Amendment
Bill No. CS/HB 1107

Amendment No. 902681

CHAMBER ACTION
Senate		House
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1	Representative Simmons offered the following:
2
3	Substitute Amendment for Amendment (574141) (with title
4	amendment)
5	Remove everything after the enacting clause and insert:
6	Section 1.  Effective July 1, 2008, subsection (3) is added
7	to section 257.12, Florida Statutes, to read:
8	257.12  Division of Library and Information Services
9	authorized to accept and expend federal funds.--
10	(3)  All public libraries are encouraged to adopt an
11	Internet safety education program, including the implementation
12	of a computer-based educational program, that has been endorsed
13	by a United States government-sanctioned law enforcement agency
14	or other reputable organization and is designed for children and
15	adults. The purpose of the Internet safety education program is
16	to promote the use of prudent online deportment and broaden
17	awareness of online predators. The program shall be interactive
18	and age appropriate. Each library shall annually report to the
19	division the annual number of users who complete the education
20	program. By April 1, 2009, the division shall adopt rules for
21	rewarding those libraries in the program grant application
22	process which have had 1 percent or more of their annual number
23	of users, based on the total number of registered borrowers from
24	the preceding year, complete the education program adopted by
25	the library. Users completing the program as a result of
26	strategic partnerships or collaboration between the library and
27	other entities shall be integrated into the library's annual
28	report. The division shall adopt rules to, beginning with the
29	grant application cycle for the 2010-2011 fiscal year, allocate
30	10 percent of the total points available in the library services
31	and technology grant application evaluation process to public
32	libraries that are in compliance with this subsection.
33	Section 2.  Paragraph (b) of subsection (3) and paragraph
34	(b) of subsection (10) of section 775.21, Florida Statutes, are
35	amended to read:
36	775.21  The Florida Sexual Predators Act.--
37	(3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
38	INTENT.--
39	(b)  The high level of threat that a sexual predator
40	presents to the public safety, and the long-term effects
41	suffered by victims of sex offenses, provide the state with
42	sufficient justification to implement a strategy that includes:
43	1.  Incarcerating sexual predators and maintaining adequate
44	facilities to ensure that decisions to release sexual predators
45	into the community are not made on the basis of inadequate
46	space.
47	2.  Providing for specialized supervision of sexual
48	predators who are in the community by specially trained
49	probation officers with low caseloads, as described in ss.
50	947.1405(7) and 948.30. The sexual predator is subject to
51	specified terms and conditions implemented at sentencing or at
52	the time of release from incarceration, with a requirement that
53	only those sexual predators found to be indigent may defer
54	payment pursuant to s. 28.246 of all or part of the costs in
55	accordance with the provisions of that section who are
56	financially able must pay all or part of the costs of
57	supervision.
58	3.  Requiring the registration of sexual predators, with a
59	requirement that complete and accurate information be maintained
60	and accessible for use by law enforcement authorities,
61	communities, and the public.
62	4.  Providing for community and public notification
63	concerning the presence of sexual predators.
64	5.  Prohibiting sexual predators from working with
65	children, either for compensation or as a volunteer.
66	(10)  PENALTIES.--
67	(b)  A sexual predator who has been convicted of or found
68	to have committed, or has pled nolo contendere or guilty to,
69	regardless of adjudication, any violation, or attempted
70	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
71	the victim is a minor and the defendant is not the victim's
72	parent or guardian; s. 794.011(2), (3), (4), (5), or (8) s.
73	794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
74	796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0145; or s.
75	985.701(1); or a violation of a similar law of another
76	jurisdiction when the victim of the offense was a minor, and who
77	works, whether for compensation or as a volunteer, at any
78	business where children regularly congregate, school, child care
79	facility day care center, park as defined in s. 794.0701,
80	playground, or other place where children regularly congregate,
81	commits a felony of the third degree, punishable as provided in
82	s. 775.082, s. 775.083, or s. 775.084.
