((LATE FILED FOR: 4/30/2008 8:30:00 AM))	Amendment
Bill No. CS/HB 1107

Amendment No. 464225

CHAMBER ACTION
Senate		House
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1	Representative Simmons offered the following:
2
3	Amendment (with directory and title amendments)
4	Remove lines 58-438 and insert:
5	(10)  PENALTIES.--
6	(b)  A sexual predator who has been convicted of or found
7	to have committed, or has pled nolo contendere or guilty to,
8	regardless of adjudication, any violation, or attempted
9	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
10	the victim is a minor and the defendant is not the victim's
11	parent or guardian; s. 794.011(2), (3), (4), (5), or (8) s.
12	794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
13	796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0145; or s.
14	985.701(1); or a violation of a similar law of another
15	jurisdiction when the victim of the offense was a minor, and who
16	works, whether for compensation or as a volunteer, at any
17	business where children regularly congregate, school, child care
18	facility day care center, park as defined in s. 794.0701,
19	playground, or other place where children regularly congregate,
20	commits a felony of the third degree, punishable as provided in
21	s. 775.082, s. 775.083, or s. 775.084.
22	Section 2.  Section 775.215, Florida Statutes, is created
23	to read:
24	775.215  Residency distance limitations for persons
25	convicted of certain sexual offenses; certain local ordinances
26	preempted and repealed.--The adoption of residency distance
27	limitations for persons convicted of sexual offenses, including,
28	but not limited to, violations of s. 787.01, s. 787.02, s.
29	794.011, s. 800.04, s. 827.071, or s. 847.0145, regardless of
30	whether adjudication has been withheld, is expressly preempted
31	to the state. The provisions of ss. 794.065, 947.1405, and
32	948.30 establishing such distance limitations supersede the
33	distance limitations included in any such municipal or county
34	ordinances. Any such residency distance limitations adopted by a
35	county or municipality prior to October 1, 2008, are hereby
36	repealed and abolished as of October 1, 2008. However, the
37	governing body of a county operating under a home rule charter
38	adopted pursuant to s. 11, Art. VIII of the Constitution of
39	1885, as preserved by s. 6(e), Art. VIII of the State
40	Constitution, may, upon the recommendation of the chief law
41	enforcement officer of the county and a finding of public
42	necessity, adopt an ordinance after October 1, 2008, which
43	increases the distance limitations contained in s. 794.065 up to
44	a maximum distance of 1,750 feet.
45	Section 3.  Subsection (2) of section 775.24, Florida
46	Statutes, is amended to read:
47	775.24  Duty of the court to uphold laws governing sexual
48	predators and sexual offenders.--
49	(2)  If a person meets the criteria in this chapter for
50	designation as a sexual predator or meets the criteria in s.
51	943.0435, s. 944.606, s. 944.607, or any other law for
52	classification as a sexual offender, the court may not enter an
53	order, for the purpose of approving a plea agreement or for any
54	other reason, which:
55	(a)  Exempts a person who meets the criteria for
56	designation as a sexual predator or classification as a sexual
57	offender from such designation or classification, or exempts
58	such person from the requirements for registration or community
59	and public notification imposed upon sexual predators and sexual
60	offenders, exempts such person from the residency distance
61	limitations contained in ss. 794.065, 947.1405, and 948.30, or
62	exempts such person from the provisions of s. 794.0701;
63	(b)  Restricts the compiling, reporting, or release of
64	public records information that relates to sexual predators or
65	sexual offenders; or
66	(c)  Prevents any person or entity from performing its
67	duties or operating within its statutorily conferred authority
68	as such duty or authority relates to sexual predators or sexual
69	offenders.
70	Section 4.  Section 794.065, Florida Statutes, is amended
71	to read:
72	794.065  Unlawful place of residence for persons convicted
73	of certain sex offenses.--
74	(1)(a)1.  It is unlawful for any person who has been
75	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
76	or s. 847.0145, regardless of whether adjudication has been
77	withheld, in which the victim of the offense was less than 16
78	years of age, to reside within 1,000 feet of any school, child
79	care facility day care center, park as defined in s. 794.0701,
80	or playground.
81	2.  A person who violates this subsection section and whose
82	conviction for an offense listed in subparagraph 1. under s.
83	794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified
84	as:
85	a.  A felony of the first degree or higher commits a felony
86	of the third degree, punishable as provided in s. 775.082 or s.
87	775.083. A person who violates this section and whose conviction
88	under s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 was
89	classified as
90	b.  A felony of the second or third degree commits a
91	misdemeanor of the first degree, punishable as provided in s.
