accept a risk assessment from a person
436who has not demonstrated to the commission that he or she has
437met the requirements of a qualified practitioner as defined in
438this section.
439     6.  If the victim was under age 18, a prohibition on
440working for pay or as a volunteer at any school, day care
441center, park, playground, library, or other business or place
442where children regularly congregate, as prescribed by the
443commission.
444     7.  Unless otherwise indicated in the treatment plan
445provided by the sexual offender treatment program, a prohibition
446on viewing, owning, or possessing any obscene, pornographic, or
447sexually stimulating visual or auditory material, including
448telephone, electronic media, computer programs, or computer
449services that are relevant to the offender's deviant behavior
450pattern.
451     8.  Effective for a releasee whose crime is committed on or
452after July 1, 2005, a prohibition on accessing the Internet or
453other computer services until the offender's sex offender
454treatment program, after a risk assessment is completed,
455approves and implements a safety plan for the offender's
456accessing or using the Internet or other computer services.
457     9.  A requirement that the releasee must submit two
458specimens of blood to the Florida Department of Law Enforcement
459to be registered with the DNA database.
460     10.  A requirement that the releasee make restitution to
461the victim, as determined by the sentencing court or the
462commission, for all necessary medical and related professional
463services relating to physical, psychiatric, and psychological
464care.
465     11.  Submission to a warrantless search by the community
466control or probation officer of the probationer's or community
467controllee's person, residence, or vehicle. Such warrantless
468search includes the use of electronic monitoring or other means
469in the case of a person convicted of an offense under s.
470775.21(4)(a)1.
471     (11)  Effective for a releasee whose crime was a violation
472of s. 787.01(1)(b) or s. 787.02(1)(b) committed on or after
473October 1, 2007, and whose crime involved a victim less than 16
474years of age and an offender 18 years of age or older, in
475addition to any other provision of this section, the commission
476must order electronic monitoring for the duration of the
477releasee's supervision.
478     Section 6.  Subsection (8) is added to section 947.141,
479Florida Statutes, to read:
480     947.141  Violations of conditional release, control
481release, or conditional medical release or addiction-recovery
482supervision.--
483     (8)  Because of the compelling state interest in protecting
484the public from sexual offenders or sexual predators granted the
485privilege of conditional release, in any hearing alleging a
486violation of community release by a releasee for failure to
487comply with the residency exclusion in s. 947.1405, the
488inability of the releasee to locate a residence in compliance
489with s. 947.1405 shall not be a defense to the finding of a
490violation under this section.
491     Section 7.  Subsection (4) of section 948.06, Florida
492Statutes, is amended to read:
493     948.06  Violation of probation or community control;
494revocation; modification; continuance; failure to pay
495restitution or cost of supervision.--
496     (4)  Notwithstanding any other provision of this section, a
497probationer or an offender in community control who is arrested
498for violating his or her probation or community control in a
499material respect may be taken before the court in the county or
500circuit in which the probationer or offender was arrested. That
501court shall advise him or her of such charge of a violation and,
502if such charge is admitted, shall cause him or her to be brought
503before the court which granted the probation or community
504control. If such violation is not admitted by the probationer or
505offender, the court may commit him or her or release him or her
506with or without bail to await further hearing. However, if the
507probationer or offender is under supervision for any criminal
508offense proscribed in chapter 794, s. 800.04(4), (5), (6), s.
509827.071, or s. 847.0145, or is a registered sexual predator or a
510registered sexual offender, or is under supervision for a
511criminal offense for which he or she would meet the registration
512criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the
513effective date of those sections, the court must make a finding
514that the probationer or offender poses no is not a danger to the
515public prior to release with or without bail. In determining
516that the offender poses no danger to the public the danger posed
517by the offender's or probationer's release, the court may
518consider the nature and circumstances of the violation and any
519new offenses charged; the offender's or probationer's past and
520present conduct, including convictions of crimes; any record of
521arrests without conviction for crimes involving violence or
522sexual crimes; any other evidence of allegations of unlawful
523sexual conduct or the use of violence by the offender or
524probationer; the offender's or probationer's family ties, length
525of residence in the community, employment history, and mental
526condition; his or her history and conduct during the probation
527or community control supervision from which the violation arises
528and any other previous supervisions, including disciplinary
529records of previous incarcerations; the likelihood that the
530offender or probationer will engage again in a criminal course
531of conduct; the weight of the evidence against the offender or
532probationer; whether or not the probationer is currently subject
533to electronic monitoring; and any other facts the court
534considers relevant. The court, as soon as is practicable, shall
535give the probationer or offender an opportunity to be fully
536heard on his or her behalf in person or by counsel. After such
537hearing, the court shall make findings of fact and forward the
538findings to the court which granted the probation or community
539control and to the probationer or offender or his or her
540attorney. The findings of fact by the hearing court are binding
541on the court which granted the probation or community control.