83	Section 3.  Section 775.215, Florida Statutes, is created
84	to read:
85	775.215  Residency distance limitations for persons
86	convicted of certain sexual offenses; certain local ordinances
87	preempted and repealed.--The adoption of residency distance
88	limitations for persons convicted of sexual offenses, including,
89	but not limited to, violations of s. 787.01, s. 787.02, s.
90	794.011, s. 800.04, s. 827.071, or s. 847.0145, regardless of
91	whether adjudication has been withheld, is expressly preempted
92	to the state. The provisions of ss. 794.065, 947.1405, and
93	948.30 establishing such distance limitations supersede the
94	distance limitations included in any such municipal or county
95	ordinances. Any such residency distance limitations adopted by a
96	county or municipality prior to July 1, 2009, are hereby
97	repealed and abolished as of July 1, 2009. However, after July
98	1, 2009, the governing body of a county or municipality, may,
99	upon the written recommendation of the chief law enforcement
100	officer of such county or municipality and upon a finding of
101	public necessity by said governing body, adopt by a two-thirds
102	vote an ordinance that increases the distance limitations
103	contained in s. 794.065 up to a maximum distance of 2,000 feet.
104	Section 4.  Subsection (2) of section 775.24, Florida
105	Statutes, is amended to read:
106	775.24  Duty of the court to uphold laws governing sexual
107	predators and sexual offenders.--
108	(2)  If a person meets the criteria in this chapter for
109	designation as a sexual predator or meets the criteria in s.
110	943.0435, s. 944.606, s. 944.607, or any other law for
111	classification as a sexual offender, the court may not enter an
112	order, for the purpose of approving a plea agreement or for any
113	other reason, which:
114	(a)  Exempts a person who meets the criteria for
115	designation as a sexual predator or classification as a sexual
116	offender from such designation or classification, or exempts
117	such person from the requirements for registration or community
118	and public notification imposed upon sexual predators and sexual
119	offenders, exempts such person from the residency distance
120	limitations contained in ss. 794.065, 947.1405, and 948.30, or
121	exempts such person from the provisions of s. 794.0701;
122	(b)  Restricts the compiling, reporting, or release of
123	public records information that relates to sexual predators or
124	sexual offenders; or
125	(c)  Prevents any person or entity from performing its
126	duties or operating within its statutorily conferred authority
127	as such duty or authority relates to sexual predators or sexual
128	offenders.
129	Section 5.  Section 794.065, Florida Statutes, is amended
130	to read:
131	794.065  Unlawful place of residence for persons convicted
132	of certain sex offenses.--
133	(1)(a)1.  It is unlawful for any person who has been
134	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
135	or s. 847.0145, regardless of whether adjudication has been
136	withheld, in which the victim of the offense was less than 16
137	years of age, to reside within 1,000 feet of any school, child
138	care facility day care center, park as defined in s. 794.0701,
139	or playground.
140	2.  A person who violates this subsection section and whose
141	conviction for an offense listed in subparagraph 1. under s.
142	794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified
143	as:
144	a.  A felony of the first degree or higher commits a felony
145	of the third degree, punishable as provided in s. 775.082 or s.
146	775.083. A person who violates this section and whose conviction
147	under s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 was
148	classified as
149	b.  A felony of the second or third degree commits a
150	misdemeanor of the first degree, punishable as provided in s.
151	775.082 or s. 775.083.
152	(2)  This section applies to any person convicted of an
153	offense listed in subparagraph (1)(a)1. if the offense occurred
154	a violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145
155	for offenses that occur on or after October 1, 2004.
156	(3)  The distances in this section shall be measured in a
157	straight line from the offender's place of residence to the
158	nearest boundary line of the school, child care facility, park
159	as defined in s. 794.0701, or playground.
160	Section 6.  Effective July 1, 2008, section 794.0701,
161	Florida Statutes, is created to read:
162	794.0701  Loitering or prowling by persons convicted of
163	certain sex offenses.--
164	(1)  As used in this section, the term:
165	(a)  "Child care facility" has the same meaning as provided
166	in s. 402.302.