92	775.082 or s. 775.083.
93	(b)(2)  This subsection section applies to any person
94	convicted of an offense listed in subparagraph (a)1. if the
95	offense occurred a violation of s. 794.011, s. 800.04, s.
96	827.071, or s. 847.0145 for offenses that occur on or after
97	October 1, 2004.
98	(2)(a)1.  Any person who has been convicted of a violation
99	of s. 787.01, s. 787.02, s. 794.011, s. 800.04, s. 827.071, or
100	s. 847.0145, or a violation of a similar law of another
101	jurisdiction, committed on or after October 1, 2008, regardless
102	of whether adjudication has been withheld, in which the victim
103	of the offense was younger than 16 years of age, may not reside
104	within 1,500 feet of any school, child care facility, park as
105	defined in s. 794.0701, or playground. Any person who is subject
106	to subparagraph (1)(a)1. and who establishes a new residence
107	after October 1, 2008, is subject to the residency distance
108	limitation set forth in this subparagraph.
109	2.  A person violating this subsection whose conviction of
110	an offense listed in subparagraph 1. was classified as:
111	a.  A felony of the first degree or higher commits a felony
112	of the third degree, punishable as provided in s. 775.082 or s.
113	775.083.
114	b.  A felony of the second or third degree commits a
115	misdemeanor of the first degree, punishable as provided in s.
116	775.082 or s. 775.083.
117	(b)  The distances in this subsection shall be measured in
118	a straight line from the offender's place of residence to the
119	nearest boundary line of the school, child care facility, park
120	as defined in s. 794.0701, or playground.
121	Section 5.  Section 794.0701, Florida Statutes, is created
122	to read:
123	794.0701  Loitering or prowling by persons convicted of
124	certain sex offenses.--
125	(1)  Any person who:
126	(a)  Has been convicted of a violation of s. 787.01, s.
127	787.02, s. 794.011, s. 800.04, s. 827.071, or s. 847.0145,
128	regardless of whether adjudication has been withheld, in which
129	the victim of the offense was younger than 16 years of age; and
130	(b)  Loiters or prowls as proscribed in s. 856.021 within
131	300 feet of a place where children regularly congregate,
132	including a school, designated public school bus stop, child
133	care facility, playground, or park as defined in s. 794.0701,
134
135	commits a misdemeanor of the first degree, punishable as
136	provided in s. 775.082 or s. 775.083.
137	(2)  "Child care facility" has the same meaning as provided
138	in s. 402.302.
139	(3)  "Park" means and includes all public and private
140	property specifically designated as being used for park and
141	recreational purposes and where children regularly congregate.
142	(4)  "School" has the same meaning as provided in s.
143	1003.01 and includes a "private school" as defined in s.
144	1002.01, a "voluntary prekindergarten education program" as
145	described in s. 1002.53(3), a "public school" as described in s.
146	402.3025(1), the Florida School for the Deaf and the Blind, the
147	Florida Virtual School as established in s. 1002.37, and a K-8
148	Virtual School as established in s. 1002.415, excluding
149	facilities dedicated exclusively to the education of adults.
150	Section 6.  Subsection (2) and paragraph (a) of subsection
151	(7) of section 947.1405, Florida Statutes, are amended, and
152	subsection (11) is added to that section, to read:
153	947.1405  Conditional release program.--
154	(2)(a)  Any inmate who:
155	1.(a)  Is convicted of a crime committed on or after
156	October 1, 1988, and before January 1, 1994, and any inmate who
157	is convicted of a crime committed on or after January 1, 1994,
158	which crime is or was contained in category 1, category 2,
159	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
160	Rules of Criminal Procedure (1993), and who has served at least
161	one prior felony commitment at a state or federal correctional
162	institution;
163	2.(b)  Is sentenced as a habitual or violent habitual
164	offender or a violent career criminal pursuant to s. 775.084; or
165	3.(c)  Is found to be a sexual predator under s. 775.21 or
166	former s. 775.23,
167
168	shall, upon reaching the tentative release date or provisional
169	release date, whichever is earlier, as established by the
170	Department of Corrections, be released under supervision subject
171	to specified terms and conditions, including payment of the cost
172	of supervision pursuant to s. 948.09. Such supervision shall be
173	applicable to all sentences within the overall term of sentences
174	if an inmate's overall term of sentences includes one or more
175	sentences that are eligible for conditional release supervision
176	as provided herein.
