| 1 | Representative Robaina offered the following: |
| 2 |
|
| 3 | Substitute Amendment for Amendment (304669) |
| 4 | Remove lines 131-384 and insert: |
| 5 | to reside within 2,000 feet of any school, day care center, |
| 6 | park, or playground. |
| 7 | 2. A person violating this subsection whose conviction of |
| 8 | an offense listed in subparagraph 1. was classified as: |
| 9 | a. A felony of the first degree or higher, commits a |
| 10 | felony of the third degree, punishable as provided in s. 775.082 |
| 11 | or s. 775.083. |
| 12 | b. A felony of the second or third degree, commits a |
| 13 | misdemeanor of the first degree, punishable as provided in s. |
| 14 | 775.082 or s. 775.083. |
| 15 | (b) The distances in this subsection shall be measured in |
| 16 | a straight line from the offender's place of residence to the |
| 17 | nearest boundary line of the school, day care center, park, or |
| 18 | playground. |
| 19 | Section 4. Section 794.0701, Florida Statutes, is created |
| 20 | to read: |
| 21 | 794.0701 Loitering or prowling by persons convicted of |
| 22 | certain sex offenses.--Any person who: |
| 23 | (1) Has been convicted of a violation of s. 787.01, s. |
| 24 | 787.02, s. 794.011, s. 800.04, s. 827.071, or s. 847.0145, or a |
| 25 | violation of a similar law of another jurisdiction, regardless |
| 26 | of whether adjudication has been withheld, in which the victim |
| 27 | of the offense was less than 16 years of age; and |
| 28 | (2) Loiters or prowls as proscribed in s. 856.021 within |
| 29 | 300 feet of a place where children regularly congregate, |
| 30 | including, but not limited to, a school, designated public |
| 31 | school bus stop, day care center, park, or playground |
| 32 | |
| 33 | commits a misdemeanor of the first degree, punishable as |
| 34 | provided in s. 775.082 or s. 775.083. |
| 35 | Section 5. Paragraph (a) of subsection (7) of section |
| 36 | 947.1405, Florida Statutes, is amended, and subsection (11) is |
| 37 | added to that section, to read: |
| 38 | 947.1405 Conditional release program.-- |
| 39 | (7)(a) Any inmate who is convicted of a crime committed on |
| 40 | or after October 1, 1995, or who has been previously convicted |
| 41 | of a crime committed on or after October 1, 1995, in violation |
| 42 | of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is |
| 43 | subject to conditional release supervision, shall have, in |
| 44 | addition to any other conditions imposed, the following special |
| 45 | conditions imposed by the commission: |
| 46 | 1. A mandatory curfew from 10 p.m. to 6 a.m. The |
| 47 | commission may designate another 8-hour period if the offender's |
| 48 | employment precludes the above specified time, and such |
| 49 | alternative is recommended by the Department of Corrections. If |
| 50 | the commission determines that imposing a curfew would endanger |
| 51 | the victim, the commission may consider alternative sanctions. |
| 52 | 2.a. If the victim was under the age of 18, a prohibition |
| 53 | on living within 1,000 feet of a school, day care center, park, |
| 54 | playground, designated public school bus stop, or other place |
| 55 | where children regularly congregate. A releasee who is subject |
| 56 | to this subparagraph may not relocate to a residence that is |
| 57 | within 1,000 feet of a public school bus stop. |
| 58 | b. Beginning October 1, 2004, the commission or the |
| 59 | department may not approve a residence that is located within |
| 60 | 1,000 feet of a school, day care center, park, playground, |
| 61 | designated school bus stop, or other place where children |
| 62 | regularly congregate for any releasee who is subject to this |
| 63 | subparagraph. On October 1, 2004, the department shall notify |
| 64 | each affected school district of the location of the residence |
| 65 | of a releasee 30 days prior to release and thereafter, if the |
| 66 | releasee relocates to a new residence, shall notify any affected |
| 67 | school district of the residence of the releasee within 30 days |
| 68 | after relocation. If, on October 1, 2004, any public school bus |
| 69 | stop is located within 1,000 feet of the existing residence of |
| 70 | such releasee, the district school board shall relocate that |
| 71 | school bus stop. Beginning October 1, 2004, a district school |
| 72 | board may not establish or relocate a public school bus stop |
| 73 | within 1,000 feet of the residence of a releasee who is subject |
| 74 | to this subparagraph. The failure of the district school board |
| 75 | to comply with this subparagraph shall not result in a violation |
| 76 | of conditional release supervision. |
| 77 | c. If the victim was under the age of 18, beginning |
| 78 | October 1, 2008, neither the commission nor the department may |
| 79 | approve a residence located within 2,000 feet of a school, day |
| 80 | care center, park, playground, designated school bus stop, or |
| 81 | other place where children regularly congregate for any releasee |
| 82 | who is subject to this subparagraph. The distance in this sub- |
| 83 | subparagraph shall be measured in a straight line from the |
| 84 | offender's place of residence to the nearest boundary line of |
| 85 | the school, day care center, park, playground, designated school |
| 86 | bus stop, or other place where children regularly congregate. |