167	(b)  "Park" means and includes all public and private
168	property specifically designated as being used for park and
169	recreational purposes and where children regularly congregate.
170	(c)  "School" has the same meaning as provided in s.
171	1003.01 and includes a "private school" as defined in s.
172	1002.01, a "voluntary prekindergarten education program" as
173	described in s. 1002.53(3), a "public school" as described in s.
174	402.3025(1), the Florida School for the Deaf and the Blind, the
175	Florida Virtual School as established in s. 1002.37, and a K-8
176	Virtual School as established in s. 1002.415, excluding
177	facilities dedicated exclusively to the education of adults.
178	(2)  Any person who:
179	(a)  Has been convicted of a violation of s. 787.01, s.
180	787.02, s. 794.011, s. 800.04, s. 827.071, or s. 847.0145,
181	regardless of whether adjudication has been withheld, in which
182	the victim of the offense was younger than 16 years of age; and
183	(b)  Loiters or prowls as proscribed in s. 856.021 within
184	300 feet of a place where children regularly congregate,
185	including a school, designated public school bus stop, child
186	care facility, playground, or park as defined in s. 794.0701,
187
188	commits a misdemeanor of the first degree, punishable as
189	provided in s. 775.082 or s. 775.083.
190	Section 7.  Subsection (2) and paragraph (a) of subsection
191	(7) of section 947.1405, Florida Statutes, are amended to read:
192	947.1405  Conditional release program.--
193	(2)(a)  Any inmate who:
194	1.(a)  Is convicted of a crime committed on or after
195	October 1, 1988, and before January 1, 1994, and any inmate who
196	is convicted of a crime committed on or after January 1, 1994,
197	which crime is or was contained in category 1, category 2,
198	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
199	Rules of Criminal Procedure (1993), and who has served at least
200	one prior felony commitment at a state or federal correctional
201	institution;
202	2.(b)  Is sentenced as a habitual or violent habitual
203	offender or a violent career criminal pursuant to s. 775.084; or
204	3.(c)  Is found to be a sexual predator under s. 775.21 or
205	former s. 775.23,
206
207	shall, upon reaching the tentative release date or provisional
208	release date, whichever is earlier, as established by the
209	Department of Corrections, be released under supervision subject
210	to specified terms and conditions, including payment of the cost
211	of supervision pursuant to s. 948.09. Such supervision shall be
212	applicable to all sentences within the overall term of sentences
213	if an inmate's overall term of sentences includes one or more
214	sentences that are eligible for conditional release supervision
215	as provided herein.
216	(b)  Effective July 1, 1994, and applicable for offenses
217	committed on or after that date, the commission may require, as
218	a condition of conditional release, that the releasee make
219	payment of the debt due and owing to a county or municipal
220	detention facility under s. 951.032 for medical care, treatment,
221	hospitalization, or transportation received by the releasee
222	while in that detention facility. The commission, in determining
223	whether to order such repayment and the amount of such
224	repayment, shall consider the amount of the debt, whether there
225	was any fault of the institution for the medical expenses
226	incurred, the financial resources of the releasee, the present
227	and potential future financial needs and earning ability of the
228	releasee, and dependents, and other appropriate factors.
229	(c)  If any inmate placed on conditional release
230	supervision is also subject to probation or community control,
231	resulting from a probationary or community control split
232	sentence within the overall term of sentences, the Department of
233	Corrections shall supervise such person according to the
234	conditions imposed by the court and the commission shall defer
235	to such supervision. If the court revokes probation or community
236	control and resentences the offender to a term of incarceration,
237	such revocation also constitutes a sufficient basis for the
238	revocation of the conditional release supervision on any
239	nonprobationary or noncommunity control sentence without further
240	hearing by the commission. If any such supervision on any
241	nonprobationary or noncommunity control sentence is revoked,
242	such revocation may result in a forfeiture of all gain-time, and
243	the commission may revoke the resulting deferred conditional
244	release supervision or take other action it considers
245	appropriate. If the term of conditional release supervision
246	exceeds that of the probation or community control, then, upon
247	expiration of the probation or community control, authority for
248	the supervision shall revert to the commission and the
249	supervision shall be subject to the conditions imposed by the
250	commission.
