CS for HB 1107 & HB 1351

1	A bill to be entitled
2	An act relating to sexual offenders and predators;
3	amending s. 775.21, F.S.; revising provisions relating to
4	reimbursement of specified costs by sexual predators;
5	providing criminal penalties; creating s. 775.215, F.S.;
6	specifying residency distance limitations for persons
7	convicted of certain sexual offenses; preempting certain
8	local ordinances and providing for repeal of such
9	ordinances; amending s. 775.24, F.S.; revising provisions
10	relating to the duty of the court to uphold certain laws;
11	amending s. 794.065, F.S.; providing additional residency
12	restrictions on certain offenders; providing penalties;
13	creating s. 794.0701, F.S.; prohibiting loitering or
14	prowling by persons convicted of certain sex offenses;
15	providing criminal penalties; amending s. 947.1405, F.S.;
16	providing additional conditional release restrictions for
17	certain offenders; amending s. 948.30, F.S.; revising
18	provisions relating to terms and conditions of probation
19	or community control for certain sex offenses; providing
20	additional restrictions for certain probationers or
21	community controllees who committed sexual offenses with
22	minors under the age of 16; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Paragraph (b) of subsection (3) of section
27	775.21, Florida Statutes, are  amended to read:
28	775.21  The Florida Sexual Predators Act.--
29	(3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
30	INTENT.--
31	(b)  The high level of threat that a sexual predator
32	presents to the public safety, and the long-term effects
33	suffered by victims of sex offenses, provide the state with
34	sufficient justification to implement a strategy that includes:
35	1.  Incarcerating sexual predators and maintaining adequate
36	facilities to ensure that decisions to release sexual predators
37	into the community are not made on the basis of inadequate
38	space.
39	2.  Providing for specialized supervision of sexual
40	predators who are in the community by specially trained
41	probation officers with low caseloads, as described in ss.
42	947.1405(7) and 948.30. The sexual predator is subject to
43	specified terms and conditions implemented at sentencing or at
44	the time of release from incarceration, with a requirement that
45	only those sexual predators found to be indigent may defer
46	payment pursuant to s. 28.246 of all or part of the costs in
47	accordance with the provisions of that section who are
48	financially able must pay all or part of the costs of
49	supervision.
50	3.  Requiring the registration of sexual predators, with a
51	requirement that complete and accurate information be maintained
52	and accessible for use by law enforcement authorities,
53	communities, and the public.
54	4.  Providing for community and public notification
55	concerning the presence of sexual predators.
56	5.  Prohibiting sexual predators from working with
57	children, either for compensation or as a volunteer.
58	Section 1.  Section 775.215, Florida Statutes, is created
59	to read:
60	775.215  Residency distance limitations for persons
61	convicted of certain sexual offenses; local ordinances preempted
62	and repealed.--The adoption of residency distance limitations
63	for persons convicted of sexual offenses, including, but not
64	limited to, violations of s. 787.01, s. 787.02, s. 794.011, s.
65	800.04, s. 827.071, or s. 847.0145, regardless of whether
66	adjudication has been withheld, is expressly preempted to the
67	state. The provisions of ss. 794.065, 947.1405, and 948.30
68	establishing such distance limitations supersede the distance
69	limitations included in any such municipal or county ordinances.
70	Any such residency distance limitations adopted by a county or
71	municipality prior to October 1, 2008, are hereby repealed and
72	abolished as of October 1, 2008.
73	Section 2.  Subsection (2) of section 775.24, Florida
74	Statutes, is amended to read:
75	775.24  Duty of the court to uphold laws governing sexual
76	predators and sexual offenders.--
77	(2)  If a person meets the criteria in this chapter for
78	designation as a sexual predator or meets the criteria in s.
79	943.0435, s. 944.606, s. 944.607, or any other law for
80	classification as a sexual offender, the court may not enter an
81	order, for the purpose of approving a plea agreement or for any
82	other reason, which:
83	(a)  Exempts a person who meets the criteria for
84	designation as a sexual predator or classification as a sexual
85	offender from such designation or classification;, or exempts
86	such person from the requirements for registration or community
87	and public notification imposed upon sexual predators and sexual
88	offenders; exempts such person from the distance limitations
89	contained in ss. 794.065, 947.1405, and 948.30; or exempts such
90	person from the provisions of s. 794.0701;
91	(b)  Restricts the compiling, reporting, or release of
92	public records information that relates to sexual predators or
93	sexual offenders; or
94	(c)  Prevents any person or entity from performing its
95	duties or operating within its statutorily conferred authority
96	as such duty or authority relates to sexual predators or sexual
97	offenders.