| 87 | The distance may not be measured by a pedestrian route or |
| 88 | automobile route. |
| 89 | 3. Active participation in and successful completion of a |
| 90 | sex offender treatment program with qualified practitioners |
| 91 | specifically trained to treat sex offenders, at the releasee's |
| 92 | own expense. If a qualified practitioner is not available within |
| 93 | a 50-mile radius of the releasee's residence, the offender shall |
| 94 | participate in other appropriate therapy. |
| 95 | 4. A prohibition on any contact with the victim, directly |
| 96 | or indirectly, including through a third person, unless approved |
| 97 | by the victim, the offender's therapist, and the sentencing |
| 98 | court. |
| 99 | 5. If the victim was under the age of 18, a prohibition |
| 100 | against contact with children under the age of 18 without review |
| 101 | and approval by the commission. The commission may approve |
| 102 | supervised contact with a child under the age of 18 if the |
| 103 | approval is based upon a recommendation for contact issued by a |
| 104 | qualified practitioner who is basing the recommendation on a |
| 105 | risk assessment. Further, the sex offender must be currently |
| 106 | enrolled in or have successfully completed a sex offender |
| 107 | therapy program. The commission may not grant supervised contact |
| 108 | with a child if the contact is not recommended by a qualified |
| 109 | practitioner and may deny supervised contact with a child at any |
| 110 | time. When considering whether to approve supervised contact |
| 111 | with a child, the commission must review and consider the |
| 112 | following: |
| 113 | a. A risk assessment completed by a qualified |
| 114 | practitioner. The qualified practitioner must prepare a written |
| 115 | report that must include the findings of the assessment and |
| 116 | address each of the following components: |
| 117 | (I) The sex offender's current legal status; |
| 118 | (II) The sex offender's history of adult charges with |
| 119 | apparent sexual motivation; |
| 120 | (III) The sex offender's history of adult charges without |
| 121 | apparent sexual motivation; |
| 122 | (IV) The sex offender's history of juvenile charges, |
| 123 | whenever available; |
| 124 | (V) The sex offender's offender treatment history, |
| 125 | including a consultation from the sex offender's treating, or |
| 126 | most recent treating, therapist; |
| 127 | (VI) The sex offender's current mental status; |
| 128 | (VII) The sex offender's mental health and substance abuse |
| 129 | history as provided by the Department of Corrections; |
| 130 | (VIII) The sex offender's personal, social, educational, |
| 131 | and work history; |
| 132 | (IX) The results of current psychological testing of the |
| 133 | sex offender if determined necessary by the qualified |
| 134 | practitioner; |
| 135 | (X) A description of the proposed contact, including the |
| 136 | location, frequency, duration, and supervisory arrangement; |
| 137 | (XI) The child's preference and relative comfort level |
| 138 | with the proposed contact, when age-appropriate; |
| 139 | (XII) The parent's or legal guardian's preference |
| 140 | regarding the proposed contact; and |
| 141 | (XIII) The qualified practitioner's opinion, along with |
| 142 | the basis for that opinion, as to whether the proposed contact |
| 143 | would likely pose significant risk of emotional or physical harm |
| 144 | to the child. |
| 145 |
|
| 146 | The written report of the assessment must be given to the |
| 147 | commission. |
| 148 | b. A recommendation made as a part of the risk-assessment |
| 149 | report as to whether supervised contact with the child should be |
| 150 | approved; |
| 151 | c. A written consent signed by the child's parent or legal |
| 152 | guardian, if the parent or legal guardian is not the sex |
| 153 | offender, agreeing to the sex offender having supervised contact |
| 154 | with the child after receiving full disclosure of the sex |
| 155 | offender's present legal status, past criminal history, and the |
| 156 | results of the risk assessment. The commission may not approve |
| 157 | contact with the child if the parent or legal guardian refuses |
| 158 | to give written consent for supervised contact; |
| 159 | d. A safety plan prepared by the qualified practitioner, |
| 160 | who provides treatment to the offender, in collaboration with |
| 161 | the sex offender, the child's parent or legal guardian, and the |
| 162 | child, when age appropriate, which details the acceptable |
| 163 | conditions of contact between the sex offender and the child. |
| 164 | The safety plan must be reviewed and approved by the Department |
| 165 | of Corrections before being submitted to the commission; and |
| 166 | e. Evidence that the child's parent or legal guardian, if |
| 167 | the parent or legal guardian is not the sex offender, |
| 168 | understands the need for and agrees to the safety plan and has |
| 169 | agreed to provide, or to designate another adult to provide, |
| 170 | constant supervision any time the child is in contact with the |
| 171 | offender. |
| 172 |
|
| 173 | The commission may not appoint a person to conduct a risk |
| 174 | assessment and may not accept a risk assessment from a person |
| 175 | who has not demonstrated to the commission that he or she has |
