HB 1351

1
A bill to be entitled
2An act relating to public safety; amending s. 775.21,
3F.S.; revising provisions relating to reimbursement of
4specified costs by sexual predators; revising provisions
5relating to the residence of sexual predators; providing
6criminal penalties; prohibiting sexual predators from
7working within a specified distance of certain facilities;
8providing criminal penalties; creating s. 775.215, F.S.;
9specifying residency distance limitations for persons
10convicted of certain sexual offenses; preempting certain
11local ordinances and providing for repeal of such
12ordinances; amending s. 775.24, F.S.; revising provisions
13relating to the duty of the court to uphold certain laws;
14amending s. 794.065, F.S.; providing additional residency
15restrictions on certain offenders; providing penalties;
16creating s. 794.0701, F.S.; providing for enhanced
17penalties for loitering or prowling by persons convicted
18of certain sex offenses; amending s. 947.1405, F.S.;
19providing additional conditional release restrictions for
20certain offenders; amending s. 947.141, F.S.; revising
21provisions relating to hearings alleging a violation of
22conditional release by specified releasees for failure to
23comply with specified residency distance limitations;
24amending s. 948.06, F.S.; revising provisions relating to
25probation or community control for sexual predators and
26sexual offenders; amending s. 948.063, F.S.; providing
27that failure of a sexual predator or sexual offender to
28obtain a residence in compliance with certain requirements
29is not a defense in certain proceedings; amending s.
30948.30, F.S.; revising provisions relating to terms and
31conditions of probation or community control for certain
32sex offenses; providing additional restrictions for
33certain probationers or community controllees who
34committed sexual offenses with minors under the age of 16;
35providing an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Paragraph (b) of subsection (3), paragraph (a)
40of subsection (7), and paragraph (b) of subsection (10) of
41section 775.21, Florida Statutes, are amended to read:
42     775.21  The Florida Sexual Predators Act.--
43     (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
44INTENT.--
45     (b)  The high level of threat that a sexual predator
46presents to the public safety, and the long-term effects
47suffered by victims of sex offenses, provide the state with
48sufficient justification to implement a strategy that includes:
49     1.  Incarcerating sexual predators and maintaining adequate
50facilities to ensure that decisions to release sexual predators
51into the community are not made on the basis of inadequate
52space.
53     2.  Providing for specialized supervision of sexual
54predators who are in the community by specially trained
55probation officers with low caseloads, as described in ss.
56947.1405(7) and 948.30. The sexual predator is subject to
57specified terms and conditions implemented at sentencing or at
58the time of release from incarceration, with a requirement that
59only those sexual predators found to be indigent may defer
60payment pursuant to s. 28.246 of all or part of the costs in
61accordance with the provisions of that section who are
62financially able must pay all or part of the costs of
63supervision.
64     3.  Requiring the registration of sexual predators, with a
65requirement that complete and accurate information be maintained
66and accessible for use by law enforcement authorities,
67communities, and the public.
68     4.  Providing for community and public notification
69concerning the presence of sexual predators.
70     5.  Prohibiting sexual predators from working with
71children, either for compensation or as a volunteer.
72     (7)  COMMUNITY AND PUBLIC NOTIFICATION.--
73     (a)  Law enforcement agencies must inform members of the
74community and the public of a sexual predator's presence. Upon
75notification of the presence of a sexual predator, the sheriff
76of the county or the chief of police of the municipality where
77the sexual predator establishes or maintains a permanent or
78temporary residence shall notify members of the community and
79the public of the presence of the sexual predator in a manner
80deemed appropriate by the sheriff or the chief of police. Within
8148 hours after receiving notification of the presence of a
82sexual predator, the sheriff of the county or the chief of
83police of the municipality where the sexual predator temporarily
84or permanently resides shall notify each licensed day care
85center, elementary school, middle school, and high school, and
86library within a 1-mile radius of the temporary or permanent
87residence of the sexual predator of the presence of the sexual
88predator. Information provided to members of the community and
89the public regarding a sexual predator must include:
90     1.  The name of the sexual predator;
91     2.  A description of the sexual predator, including a
92photograph;
93     3.  The sexual predator's current address, including the
94name of the county or municipality if known;
95     4.  The circumstances of the sexual predator's offense or
96offenses; and
97     5.  Whether the victim of the sexual predator's offense or
98offenses was, at the time of the offense, a minor or an adult.
99
100This paragraph does not authorize the release of the name of any
101victim of the sexual predator.