177	(b)  Effective July 1, 1994, and applicable for offenses
178	committed on or after that date, the commission may require, as
179	a condition of conditional release, that the releasee make
180	payment of the debt due and owing to a county or municipal
181	detention facility under s. 951.032 for medical care, treatment,
182	hospitalization, or transportation received by the releasee
183	while in that detention facility. The commission, in determining
184	whether to order such repayment and the amount of such
185	repayment, shall consider the amount of the debt, whether there
186	was any fault of the institution for the medical expenses
187	incurred, the financial resources of the releasee, the present
188	and potential future financial needs and earning ability of the
189	releasee, and dependents, and other appropriate factors.
190	(c)  If any inmate placed on conditional release
191	supervision is also subject to probation or community control,
192	resulting from a probationary or community control split
193	sentence within the overall term of sentences, the Department of
194	Corrections shall supervise such person according to the
195	conditions imposed by the court and the commission shall defer
196	to such supervision. If the court revokes probation or community
197	control and resentences the offender to a term of incarceration,
198	such revocation also constitutes a sufficient basis for the
199	revocation of the conditional release supervision on any
200	nonprobationary or noncommunity control sentence without further
201	hearing by the commission. If any such supervision on any
202	nonprobationary or noncommunity control sentence is revoked,
203	such revocation may result in a forfeiture of all gain-time, and
204	the commission may revoke the resulting deferred conditional
205	release supervision or take other action it considers
206	appropriate. If the term of conditional release supervision
207	exceeds that of the probation or community control, then, upon
208	expiration of the probation or community control, authority for
209	the supervision shall revert to the commission and the
210	supervision shall be subject to the conditions imposed by the
211	commission.
212	(d)  A panel of no fewer than two commissioners shall
213	establish the terms and conditions of any such release. If the
214	offense was a controlled substance violation, the conditions
215	shall include a requirement that the offender submit to random
216	substance abuse testing intermittently throughout the term of
217	conditional release supervision, upon the direction of the
218	correctional probation officer as defined in s. 943.10(3). The
219	commission shall also determine whether the terms and conditions
220	of such release have been violated and whether such violation
221	warrants revocation of the conditional release.
222	(7)(a)  Any inmate who is convicted of a crime committed on
223	or after October 1, 1995, or who has been previously convicted
224	of a crime committed on or after October 1, 1995, in violation
225	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
226	subject to conditional release supervision, shall have, in
227	addition to any other conditions imposed, the following special
228	conditions imposed by the commission:
229	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
230	commission may designate another 8-hour period if the offender's
231	employment precludes the above specified time, and such
232	alternative is recommended by the Department of Corrections. If
233	the commission determines that imposing a curfew would endanger
234	the victim, the commission may consider alternative sanctions.
235	2.a.  If the victim was under the age of 18, a prohibition
236	on living within 1,000 feet of a school, child care facility day
237	care center, park as defined in s. 794.0701, playground,
238	designated public school bus stop, or other place where children
239	regularly congregate. A releasee who is subject to this
240	subparagraph may not relocate to a residence that is within
241	1,000 feet of a public school bus stop.
242	b.  Beginning October 1, 2004, the commission or the
243	department may not approve a residence that is located within
244	1,000 feet of a school, child care facility day care center,
245	park as defined in s. 794.0701, playground, designated school
246	bus stop, or other place where children regularly congregate for
247	any releasee who is subject to this subparagraph. On October 1,
248	2004, the department shall notify each affected school district
249	of the location of the residence of a releasee 30 days prior to
250	release and thereafter, if the releasee relocates to a new
251	residence, shall notify any affected school district of the
252	residence of the releasee within 30 days after relocation. If,
253	on October 1, 2004, any public school bus stop is located within
254	1,000 feet of the existing residence of such releasee, the
255	district school board shall relocate that school bus stop.
256	Beginning October 1, 2004, a district school board may not
257	establish or relocate a public school bus stop within 1,000 feet
258	of the residence of a releasee who is subject to this
259	subparagraph. The failure of the district school board to comply
260	with this subparagraph shall not result in a violation of
261	conditional release supervision.
262	c.  If the victim was under the age of 18, beginning
263	October 1, 2008, neither the commission nor the department may
264	approve a residence located within 1,000 feet of any designated
265	school bus stop or within 1,500 feet of a school, child care
266	facility, park as defined in s. 794.0701, playground, or other
267	place where children regularly congregate for any releasee who
268	is subject to this subparagraph. The distance in this sub-
269	subparagraph shall be measured in a straight line from the
270	offender's place of residence to the nearest boundary line of
271	any designated school bus stop, school, child care facility,
272	park as defined in s. 794.0701, playground, or other place where
273	children regularly congregate. The distance may not be measured
274	by a pedestrian route or automobile route.
