| 1 | Representative Glorioso offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Remove lines 332-438 and insert: |
| 5 | Section 6. Paragraph (b) of subsection (1) and subsection |
| 6 | (3) of section 948.30, Florida Statutes, are amended, to read: |
| 7 | 948.30 Additional terms and conditions of probation or |
| 8 | community control for certain sex offenses.--Conditions imposed |
| 9 | pursuant to this section do not require oral pronouncement at |
| 10 | the time of sentencing and shall be considered standard |
| 11 | conditions of probation or community control for offenders |
| 12 | specified in this section. |
| 13 | (1) Effective for probationers or community controllees |
| 14 | whose crime was committed on or after October 1, 1995, and who |
| 15 | are placed under supervision for violation of chapter 794, s. |
| 16 | 800.04, s. 827.071, or s. 847.0145, the court must impose the |
| 17 | following conditions in addition to all other standard and |
| 18 | special conditions imposed: |
| 19 | (b)1. Except as provided in subparagraph 2., if the victim |
| 20 | was under the age of 18, a prohibition on living within 1,000 |
| 21 | feet of a school, day care center, park, playground, or other |
| 22 | place where children regularly congregate, as prescribed by the |
| 23 | court. The 1,000-foot distance shall be measured in a straight |
| 24 | line from the offender's place of residence to the nearest |
| 25 | boundary line of the school, day care center, park, playground, |
| 26 | or other place where children regularly congregate. The distance |
| 27 | may not be measured by a pedestrian route or automobile route. |
| 28 | 2. For a probationer or community controllee whose crime |
| 29 | was committed on or after October 1, 2008, if the victim was |
| 30 | under the age of 18, a prohibition on living within 1,500 feet |
| 31 | of a school, day care center, park, playground, or other place |
| 32 | where children regularly congregate, as prescribed by the court. |
| 33 | This distance shall be measured in a straight line from the |
| 34 | offender's place of residence to the nearest boundary line of |
| 35 | the school, day care center, park, playground, or other place |
| 36 | where children regularly congregate. The distance may not be |
| 37 | measured by a pedestrian route or automobile route. |
| 38 | (3) Effective for a probationer or community controllee |
| 39 | whose crime was committed on or after September 1, 2005, and |
| 40 | who: |
| 41 | (a) Is placed on probation or community control for a |
| 42 | violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, |
| 43 | or s. 847.0145 and the unlawful sexual activity involved a |
| 44 | victim under 16 15 years of age or younger and the offender is |
| 45 | 18 years of age or older; |
| 46 | (b) Is designated a sexual predator pursuant to s. 775.21; |
| 47 | or |
| 48 | (c) Has previously been convicted of a violation of |
| 49 | chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. |
| 50 | 847.0145 and the unlawful sexual activity involved a victim |
| 51 | under 16 15 years of age or younger and the offender is 18 years |
| 52 | of age or older, |
| 53 |
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| 54 | the court must order, in addition to any other provision of this |
| 55 | section, mandatory electronic monitoring as a condition of the |
| 56 | probation or community control supervision. |
| 57 |
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| 58 | ====== D I R E C T O R Y A M E N D M E N T ===== |
| 59 | Remove lines 161-163 and insert: |
| 60 | Section 5. Paragraph (a) of subsection (7) of section |
| 61 | 947.1405, Florida Statutes, is amended, to read: |
| 62 |
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| 63 | ----------------------------------------------------- |
| 64 | ----------------------------------------------------- |
| 65 | T I T L E A M E N D M E N T |
| 66 | Remove lines 15-22 and insert: |
| 67 | providing criminal penalties; amending s. 947.1405, F.S.; |
| 68 | providing additional conditional release restrictions for |
| 69 | certain offenders; amending s. 948.30, F.S.; revising provisions |
| 70 | relating to terms and conditions of probation or community |
| 71 | control for certain sex offenses; providing an effective date. |