102     (10)  PENALTIES.--
103     (b)  A sexual predator who has been convicted of or found
104to have committed, or has pled nolo contendere or guilty to,
105regardless of adjudication, any violation, or attempted
106violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
107the victim is a minor and the defendant is not the victim's
108parent or guardian; s. 794.011(2), (3), (4), (5), or (8),
109excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
110800.04; s. 827.071; s. 847.0133; s. 847.0145; or s. 985.701(1);
111or a violation of a similar law of another jurisdiction when the
112victim of the offense was a minor, and who works, whether for
113compensation or as a volunteer, at any business, school, day
114care center, park, playground, library, or other place where
115children regularly congregate, commits a felony of the third
116degree, punishable as provided in s. 775.082, s. 775.083, or s.
117775.084.
118     Section 2.  Section 775.215, Florida Statutes, is created
119to read:
120     775.215  Residency distance limitations for persons
121convicted of certain sexual offenses; local ordinances preempted
122and repealed.--The adoption of residency distance limitations
123for persons convicted of sexual offenses, including, but not
124limited to, violations of s. 787.01, s. 787.02, s. 794.011, s.
125800.04, s. 827.071, or s. 847.0145, regardless of whether
126adjudication has been withheld, is expressly preempted to the
127state. The provisions of ss. 794.065, 947.1405, and 948.30
128establishing such exclusions supersede the distance limitations
129included in any such municipal or county ordinances. Any such
130residency distance limitations adopted by a county or
131municipality prior to October 1, 2008, are hereby repealed and
132abolished as of October 1, 2008.
133     Section 3.  Subsection (2) of section 775.24, Florida
134Statutes, is amended to read:
135     775.24  Duty of the court to uphold laws governing sexual
136predators and sexual offenders.--
137     (2)  If a person meets the criteria in this chapter for
138designation as a sexual predator or meets the criteria in s.
139943.0435, s. 944.606, s. 944.607, or any other law for
140classification as a sexual offender, the court may not enter an
141order, for the purpose of approving a plea agreement or for any
142other reason, which:
143     (a)  Exempts a person who meets the criteria for
144designation as a sexual predator or classification as a sexual
145offender from such designation or classification;, or exempts
146such person from the requirements for registration or community
147and public notification imposed upon sexual predators and sexual
148offenders; exempts such person from the residency exclusions
149contained in ss. 794.065, 947.1405, and 948.30; or exempts such
150person from the provisions of s. 794.0701;
151     (b)  Restricts the compiling, reporting, or release of
152public records information that relates to sexual predators or
153sexual offenders; or
154     (c)  Prevents any person or entity from performing its
155duties or operating within its statutorily conferred authority
156as such duty or authority relates to sexual predators or sexual
157offenders.
158     Section 4.  Section 794.065, Florida Statutes, is amended
159to read:
160     794.065  Unlawful place of residence for persons convicted
161of certain sex offenses.--
162     (1)(a)1.  It is unlawful for any person who has been
163convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
164or s. 847.0145, regardless of whether adjudication has been
165withheld, in which the victim of the offense was less than 16
166years of age, to reside within 1,000 feet of any school, day
167care center, park, or playground.
168     2.  A person who violates this subsection section and whose
169conviction for an offense listed in subparagraph 1. under s.
170794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified
171as:
172     a.  A felony of the first degree or higher, commits a
173felony of the third degree, punishable as provided in s. 775.082
174or s. 775.083. A person who violates this section and whose
175conviction under s. 794.011, s. 800.04, s. 827.071, or s.
176847.0145 was classified as
177     b.  A felony of the second or third degree, commits a
178misdemeanor of the first degree, punishable as provided in s.
179775.082 or s. 775.083.
180     (b)(2)  This subsection section applies to any person
181convicted of an offense listed in subparagraph (a)1. if the
182offense occurred a violation of s. 794.011, s. 800.04, s.
183827.071, or s. 847.0145 for offenses that occur on or after
184October 1, 2004.
185     (2)(a)1.  It is unlawful for any person who has been
186convicted of a violation of s. 787.01, s. 787.02, s. 794.011, s.
187800.04, s. 827.071, or s. 847.0145, committed on or after
188October 1, 2008, regardless of whether adjudication has been
189withheld, in which the victim of the offense was less than 16
190years of age, to reside within 1,500 feet of any school, day
191care center, park, or playground.
192     2.  A person violating this subsection whose conviction of
193an offense listed in subparagraph 1. was classified as:
194     a.  A felony of the first degree or higher, commits a
195felony of the third degree, punishable as provided in s. 775.082
196or s. 775.083.
197     b.  A felony of the second or third degree, commits a
198misdemeanor of the first degree, punishable as provided in s.