275	3.  Active participation in and successful completion of a
276	sex offender treatment program with qualified practitioners
277	specifically trained to treat sex offenders, at the releasee's
278	own expense. If a qualified practitioner is not available within
279	a 50-mile radius of the releasee's residence, the offender shall
280	participate in other appropriate therapy.
281	4.  A prohibition on any contact with the victim, directly
282	or indirectly, including through a third person, unless approved
283	by the victim, the offender's therapist, and the sentencing
284	court.
285	5.  If the victim was under the age of 18, a prohibition
286	against contact with children under the age of 18 without review
287	and approval by the commission. The commission may approve
288	supervised contact with a child under the age of 18 if the
289	approval is based upon a recommendation for contact issued by a
290	qualified practitioner who is basing the recommendation on a
291	risk assessment. Further, the sex offender must be currently
292	enrolled in or have successfully completed a sex offender
293	therapy program. The commission may not grant supervised contact
294	with a child if the contact is not recommended by a qualified
295	practitioner and may deny supervised contact with a child at any
296	time. When considering whether to approve supervised contact
297	with a child, the commission must review and consider the
298	following:
299	a.  A risk assessment completed by a qualified
300	practitioner. The qualified practitioner must prepare a written
301	report that must include the findings of the assessment and
302	address each of the following components:
303	(I)  The sex offender's current legal status;
304	(II)  The sex offender's history of adult charges with
305	apparent sexual motivation;
306	(III)  The sex offender's history of adult charges without
307	apparent sexual motivation;
308	(IV)  The sex offender's history of juvenile charges,
309	whenever available;
310	(V)  The sex offender's offender treatment history,
311	including a consultation from the sex offender's treating, or
312	most recent treating, therapist;
313	(VI)  The sex offender's current mental status;
314	(VII)  The sex offender's mental health and substance abuse
315	history as provided by the Department of Corrections;
316	(VIII)  The sex offender's personal, social, educational,
317	and work history;
318	(IX)  The results of current psychological testing of the
319	sex offender if determined necessary by the qualified
320	practitioner;
321	(X)  A description of the proposed contact, including the
322	location, frequency, duration, and supervisory arrangement;
323	(XI)  The child's preference and relative comfort level
324	with the proposed contact, when age-appropriate;
325	(XII)  The parent's or legal guardian's preference
326	regarding the proposed contact; and
327	(XIII)  The qualified practitioner's opinion, along with
328	the basis for that opinion, as to whether the proposed contact
329	would likely pose significant risk of emotional or physical harm
330	to the child.
331
332	The written report of the assessment must be given to the
333	commission.
334	b.  A recommendation made as a part of the risk-assessment
335	report as to whether supervised contact with the child should be
336	approved;
337	c.  A written consent signed by the child's parent or legal
338	guardian, if the parent or legal guardian is not the sex
339	offender, agreeing to the sex offender having supervised contact
340	with the child after receiving full disclosure of the sex
341	offender's present legal status, past criminal history, and the
342	results of the risk assessment. The commission may not approve
343	contact with the child if the parent or legal guardian refuses
344	to give written consent for supervised contact;
345	d.  A safety plan prepared by the qualified practitioner,
346	who provides treatment to the offender, in collaboration with
347	the sex offender, the child's parent or legal guardian, and the
348	child, when age appropriate, which details the acceptable
349	conditions of contact between the sex offender and the child.
350	The safety plan must be reviewed and approved by the Department
351	of Corrections before being submitted to the commission; and
352	e.  Evidence that the child's parent or legal guardian, if
353	the parent or legal guardian is not the sex offender,
354	understands the need for and agrees to the safety plan and has
355	agreed to provide, or to designate another adult to provide,
356	constant supervision any time the child is in contact with the
357	offender.
358
359	The commission may not appoint a person to conduct a risk
360	assessment and may not accept a risk assessment from a person
361	who has not demonstrated to the commission that he or she has
362	met the requirements of a qualified practitioner as defined in
363	this section.
364	6.  If the victim was under age 18, a prohibition on
365	working for pay or as a volunteer at any school, child care
366	facility day care center, park as defined in s. 794.0701,
367	playground, or other place where children regularly congregate,
368	as prescribed by the commission.