251	(d)  A panel of no fewer than two commissioners shall
252	establish the terms and conditions of any such release. If the
253	offense was a controlled substance violation, the conditions
254	shall include a requirement that the offender submit to random
255	substance abuse testing intermittently throughout the term of
256	conditional release supervision, upon the direction of the
257	correctional probation officer as defined in s. 943.10(3). The
258	commission shall also determine whether the terms and conditions
259	of such release have been violated and whether such violation
260	warrants revocation of the conditional release.
261	(7)(a)  Any inmate who is convicted of a crime committed on
262	or after October 1, 1995, or who has been previously convicted
263	of a crime committed on or after October 1, 1995, in violation
264	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
265	subject to conditional release supervision, shall have, in
266	addition to any other conditions imposed, the following special
267	conditions imposed by the commission:
268	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
269	commission may designate another 8-hour period if the offender's
270	employment precludes the above specified time, and such
271	alternative is recommended by the Department of Corrections. If
272	the commission determines that imposing a curfew would endanger
273	the victim, the commission may consider alternative sanctions.
274	2.a.  If the victim was under the age of 18, a prohibition
275	on living within 1,000 feet of a school, child care facility day
276	care center, park as defined in s. 794.0701, playground,
277	designated public school bus stop, or other place where children
278	regularly congregate. A releasee who is subject to this
279	subparagraph may not relocate to a residence that is within
280	1,000 feet of a public school bus stop.
281	b.  Beginning October 1, 2004, the commission or the
282	department may not approve a residence that is located within
283	1,000 feet of a school, child care facility day care center,
284	park as defined in s. 794.0701, playground, designated school
285	bus stop, or other place where children regularly congregate for
286	any releasee who is subject to this subparagraph. On October 1,
287	2004, the department shall notify each affected school district
288	of the location of the residence of a releasee 30 days prior to
289	release and thereafter, if the releasee relocates to a new
290	residence, shall notify any affected school district of the
291	residence of the releasee within 30 days after relocation. If,
292	on October 1, 2004, any public school bus stop is located within
293	1,000 feet of the existing residence of such releasee, the
294	district school board shall relocate that school bus stop.
295	Beginning October 1, 2004, a district school board may not
296	establish or relocate a public school bus stop within 1,000 feet
297	of the residence of a releasee who is subject to this
298	subparagraph. The failure of the district school board to comply
299	with this subparagraph shall not result in a violation of
300	conditional release supervision.
301	3.  Active participation in and successful completion of a
302	sex offender treatment program with qualified practitioners
303	specifically trained to treat sex offenders, at the releasee's
304	own expense. If a qualified practitioner is not available within
305	a 50-mile radius of the releasee's residence, the offender shall
306	participate in other appropriate therapy.
307	4.  A prohibition on any contact with the victim, directly
308	or indirectly, including through a third person, unless approved
309	by the victim, the offender's therapist, and the sentencing
310	court.