199775.082 or s. 775.083.
200     (b)  The distances in this subsection shall be measured in
201a straight line from the offender's place of residence to the
202nearest boundary line of the school, day care center, park, or
203playground.
204     Section 5.  Section 794.0701, Florida Statutes, is created
205to read:
206     794.0701  Loitering or prowling by persons convicted of
207certain sex offenses.--Any person who:
208     (1)  Has been convicted of a violation of s. 787.01, s.
209787.02, s. 794.011, s. 800.04, s. 827.071, or s. 847.0145,
210regardless of whether adjudication has been withheld, in which
211the victim of the offense was less than 16 years of age; and
212     (2)  Loiters or prowls as proscribed in s. 856.021 within
213600 feet of a place where children regularly congregate,
214including, but not limited to, a school, designated public
215school bus stop, day care center, playground, park, or library
216
217commits a misdemeanor of the first degree, punishable as
218provided in s. 775.082 or s. 775.083.
219     Section 6.  Subsections (2) and (6) and paragraph (a) of
220subsection (7) of section 947.1405, Florida Statutes, are
221amended, and subsection (11) is added to that section, to read:
222     947.1405  Conditional release program.--
223     (2)(a)  Any inmate who:
224     1.(a)  Is convicted of a crime committed on or after
225October 1, 1988, and before January 1, 1994;, and any inmate who
226is convicted of a crime committed on or after January 1, 1994,
227which crime is or was contained in category 1, category 2,
228category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
229Rules of Criminal Procedure (1993), and who has served at least
230one prior felony commitment at a state or federal correctional
231institution; or is convicted of any of the following offenses
232committed on or after October 1, 2008:
233     a.  Kidnapping, under s. 787.01(3);
234     b.  False imprisonment, under s. 787.02(3);
235     c.  Sexual performance by a child, under s. 827.071; or
236     d.  Selling or buying of minors, under s. 847.0145;
237     2.(b)  Is sentenced as a habitual or violent habitual
238offender or a violent career criminal pursuant to s. 775.084; or
239     3.(c)  Is found to be a sexual predator under s. 775.21 or
240former s. 775.23,
241
242shall, upon reaching the tentative release date or provisional
243release date, whichever is earlier, as established by the
244Department of Corrections, be released under supervision subject
245to specified terms and conditions, including payment of the cost
246of supervision pursuant to s. 948.09. Such supervision shall be
247applicable to all sentences within the overall term of sentences
248if an inmate's overall term of sentences includes one or more
249sentences that are eligible for conditional release supervision
250as provided herein.
251     (b)  Effective July 1, 1994, and applicable for offenses
252committed on or after that date, the commission may require, as
253a condition of conditional release, that the releasee make
254payment of the debt due and owing to a county or municipal
255detention facility under s. 951.032 for medical care, treatment,
256hospitalization, or transportation received by the releasee
257while in that detention facility. The commission, in determining
258whether to order such repayment and the amount of such
259repayment, shall consider the amount of the debt, whether there
260was any fault of the institution for the medical expenses
261incurred, the financial resources of the releasee, the present
262and potential future financial needs and earning ability of the
263releasee, and dependents, and other appropriate factors.
264     (c)  If any inmate, other than an inmate required to
265register as a sexual predator under s. 775.21 or as a sexual
266offender under s. 943.0435, placed on conditional release
267supervision is also subject to probation or community control,
268resulting from a probationary or community control split
269sentence within the overall term of sentences, the Department of
270Corrections shall supervise such person according to the
271conditions imposed by the court and the commission shall defer
272to such supervision. If the court revokes probation or community
273control and resentences the offender to a term of incarceration,
274such revocation also constitutes a sufficient basis for the
275revocation of the conditional release supervision on any
276nonprobationary or noncommunity control sentence without further
277hearing by the commission. If any such supervision on any
278nonprobationary or noncommunity control sentence is revoked,
279such revocation may result in a forfeiture of all gain-time, and
280the commission may revoke the resulting deferred conditional
281release supervision or take other action it considers
282appropriate. If the term of conditional release supervision
283exceeds that of the probation or community control, then, upon
284expiration of the probation or community control, authority for
285the supervision shall revert to the commission and the
286supervision shall be subject to the conditions imposed by the
287commission.
288     (d)  If any inmate required to register as a sexual
289predator under s. 775.21 or as a sexual offender under s.
290943.0435 is placed on conditional release supervision and is
291also subject to probation or community supervision, the period
292of court-ordered community supervision shall not be substituted
293for conditional release supervision and shall follow the term of
294conditional release supervision.