369	7.  Unless otherwise indicated in the treatment plan
370	provided by the sexual offender treatment program, a prohibition
371	on viewing, owning, or possessing any obscene, pornographic, or
372	sexually stimulating visual or auditory material, including
373	telephone, electronic media, computer programs, or computer
374	services that are relevant to the offender's deviant behavior
375	pattern.
376	8.  Effective for a releasee whose crime is committed on or
377	after July 1, 2005, a prohibition on accessing the Internet or
378	other computer services until the offender's sex offender
379	treatment program, after a risk assessment is completed,
380	approves and implements a safety plan for the offender's
381	accessing or using the Internet or other computer services.
382	9.  A requirement that the releasee must submit two
383	specimens of blood to the Florida Department of Law Enforcement
384	to be registered with the DNA database.
385	10.  A requirement that the releasee make restitution to
386	the victim, as determined by the sentencing court or the
387	commission, for all necessary medical and related professional
388	services relating to physical, psychiatric, and psychological
389	care.
390	11.  Submission to a warrantless search by the community
391	control or probation officer of the probationer's or community
392	controllee's person, residence, or vehicle.
393	Section 7.  Subsection (4) of section 948.06, Florida
394	Statutes, is amended to read:
395	948.06  Violation of probation or community control;
396	revocation; modification; continuance; failure to pay
397	restitution or cost of supervision.--
398	(4)  Notwithstanding any other provision of this section, a
399	felony probationer or an offender in community control who is
400	arrested for violating his or her probation or community control
401	in a material respect may be taken before the court in the
402	county or circuit in which the probationer or offender was
403	arrested. That court shall advise him or her of such the charge
404	of a violation and, if such charge is admitted, shall cause him
405	or her to be brought before the court that granted the probation
406	or community control. If such the violation is not admitted by
407	the probationer or offender, the court may commit him or her or
408	release him or her with or without bail to await further
409	hearing. However, if the probationer or offender is under
410	supervision for any criminal offense proscribed in chapter 794,
411	s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
412	registered sexual predator or a registered sexual offender, or
413	is under supervision for a criminal offense for which he or she
414	would meet the registration criteria in s. 775.21, s. 943.0435,
415	or s. 944.607 but for the effective date of those sections, the
416	court must make a finding that the probationer or offender poses
417	no is not a danger to the public prior to release with or
418	without bail. In determining whether the offender poses no
419	danger to the public the danger posed by the offender's or
420	probationer's release, the court may consider the nature and
421	circumstances of the violation and any new offenses charged; the
422	offender's or probationer's past and present conduct, including
423	convictions of crimes; any record of arrests without conviction
424	for crimes involving violence or sexual crimes; any other
425	evidence of allegations of unlawful sexual conduct or the use of
426	violence by the offender or probationer; the offender's or
427	probationer's family ties, length of residence in the community,
428	employment history, and mental condition; his or her history and
429	conduct during the probation or community control supervision
430	from which the violation arises and any other previous
431	supervisions, including disciplinary records of previous
432	incarcerations; the likelihood that the offender or probationer
433	will engage again in a criminal course of conduct; the weight of
434	the evidence against the offender or probationer; and any other
435	facts the court considers relevant. The court, as soon as is
436	practicable, shall give the probationer or offender an
437	opportunity to be fully heard on his or her behalf in person or
438	by counsel. After such the hearing, the court shall make
439	findings of fact and forward the findings to the court that
440	granted the probation or community control and to the
441	probationer or offender or his or her attorney. The findings of
442	fact by the hearing court are binding on the court that granted
443	the probation or community control. Upon the probationer or
444	offender being brought before it, the court that granted the
445	probation or community control may revoke, modify, or continue
446	the probation or community control or may place the probationer
447	into community control as provided in this section. However, the
448	probationer or offender shall not be released and shall not be
449	admitted to bail, but shall be brought before the court that
450	granted the probation or community control if any violation of
451	felony probation or community control other than a failure to
452	pay costs or fines or make restitution payments is alleged to
453	have been committed by:
454	(a)  A violent felony offender of special concern, as
455	defined in this section;
456	(b)  A person who is on felony probation or community
457	control for any offense committed on or after the effective date
458	of this act and who is arrested for a qualifying offense as
459	defined in this section; or
460	(c)  A person who is on felony probation or community
461	control and has previously been found by a court to be a
462	habitual violent felony offender as defined in s. 775.084(1)(b),
463	a three-time violent felony offender as defined in s.
464	775.084(1)(c), or a sexual predator under s. 775.21, and who is
465	arrested for committing a qualifying offense as defined in this
466	section on or after the effective date of this act.