311	5.  If the victim was under the age of 18, a prohibition
312	against contact with children under the age of 18 without review
313	and approval by the commission. The commission may approve
314	supervised contact with a child under the age of 18 if the
315	approval is based upon a recommendation for contact issued by a
316	qualified practitioner who is basing the recommendation on a
317	risk assessment. Further, the sex offender must be currently
318	enrolled in or have successfully completed a sex offender
319	therapy program. The commission may not grant supervised contact
320	with a child if the contact is not recommended by a qualified
321	practitioner and may deny supervised contact with a child at any
322	time. When considering whether to approve supervised contact
323	with a child, the commission must review and consider the
324	following:
325	a.  A risk assessment completed by a qualified
326	practitioner. The qualified practitioner must prepare a written
327	report that must include the findings of the assessment and
328	address each of the following components:
329	(I)  The sex offender's current legal status;
330	(II)  The sex offender's history of adult charges with
331	apparent sexual motivation;
332	(III)  The sex offender's history of adult charges without
333	apparent sexual motivation;
334	(IV)  The sex offender's history of juvenile charges,
335	whenever available;
336	(V)  The sex offender's offender treatment history,
337	including a consultation from the sex offender's treating, or
338	most recent treating, therapist;
339	(VI)  The sex offender's current mental status;
340	(VII)  The sex offender's mental health and substance abuse
341	history as provided by the Department of Corrections;
342	(VIII)  The sex offender's personal, social, educational,
343	and work history;
344	(IX)  The results of current psychological testing of the
345	sex offender if determined necessary by the qualified
346	practitioner;
347	(X)  A description of the proposed contact, including the
348	location, frequency, duration, and supervisory arrangement;
349	(XI)  The child's preference and relative comfort level
350	with the proposed contact, when age-appropriate;
351	(XII)  The parent's or legal guardian's preference
352	regarding the proposed contact; and
353	(XIII)  The qualified practitioner's opinion, along with
354	the basis for that opinion, as to whether the proposed contact
355	would likely pose significant risk of emotional or physical harm
356	to the child.
357
358	The written report of the assessment must be given to the
359	commission.
360	b.  A recommendation made as a part of the risk-assessment
361	report as to whether supervised contact with the child should be
362	approved;
363	c.  A written consent signed by the child's parent or legal
364	guardian, if the parent or legal guardian is not the sex
365	offender, agreeing to the sex offender having supervised contact
366	with the child after receiving full disclosure of the sex
367	offender's present legal status, past criminal history, and the
368	results of the risk assessment. The commission may not approve
369	contact with the child if the parent or legal guardian refuses
370	to give written consent for supervised contact;
371	d.  A safety plan prepared by the qualified practitioner,
372	who provides treatment to the offender, in collaboration with
373	the sex offender, the child's parent or legal guardian, and the
374	child, when age appropriate, which details the acceptable
375	conditions of contact between the sex offender and the child.
376	The safety plan must be reviewed and approved by the Department
377	of Corrections before being submitted to the commission; and
378	e.  Evidence that the child's parent or legal guardian, if
379	the parent or legal guardian is not the sex offender,
380	understands the need for and agrees to the safety plan and has
381	agreed to provide, or to designate another adult to provide,
382	constant supervision any time the child is in contact with the
383	offender.
384
385	The commission may not appoint a person to conduct a risk
386	assessment and may not accept a risk assessment from a person
387	who has not demonstrated to the commission that he or she has
388	met the requirements of a qualified practitioner as defined in
389	this section.
390	6.  If the victim was under age 18, a prohibition on
391	working for pay or as a volunteer at any school, child care
392	facility day care center, park as defined in s. 794.0701,
393	playground, or other place where children regularly congregate,
394	as prescribed by the commission.
395	7.  Unless otherwise indicated in the treatment plan
396	provided by the sexual offender treatment program, a prohibition
397	on viewing, owning, or possessing any obscene, pornographic, or
398	sexually stimulating visual or auditory material, including
399	telephone, electronic media, computer programs, or computer
400	services that are relevant to the offender's deviant behavior
401	pattern.
402	8.  Effective for a releasee whose crime is committed on or
403	after July 1, 2005, a prohibition on accessing the Internet or
404	other computer services until the offender's sex offender
405	treatment program, after a risk assessment is completed,
406	approves and implements a safety plan for the offender's
407	accessing or using the Internet or other computer services.
408	9.  A requirement that the releasee must submit two
409	specimens of blood to the Florida Department of Law Enforcement
410	to be registered with the DNA database.