542Upon the probationer or offender being brought before it, the
543court which granted the probation or community control may
544revoke, modify, or continue the probation or community control
545or may place the probationer into community control as provided
546in this section.
547     Section 8.  Subsection (3) is added to section 948.063,
548Florida Statutes,  to read:
549     948.063  Violations of probation or community control by
550designated sexual offenders and sexual predators.--
551     (3)  Because of the compelling state interest in protecting
552the public from sexual predators or sexual offenders on
553probation, in any hearing alleging a violation of probation by a
554releasee for failure to comply with the residency exclusion in
555s. 948.30, the inability of the probationer to locate a
556residence in compliance with s. 948.30 shall not be a defense to
557the finding of a violation under this section.
558     Section 9.  Paragraphs (b) and (k) of subsection (1) and
559subsection (3) of section 948.30, Florida Statutes, are amended,
560and subsection (4) is added to that section, to read:
561     948.30  Additional terms and conditions of probation or
562community control for certain sex offenses.--Conditions imposed
563pursuant to this section do not require oral pronouncement at
564the time of sentencing and shall be considered standard
565conditions of probation or community control for offenders
566specified in this section.
567     (1)  Effective for probationers or community controllees
568whose crime was committed on or after October 1, 1995, and who
569are placed under supervision for violation of chapter 794, s.
570800.04, s. 827.071, or s. 847.0145, the court must impose the
571following conditions in addition to all other standard and
572special conditions imposed:
573     (b)1.  Except as provided in subparagraph 2., if the victim
574was under the age of 18, a prohibition on living within 1,000
575feet of a school, day care center, park, playground, or other
576place where children regularly congregate, as prescribed by the
577court. The 1,000-foot distance shall be measured in a straight
578line from the offender's place of residence to the nearest
579boundary line of the school, day care center, park, playground,
580or other place where children regularly congregate. The distance
581may not be measured by a pedestrian route or automobile route.
582     2.  For probationers or community controllees whose crime
583was committed on or after October 1, 2007, if the victim was
584under the age of 18, a prohibition on living within 1,500 feet
585of a school, day care center, park, playground, library, or
586other business or place where children regularly congregate, as
587prescribed by the court. This distance shall be measured in a
588straight line from the offender's place of residence to the
589nearest boundary line of the school, day care center, park,
590playground, library, or other business or place where children
591regularly congregate. The distance may not be measured by a
592pedestrian route or automobile route.
593     (k)  Submission to a warrantless search by the community
594control or probation officer of the probationer's or community
595controllee's person, residence, or vehicle. Such a warrantless
596search includes the use of electronic monitoring or other means
597in the case of a person convicted of an offense under s.
598775.21(4)(a)1.
599     (3)  Effective for a probationer or community controllee
600whose crime was committed on or after September 1, 2005, and
601who:
602     (a)  Is placed on probation or community control for a
603violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
604or s. 847.0145 and the unlawful sexual activity involved a
605victim under 16 15 years of age or younger and the offender is
60618 years of age or older;
607     (b)  Is designated a sexual predator pursuant to s. 775.21;
608or
609     (c)  Has previously been convicted of a violation of
610chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
611847.0145 and the unlawful sexual activity involved a victim
612under 16 15 years of age or younger and the offender is 18 years
613of age or older,
614
615the court must order, in addition to any other provision of this
616section, mandatory electronic monitoring as a condition of the
617probation or community control supervision.
618     (4)  Effective for a probationer or community controllee
619whose crime was committed on or after October 1, 2007, who has
620previously been convicted of a violation of s. 787.01(1)(b) or
621s. 787.02(1)(b), and the unlawful sexual activity involved a
622victim under 16 years of age and the offender is 18 years of age
623or older, the court must order, in addition to any other
624provision of this section, mandatory electronic monitoring as a
625condition of the probation or community control supervision.
626     Section 10.  This act shall take effect October 1, 2007.


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