467	Section 8.  Paragraph (b) of subsection (1) and subsection
468	(3) of section 948.30, Florida Statutes, are amended, and
469	subsection (4) is added to that section, to read:
470	948.30  Additional terms and conditions of probation or
471	community control for certain sex offenses.--Conditions imposed
472	pursuant to this section do not require oral pronouncement at
473	the time of sentencing and shall be considered standard
474	conditions of probation or community control for offenders
475	specified in this section.
476	(1)  Effective for probationers or community controllees
477	whose crime was committed on or after October 1, 1995, and who
478	are placed under supervision for violation of chapter 794, s.
479	800.04, s. 827.071, or s. 847.0145, the court must impose the
480	following conditions in addition to all other standard and
481	special conditions imposed:
482	(b)1.  Except as provided in subparagraph 2., if the victim
483	was under the age of 18, a prohibition on living within 1,000
484	feet of a school, child care facility day care center, park as
485	defined in s. 794.0701, playground, or other place where
486	children regularly congregate, as prescribed by the court. The
487	1,000-foot distance shall be measured in a straight line from
488	the offender's place of residence to the nearest boundary line
489	of the school, child care facility day care center, park as
490	defined in s. 794.0701, playground, or other place where
491	children regularly congregate. The distance may not be measured
492	by a pedestrian route or automobile route.
493	2.  For a probationer or community controllee whose crime
494	was committed on or after October 1, 2008, if the victim was
495	younger than 18 years of age, a prohibition on living within
496	1,500 feet of a school, child care facility, park as defined in
497	s. 794.0701, playground, or other place where children regularly
498	congregate, as prescribed by the court. This distance shall be
499	measured in a straight line from the offender's place of
500	residence to the nearest boundary line of the school, child care
501	facility, park as defined in s. 794.0701, playground, or other
502	place where children regularly congregate. The distance may not
503	be measured by a pedestrian route or automobile route.
504	(3)  Effective for a probationer or community controllee
505	whose crime was committed on or after September 1, 2005, and
506	who:
507	(a)  Is placed on probation or community control for a
508	violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
509	or s. 847.0145 and the unlawful sexual activity involved a
510	victim younger than 16 15 years of age or younger and the
511	offender is 18 years of age or older;
512	(b)  Is designated a sexual predator pursuant to s. 775.21;
513	or
514	(c)  Has previously been convicted of a violation of
515	chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
516	847.0145 and the unlawful sexual activity involved a victim
517	younger than 16 15 years of age or younger and the offender is
518	18 years of age or older,
519
520	the court must order, in addition to any other provision of this
521	section, mandatory electronic monitoring as a condition of the
522	probation or community control supervision.
523
524	-----------------------------------------------------
525	D I R E C T O R Y  A M E N D M E N T
526	Remove lines 26-27 and insert:
527	Section 1.  Paragraph (b) of subsection (3) and paragraph
528	(b) of subsection (10) of section 775.21, Florida Statutes, are
529	amended to read:
530
531	-----------------------------------------------------
532	-----------------------------------------------------
533	T I T L E  A M E N D M E N T
534	Remove lines 3-22 and insert:
535	amending s. 775.21, F.S.; revising provisions relating to
536	reimbursement of specified costs by sexual predators;
537	providing criminal penalties; prohibiting sexual predators
538	from working at certain locations; providing criminal
539	penalties; creating s. 775.215, F.S.; specifying residency
540	distance limitations for persons convicted of certain
541	sexual offenses; preempting certain local ordinances and
542	providing for repeal of such ordinances; providing an
543	exception for charter counties; amending s. 775.24, F.S.;
544	revising provisions relating to the duty of the court to
545	uphold certain laws; amending s. 794.065, F.S.; providing
546	additional residency restrictions on certain offenders;
547	providing penalties; creating s. 794.0701, F.S.;
548	prohibiting loitering or prowling by persons convicted of
549	certain sex offenses; providing criminal penalties;
550	amending s. 947.1405, F.S.; providing additional
551	conditional release restrictions for certain offenders;
552	amending s. 948.06, F.S.; revising provisions relating to
553	release of probationers or offenders arrested for
554	violating their probation or community control in a
555	material respect; amending s. 948.30, F.S.; revising
556	provisions relating to terms and conditions of probation
557	or community control for certain sex offenses; providing
558	additional restrictions for certain probationers or
559	community controllees who committed sexual offenses with
560	minors under the age of 16; providing an effective date.

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