411	10.  A requirement that the releasee make restitution to
412	the victim, as determined by the sentencing court or the
413	commission, for all necessary medical and related professional
414	services relating to physical, psychiatric, and psychological
415	care.
416	11.  Submission to a warrantless search by the community
417	control or probation officer of the probationer's or community
418	controllee's person, residence, or vehicle.
419	Section 8.  Subsection (4) of section 948.06, Florida
420	Statutes, is amended to read:
421	948.06  Violation of probation or community control;
422	revocation; modification; continuance; failure to pay
423	restitution or cost of supervision.--
424	(4)  Notwithstanding any other provision of this section, a
425	felony probationer or an offender in community control who is
426	arrested for violating his or her probation or community control
427	in a material respect may be taken before the court in the
428	county or circuit in which the probationer or offender was
429	arrested. That court shall advise him or her of such the charge
430	of a violation and, if such charge is admitted, shall cause him
431	or her to be brought before the court that granted the probation
432	or community control. If such the violation is not admitted by
433	the probationer or offender, the court may commit him or her or
434	release him or her with or without bail to await further
435	hearing. However, if the probationer or offender is under
436	supervision for any criminal offense proscribed in chapter 794,
437	s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
438	registered sexual predator or a registered sexual offender, or
439	is under supervision for a criminal offense for which he or she
440	would meet the registration criteria in s. 775.21, s. 943.0435,
441	or s. 944.607 but for the effective date of those sections, the
442	court must make a finding that the probationer or offender poses
443	no is not a danger to the public prior to release with or
444	without bail. In determining whether the offender poses no
445	danger to the public the danger posed by the offender's or
446	probationer's release, the court may consider the nature and
447	circumstances of the violation and any new offenses charged; the
448	offender's or probationer's past and present conduct, including
449	convictions of crimes; any record of arrests without conviction
450	for crimes involving violence or sexual crimes; any other
451	evidence of allegations of unlawful sexual conduct or the use of
452	violence by the offender or probationer; the offender's or
453	probationer's family ties, length of residence in the community,
454	employment history, and mental condition; his or her history and
455	conduct during the probation or community control supervision
456	from which the violation arises and any other previous
457	supervisions, including disciplinary records of previous
458	incarcerations; the likelihood that the offender or probationer
459	will engage again in a criminal course of conduct; the weight of
460	the evidence against the offender or probationer; and any other
461	facts the court considers relevant. The court, as soon as is
462	practicable, shall give the probationer or offender an
463	opportunity to be fully heard on his or her behalf in person or
464	by counsel. After such the hearing, the court shall make
465	findings of fact and forward the findings to the court that
466	granted the probation or community control and to the
467	probationer or offender or his or her attorney. The findings of
468	fact by the hearing court are binding on the court that granted
469	the probation or community control. Upon the probationer or
470	offender being brought before it, the court that granted the
471	probation or community control may revoke, modify, or continue
472	the probation or community control or may place the probationer
473	into community control as provided in this section. However, the
474	probationer or offender shall not be released and shall not be
475	admitted to bail, but shall be brought before the court that
476	granted the probation or community control if any violation of
477	felony probation or community control other than a failure to
478	pay costs or fines or make restitution payments is alleged to
479	have been committed by:
480	(a)  A violent felony offender of special concern, as
481	defined in this section;
482	(b)  A person who is on felony probation or community
483	control for any offense committed on or after the effective date
484	of this act and who is arrested for a qualifying offense as
485	defined in this section; or
486	(c)  A person who is on felony probation or community
487	control and has previously been found by a court to be a
488	habitual violent felony offender as defined in s. 775.084(1)(b),
489	a three-time violent felony offender as defined in s.
490	775.084(1)(c), or a sexual predator under s. 775.21, and who is
491	arrested for committing a qualifying offense as defined in this
492	section on or after the effective date of this act.
