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| 27 | preempted and repealed.--The adoption of residency distance |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| 37 | repealed and abolished as of October 1, 2008.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