98	Section 3.  Section 794.065, Florida Statutes, is amended
99	to read:
100	794.065  Unlawful place of residence for persons convicted
101	of certain sex offenses.--
102	(1)(a)1.  It is unlawful for any person who has been
103	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
104	or s. 847.0145, regardless of whether adjudication has been
105	withheld, in which the victim of the offense was less than 16
106	years of age, to reside within 1,000 feet of any school, day
107	care center, park, or playground.
108	2.  A person who violates this subsection section and whose
109	conviction for an offense listed in subparagraph 1. under s.
110	794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified
111	as:
112	a.  A felony of the first degree or higher, commits a
113	felony of the third degree, punishable as provided in s. 775.082
114	or s. 775.083. A person who violates this section and whose
115	conviction under s. 794.011, s. 800.04, s. 827.071, or s.
116	847.0145 was classified as
117	b.  A felony of the second or third degree, commits a
118	misdemeanor of the first degree, punishable as provided in s.
119	775.082 or s. 775.083.
120	(b)(2)  This subsection section applies to any person
121	convicted of an offense listed in subparagraph (a)1. if the
122	offense occurred a violation of s. 794.011, s. 800.04, s.
123	827.071, or s. 847.0145 for offenses that occur on or after
124	October 1, 2004.
125	(2)(a)1.  It is unlawful for any person who has been
126	convicted of a violation of s. 787.01, s. 787.02, s. 794.011, s.
127	800.04, s. 827.071, or s. 847.0145, or a violation of a similar
128	law of another jurisdiction, committed on or after October 1,
129	2008, regardless of whether adjudication has been withheld, in
130	which the victim of the offense was less than 16 years of age,
131	to reside within 1,500 feet of any school, day care center,
132	park, or playground.
133	2.  A person violating this subsection whose conviction of
134	an offense listed in subparagraph 1. was classified as:
135	a.  A felony of the first degree or higher, commits a
136	felony of the third degree, punishable as provided in s. 775.082
137	or s. 775.083.
138	b.  A felony of the second or third degree, commits a
139	misdemeanor of the first degree, punishable as provided in s.
140	775.082 or s. 775.083.
141	(b)  The distances in this subsection shall be measured in
142	a straight line from the offender's place of residence to the
143	nearest boundary line of the school, day care center, park, or
144	playground.
145	Section 4.  Section 794.0701, Florida Statutes, is created
146	to read:
147	794.0701  Loitering or prowling by persons convicted of
148	certain sex offenses.--Any person who:
149	(1)  Has been convicted of a violation of s. 787.01, s.
150	787.02, s. 794.011, s. 800.04, s. 827.071, or s. 847.0145, or a
151	violation of a similar law of another jurisdiction, regardless
152	of whether adjudication has been withheld, in which the victim
153	of the offense was less than 16 years of age; and
154	(2)  Loiters or prowls as proscribed in s. 856.021 within
155	300 feet of a place where children regularly congregate,
156	including, but not limited to, a school, designated public
157	school bus stop, day care center, park, or playground
158
159	commits a misdemeanor of the first degree, punishable as
160	provided in s. 775.082 or s. 775.083.
161	Section 5.  Paragraph (a) of subsection (7) of section
162	947.1405, Florida Statutes, is amended, and subsection (11) is
163	added to that section, to read:
164	947.1405  Conditional release program.--
165	(7)(a)  Any inmate who is convicted of a crime committed on
166	or after October 1, 1995, or who has been previously convicted
167	of a crime committed on or after October 1, 1995, in violation
168	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
169	subject to conditional release supervision, shall have, in
170	addition to any other conditions imposed, the following special
171	conditions imposed by the commission:
172	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
173	commission may designate another 8-hour period if the offender's
174	employment precludes the above specified time, and such
175	alternative is recommended by the Department of Corrections. If
176	the commission determines that imposing a curfew would endanger
177	the victim, the commission may consider alternative sanctions.