| 176 | met the requirements of a qualified practitioner as defined in |
| 177 | this section. |
| 178 | 6. If the victim was under age 18, a prohibition on |
| 179 | working for pay or as a volunteer at any school, day care |
| 180 | center, park, playground, or other place where children |
| 181 | regularly congregate, as prescribed by the commission. |
| 182 | 7. Unless otherwise indicated in the treatment plan |
| 183 | provided by the sexual offender treatment program, a prohibition |
| 184 | on viewing, owning, or possessing any obscene, pornographic, or |
| 185 | sexually stimulating visual or auditory material, including |
| 186 | telephone, electronic media, computer programs, or computer |
| 187 | services that are relevant to the offender's deviant behavior |
| 188 | pattern. |
| 189 | 8. Effective for a releasee whose crime is committed on or |
| 190 | after July 1, 2005, a prohibition on accessing the Internet or |
| 191 | other computer services until the offender's sex offender |
| 192 | treatment program, after a risk assessment is completed, |
| 193 | approves and implements a safety plan for the offender's |
| 194 | accessing or using the Internet or other computer services. |
| 195 | 9. A requirement that the releasee must submit two |
| 196 | specimens of blood to the Florida Department of Law Enforcement |
| 197 | to be registered with the DNA database. |
| 198 | 10. A requirement that the releasee make restitution to |
| 199 | the victim, as determined by the sentencing court or the |
| 200 | commission, for all necessary medical and related professional |
| 201 | services relating to physical, psychiatric, and psychological |
| 202 | care. |
| 203 | 11. Submission to a warrantless search by the community |
| 204 | control or probation officer of the probationer's or community |
| 205 | controllee's person, residence, or vehicle. |
| 206 | (11)(a) The commission must, in addition to all other |
| 207 | provisions of this section, impose the special conditions in |
| 208 | paragraph (b) on the following releasees whose crime was |
| 209 | committed on or after October 1, 2008: |
| 210 | 1. A releasee who violated s. 800.04(4), (5), or (6), s. |
| 211 | 827.071, or s. 847.0145 in this state or a similar offense in |
| 212 | another jurisdiction when, at the time of the offense, the |
| 213 | victim was under 16 years of age and the releasee was 18 years |
| 214 | of age or older. |
| 215 | 2. A releasee who is designated as a sexual predator under |
| 216 | s. 775.21 or who has received a similar designation or |
| 217 | determination in another jurisdiction. |
| 218 | 3. A releasee subject to registration as a sexual predator |
| 219 | under s. 775.21 or as a sexual offender under s. 943.0435 who |
| 220 | has committed an offense that would meet the criteria for the |
| 221 | designation or registration when at the time of the offense the |
| 222 | victim was under 16 years of age and the releasee was 18 years |
| 223 | of age or older, who commits a violation of s. 775.21 or s. |
| 224 | 943.0435 on or after October 1, 2008, and who is not otherwise |
| 225 | subject to this paragraph. |
| 226 | (b) The commission must order a prohibition on |
| 227 | distributing candy or other items to children on Halloween, |
| 228 | wearing a Santa Claus costume on or preceding Christmas, wearing |
| 229 | an Easter Bunny costume on or preceding Easter, entertaining at |
| 230 | children's parties, or wearing a clown costume without prior |
| 231 | approval from the commission. |
| 232 | Section 6. Paragraph (b) of subsection (1) and subsection |
| 233 | (3) of section 948.30, Florida Statutes, are amended, and |
| 234 | subsection (4) is added to that section, to read: |
| 235 | 948.30 Additional terms and conditions of probation or |
| 236 | community control for certain sex offenses.--Conditions imposed |
| 237 | pursuant to this section do not require oral pronouncement at |
| 238 | the time of sentencing and shall be considered standard |
| 239 | conditions of probation or community control for offenders |
| 240 | specified in this section. |
| 241 | (1) Effective for probationers or community controllees |
| 242 | whose crime was committed on or after October 1, 1995, and who |
| 243 | are placed under supervision for violation of chapter 794, s. |
| 244 | 800.04, s. 827.071, or s. 847.0145, the court must impose the |
| 245 | following conditions in addition to all other standard and |
| 246 | special conditions imposed: |
| 247 | (b)1. Except as provided in subparagraph 2., if the victim |
| 248 | was under the age of 18, a prohibition on living within 1,000 |
| 249 | feet of a school, day care center, park, playground, or other |
| 250 | place where children regularly congregate, as prescribed by the |
| 251 | court. The 1,000-foot distance shall be measured in a straight |
| 252 | line from the offender's place of residence to the nearest |
| 253 | boundary line of the school, day care center, park, playground, |
| 254 | or other place where children regularly congregate. The distance |
| 255 | may not be measured by a pedestrian route or automobile route. |
| 256 | 2. For a probationer or community controllee whose crime |
| 257 | was committed on or after October 1, 2008, if the victim was |
| 258 | under the age of 18, a prohibition on living within 2,000 feet |
| 259 | under the age of 18, a prohibition on living within 2,000 feet |