493	Section 9.  Paragraph (b) of subsection (1) and subsection
494	(3) of section 948.30, Florida Statutes, are amended to read:
495	948.30  Additional terms and conditions of probation or
496	community control for certain sex offenses.--Conditions imposed
497	pursuant to this section do not require oral pronouncement at
498	the time of sentencing and shall be considered standard
499	conditions of probation or community control for offenders
500	specified in this section.
501	(1)  Effective for probationers or community controllees
502	whose crime was committed on or after October 1, 1995, and who
503	are placed under supervision for violation of chapter 794, s.
504	800.04, s. 827.071, or s. 847.0145, the court must impose the
505	following conditions in addition to all other standard and
506	special conditions imposed:
507	(b)  If the victim was under the age of 18, a prohibition
508	on living within 1,000 feet of a school, child care facility day
509	care center, park as defined in s. 794.0701, playground, or
510	other place where children regularly congregate, as prescribed
511	by the court. The 1,000-foot distance shall be measured in a
512	straight line from the offender's place of residence to the
513	nearest boundary line of the school, child care facility day
514	care center, park as defined in s. 794.0701, playground, or
515	other place where children regularly congregate. The distance
516	may not be measured by a pedestrian route or automobile route.
517	(3)  Effective for a probationer or community controllee
518	whose crime was committed on or after September 1, 2005, and
519	who:
520	(a)  Is placed on probation or community control for a
521	violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
522	or s. 847.0145 and the unlawful sexual activity involved a
523	victim younger than 16 15 years of age or younger and the
524	offender is 18 years of age or older;
525	(b)  Is designated a sexual predator pursuant to s. 775.21;
526	or
527	(c)  Has previously been convicted of a violation of
528	chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
529	847.0145 and the unlawful sexual activity involved a victim
530	younger than 16 15 years of age or younger and the offender is
531	18 years of age or older,
532
533	the court must order, in addition to any other provision of this
534	section, mandatory electronic monitoring as a condition of the
535	probation or community control supervision.
536	Section 10.  Except as otherwise provided, this act shall
537	take effect July 1, 2009.
538
539	-----------------------------------------------------
540	T I T L E  A M E N D M E N T
541	Remove the entire title and insert:
542	A bill to be entitled
543	An act relating to public safety; amending s. 257.12,
544	F.S.; encouraging all public libraries to implement an
545	Internet safety education program for children and adults;
546	providing minimum requirements for the program; requiring
547	libraries to annually report to the Division of Library
548	and Information Services of the Department of State the
549	number of users who complete the program; requiring that
550	the division adopt rules to award additional points to
551	grant applicants implementing such a program; amending s.
552	775.21, F.S.; revising provisions relating to
553	reimbursement of specified costs by sexual predators;
554	revising provisions relating to the residence of sexual
555	predators; providing criminal penalties; creating s.
556	775.215, F.S.; specifying residency distance limitations
557	for persons convicted of certain sexual offenses;
558	preempting certain local ordinances and providing for
559	repeal of such ordinances; permitting local ordinances
560	increasing distance limitations up to a specified maximum
561	amount in certain circumstances; amending s. 775.24, F.S.;
562	revising provisions relating to the duty of the court to
563	uphold certain laws; amending s. 794.065, F.S.; providing
564	additional residency restrictions for certain offenders;
565	providing penalties; creating s. 794.0701, F.S.; providing
566	definitions; providing for enhanced penalties for
567	loitering or prowling by persons convicted of certain sex
568	offenses; amending s. 947.1405, F.S.; providing additional
569	conditional release restrictions for certain offenders;
570	providing an exemption; amending s. 948.06, F.S.; revising
571	provisions relating to probation or community control for
572	sexual predators and sexual offenders; amending s. 948.30,
573	F.S.; revising provisions relating to terms and conditions
574	of probation or community control for certain sex
575	offenses; providing additional restrictions for certain
576	probationers or community controllees who committed sexual
577	offenses against a minor younger than 16 years of age;
578	providing effective dates.

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