178	2.a.  If the victim was under the age of 18, a prohibition
179	on living within 1,000 feet of a school, day care center, park,
180	playground, designated public school bus stop, or other place
181	where children regularly congregate. A releasee who is subject
182	to this subparagraph may not relocate to a residence that is
183	within 1,000 feet of a public school bus stop.
184	b.  Beginning October 1, 2004, the commission or the
185	department may not approve a residence that is located within
186	1,000 feet of a school, day care center, park, playground,
187	designated school bus stop, or other place where children
188	regularly congregate for any releasee who is subject to this
189	subparagraph. On October 1, 2004, the department shall notify
190	each affected school district of the location of the residence
191	of a releasee 30 days prior to release and thereafter, if the
192	releasee relocates to a new residence, shall notify any affected
193	school district of the residence of the releasee within 30 days
194	after relocation. If, on October 1, 2004, any public school bus
195	stop is located within 1,000 feet of the existing residence of
196	such releasee, the district school board shall relocate that
197	school bus stop. Beginning October 1, 2004, a district school
198	board may not establish or relocate a public school bus stop
199	within 1,000 feet of the residence of a releasee who is subject
200	to this subparagraph. The failure of the district school board
201	to comply with this subparagraph shall not result in a violation
202	of conditional release supervision.
203	c.  If the victim was under the age of 18, beginning
204	October 1, 2008, neither the commission nor the department may
205	approve a residence located within 1,500 feet of a school, day
206	care center, park, playground, designated school bus stop, or
207	other place where children regularly congregate for any releasee
208	who is subject to this subparagraph. The distance in this sub-
209	subparagraph shall be measured in a straight line from the
210	offender's place of residence to the nearest boundary line of
211	the school, day care center, park, playground, designated school
212	bus stop, or other place where children regularly congregate.
213	The distance may not be measured by a pedestrian route or
214	automobile route.
215	3.  Active participation in and successful completion of a
216	sex offender treatment program with qualified practitioners
217	specifically trained to treat sex offenders, at the releasee's
218	own expense. If a qualified practitioner is not available within
219	a 50-mile radius of the releasee's residence, the offender shall
220	participate in other appropriate therapy.
221	4.  A prohibition on any contact with the victim, directly
222	or indirectly, including through a third person, unless approved
223	by the victim, the offender's therapist, and the sentencing
224	court.
225	5.  If the victim was under the age of 18, a prohibition
226	against contact with children under the age of 18 without review
227	and approval by the commission. The commission may approve
228	supervised contact with a child under the age of 18 if the
229	approval is based upon a recommendation for contact issued by a
230	qualified practitioner who is basing the recommendation on a
231	risk assessment. Further, the sex offender must be currently
232	enrolled in or have successfully completed a sex offender
233	therapy program. The commission may not grant supervised contact
234	with a child if the contact is not recommended by a qualified
235	practitioner and may deny supervised contact with a child at any
236	time. When considering whether to approve supervised contact
237	with a child, the commission must review and consider the
238	following:
239	a.  A risk assessment completed by a qualified
240	practitioner. The qualified practitioner must prepare a written
241	report that must include the findings of the assessment and
242	address each of the following components:
243	(I)  The sex offender's current legal status;
244	(II)  The sex offender's history of adult charges with
245	apparent sexual motivation;
246	(III)  The sex offender's history of adult charges without
247	apparent sexual motivation;
248	(IV)  The sex offender's history of juvenile charges,
249	whenever available;
250	(V)  The sex offender's offender treatment history,
251	including a consultation from the sex offender's treating, or
252	most recent treating, therapist;
253	(VI)  The sex offender's current mental status;
254	(VII)  The sex offender's mental health and substance abuse
255	history as provided by the Department of Corrections;
256	(VIII)  The sex offender's personal, social, educational,
257	and work history;
258	(IX)  The results of current psychological testing of the
259	sex offender if determined necessary by the qualified
260	practitioner;
261	(X)  A description of the proposed contact, including the
262	location, frequency, duration, and supervisory arrangement;
263	(XI)  The child's preference and relative comfort level
264	with the proposed contact, when age-appropriate;
265	(XII)  The parent's or legal guardian's preference
266	regarding the proposed contact; and
267	(XIII)  The qualified practitioner's opinion, along with
268	the basis for that opinion, as to whether the proposed contact
269	would likely pose significant risk of emotional or physical harm
270	to the child.
271
272	The written report of the assessment must be given to the
273	commission.
274	b.  A recommendation made as a part of the risk-assessment
275	report as to whether supervised contact with the child should be
276	approved;
277	c.  A written consent signed by the child's parent or legal
278	guardian, if the parent or legal guardian is not the sex
279	offender, agreeing to the sex offender having supervised contact
280	with the child after receiving full disclosure of the sex
281	offender's present legal status, past criminal history, and the
282	results of the risk assessment. The commission may not approve
283	contact with the child if the parent or legal guardian refuses
284	to give written consent for supervised contact;
285	d.  A safety plan prepared by the qualified practitioner,
286	who provides treatment to the offender, in collaboration with
287	the sex offender, the child's parent or legal guardian, and the
288	child, when age appropriate, which details the acceptable
289	conditions of contact between the sex offender and the child.
290	The safety plan must be reviewed and approved by the Department
291	of Corrections before being submitted to the commission; and
292	e.  Evidence that the child's parent or legal guardian, if
293	the parent or legal guardian is not the sex offender,
294	understands the need for and agrees to the safety plan and has
295	agreed to provide, or to designate another adult to provide,
296	constant supervision any time the child is in contact with the
297	offender.
298
299	The commission may not appoint a person to conduct a risk
300	assessment and may not accept a risk assessment from a person
301	who has not demonstrated to the commission that he or she has
302	met the requirements of a qualified practitioner as defined in
303	this section.
304	6.  If the victim was under age 18, a prohibition on
305	working for pay or as a volunteer at any school, day care
306	center, park, playground, or other place where children
307	regularly congregate, as prescribed by the commission.
308	7.  Unless otherwise indicated in the treatment plan
309	provided by the sexual offender treatment program, a prohibition
310	on viewing, owning, or possessing any obscene, pornographic, or
311	sexually stimulating visual or auditory material, including
312	telephone, electronic media, computer programs, or computer
313	services that are relevant to the offender's deviant behavior
314	pattern.
315	8.  Effective for a releasee whose crime is committed on or
316	after July 1, 2005, a prohibition on accessing the Internet or
317	other computer services until the offender's sex offender
318	treatment program, after a risk assessment is completed,
319	approves and implements a safety plan for the offender's
320	accessing or using the Internet or other computer services.
321	9.  A requirement that the releasee must submit two
322	specimens of blood to the Florida Department of Law Enforcement
323	to be registered with the DNA database.
324	10.  A requirement that the releasee make restitution to
325	the victim, as determined by the sentencing court or the
326	commission, for all necessary medical and related professional
327	services relating to physical, psychiatric, and psychological
328	care.
329	11.  Submission to a warrantless search by the community
330	control or probation officer of the probationer's or community
331	controllee's person, residence, or vehicle.
332	(11)(a)  The commission must, in addition to all other
333	provisions of this section, impose the special conditions in
334	paragraph (b) on the following releasees whose crime was
335	committed on or after October 1, 2008:
336	1.  A releasee who violated s. 800.04(4), (5), or (6), s.
337	827.071, or s. 847.0145 in this state or a similar offense in
338	another jurisdiction when, at the time of the offense, the
339	victim was under 16 years of age and the releasee was 18 years
340	of age or older.
341	2.  A releasee who is designated as a sexual predator under
342	s. 775.21 or who has received a similar designation or
343	determination in another jurisdiction.
344	3.  A releasee subject to registration as a sexual predator
345	under s. 775.21 or as a sexual offender under s. 943.0435 who
346	has committed an offense that would meet the criteria for the
347	designation or registration when at the time of the offense the
348	victim was under 16 years of age and the releasee was 18 years
349	of age or older, who commits a violation of s. 775.21 or s.
350	943.0435 on or after October 1, 2008, and who is not otherwise
351	subject to this paragraph.
352	(b)  The commission must order a prohibition on
353	distributing candy or other items to children on Halloween,
354	wearing a Santa Claus costume on or preceding Christmas, wearing
355	an Easter Bunny costume on or preceding Easter, entertaining at
356	children's parties, or wearing a clown costume without prior
357	approval from the commission.
358	Section 6.  Paragraph (b) of subsection (1) and subsection
359	(3) of section 948.30, Florida Statutes, are amended, and
360	subsection (4) is added to that section, to read:
361	948.30  Additional terms and conditions of probation or
362	community control for certain sex offenses.--Conditions imposed
363	pursuant to this section do not require oral pronouncement at
364	the time of sentencing and shall be considered standard
365	conditions of probation or community control for offenders
366	specified in this section.
367	(1)  Effective for probationers or community controllees
368	whose crime was committed on or after October 1, 1995, and who
369	are placed under supervision for violation of chapter 794, s.
370	800.04, s. 827.071, or s. 847.0145, the court must impose the
371	following conditions in addition to all other standard and
372	special conditions imposed:
373	(b)1.  Except as provided in subparagraph 2., if the victim
374	was under the age of 18, a prohibition on living within 1,000
375	feet of a school, day care center, park, playground, or other
376	place where children regularly congregate, as prescribed by the
377	court. The 1,000-foot distance shall be measured in a straight
378	line from the offender's place of residence to the nearest
379	boundary line of the school, day care center, park, playground,
380	or other place where children regularly congregate. The distance
381	may not be measured by a pedestrian route or automobile route.
382	2.  For a probationer or community controllee whose crime
383	was committed on or after October 1, 2008, if the victim was
384	under the age of 18, a prohibition on living within 1,500 feet
385	of a school, day care center, park, playground, or other place
386	where children regularly congregate, as prescribed by the court.
387	This distance shall be measured in a straight line from the
388	offender's place of residence to the nearest boundary line of
389	the school, day care center, park, playground, or other place
390	where children regularly congregate. The distance may not be
391	measured by a pedestrian route or automobile route.
392	(3)  Effective for a probationer or community controllee
393	whose crime was committed on or after September 1, 2005, and
394	who:
395	(a)  Is placed on probation or community control for a
396	violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
397	or s. 847.0145 and the unlawful sexual activity involved a
398	victim under 16 15 years of age or younger and the offender is
399	18 years of age or older;
400	(b)  Is designated a sexual predator pursuant to s. 775.21;
401	or
402	(c)  Has previously been convicted of a violation of
403	chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
404	847.0145 and the unlawful sexual activity involved a victim
405	under 16 15 years of age or younger and the offender is 18 years
406	of age or older,
407
408	the court must order, in addition to any other provision of this
409	section, mandatory electronic monitoring as a condition of the
410	probation or community control supervision.
411	(4)(a)  The court must, in addition to all other provisions
412	of this section, impose the special conditions in paragraph (b)
413	on the following probationers or community controllees whose
414	crime was committed on or after October 1, 2008:
415	1.  A probationer or community controllee who violated s.
416	800.04(4), (5), or (6), s. 827.071, or s. 847.0145 in this state
417	or committed a similar offense in another jurisdiction when, at
418	the time of the offense, the victim was under 16 years of age
419	and the probationer or community controllee was 18 years of age
420	or older.
421	2.  A probationer or community controllee who is designated
422	as a sexual predator under s. 775.21 or who has received a
423	similar designation or determination in another jurisdiction.
424	3.  A probationer or community controllee subject to
425	registration as a sexual predator under s. 775.21 or as a sexual
426	offender pursuant to s. 943.0435 who has committed an offense
427	that would meet the criteria for the designation or registration
428	when at the time of the offense the victim was under 16 years of
429	age and the probationer or community controllee was 18 years of
430	age or older, who commits a violation of s. 775.21 or s.
431	943.0435 on or after October 1, 2008, and who is not otherwise
432	subject to this paragraph.
433	(b)  The court must order a prohibition on distributing
434	candy or other items to children on Halloween, wearing a Santa
435	Claus costume on or preceding Christmas, wearing an Easter Bunny
436	costume on or preceding Easter, entertaining at children's
437	parties, or wearing a clown costume without prior approval from
438	the court.
439	Section 7.  This act shall take effect October 1, 2008.

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