295     (e)  A panel of no fewer than two commissioners shall
296establish the terms and conditions of any such release. If the
297offense was a controlled substance violation, the conditions
298shall include a requirement that the offender submit to random
299substance abuse testing intermittently throughout the term of
300conditional release supervision, upon the direction of the
301correctional probation officer as defined in s. 943.10(3). The
302commission shall also determine whether the terms and conditions
303of such release have been violated and whether such violation
304warrants revocation of the conditional release.
305     (6)  The commission shall review the recommendations of the
306department, and such other information as it deems relevant, and
307may conduct a review of the inmate's record for the purpose of
308establishing the terms and conditions of the conditional
309release. The commission may impose any special conditions it
310considers warranted from its review of the release plan and
311recommendation. If the commission determines that the inmate is
312eligible for release under this section, the commission shall
313enter an order establishing the length of supervision and the
314conditions attendant thereto. However, an inmate who has been
315convicted of a violation of chapter 794 or found by the court to
316be a sexual predator is subject to the maximum level of
317supervision provided, with the mandatory conditions as required
318in subsection (7), and that supervision shall continue through
319the end of the releasee's original court-imposed sentence. The
320length of supervision must not exceed the maximum penalty
321imposed by the court. The commission may modify the conditions
322of supervision at any time.
323     (7)(a)  Any inmate who is convicted of a crime committed on
324or after October 1, 1995, or who has been previously convicted
325of a crime committed on or after October 1, 1995, in violation
326of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
327subject to conditional release supervision, shall have, in
328addition to any other conditions imposed, the following special
329conditions imposed by the commission:
330     1.  A mandatory curfew from 10 p.m. to 6 a.m. The
331commission may designate another 8-hour period if the offender's
332employment precludes the above specified time, and such
333alternative is recommended by the Department of Corrections. If
334the commission determines that imposing a curfew would endanger
335the victim, the commission may consider alternative sanctions.
336     2.a.  If the victim was under the age of 18, a prohibition
337on living within 1,000 feet of a school, day care center, park,
338playground, designated public school bus stop, or other place
339where children regularly congregate. A releasee who is subject
340to this subparagraph may not relocate to a residence that is
341within 1,000 feet of a public school bus stop.
342     b.  Beginning October 1, 2004, the commission or the
343department may not approve a residence that is located within
3441,000 feet of a school, day care center, park, playground,
345designated school bus stop, or other place where children
346regularly congregate for any releasee who is subject to this
347subparagraph. On October 1, 2004, the department shall notify
348each affected school district of the location of the residence
349of a releasee 30 days prior to release and thereafter, if the
350releasee relocates to a new residence, shall notify any affected
351school district of the residence of the releasee within 30 days
352after relocation. If, on October 1, 2004, any public school bus
353stop is located within 1,000 feet of the existing residence of
354such releasee, the district school board shall relocate that
355school bus stop. Beginning October 1, 2004, a district school
356board may not establish or relocate a public school bus stop
357within 1,000 feet of the residence of a releasee who is subject
358to this subparagraph. The failure of the district school board
359to comply with this subparagraph shall not result in a violation
360of conditional release supervision.
361     c.  Beginning October 1, 2008, neither the commission nor
362the department may approve a residence located within 1,500 feet
363of a school, day care center, park, playground, designated
364school bus stop, or other place where children regularly
365congregate for any releasee who is subject to this subparagraph.
366The distance in this sub-subparagraph shall be measured in a
367straight line from the offender's place of residence to the
368nearest boundary line of the school, day care center, park,
369playground, or other place where children regularly congregate.
370The distance may not be measured by a pedestrian route or
371automobile route.
372     3.  Active participation in and successful completion of a
373sex offender treatment program with qualified practitioners
374specifically trained to treat sex offenders, at the releasee's
375own expense. If a qualified practitioner is not available within
376a 50-mile radius of the releasee's residence, the offender shall
377participate in other appropriate therapy.
378     4.  A prohibition on any contact with the victim, directly
379or indirectly, including through a third person, unless approved
380by the victim, the offender's therapist, and the sentencing
381court.
382     5.  If the victim was under the age of 18, a prohibition
383against contact with children under the age of 18 without review
384and approval by the commission. The commission may approve
385supervised contact with a child under the age of 18 if the
386approval is based upon a recommendation for contact issued by a
387qualified practitioner who is basing the recommendation on a
388risk assessment. Further, the sex offender must be currently
389enrolled in or have successfully completed a sex offender
390therapy program. The commission may not grant supervised contact
391with a child if the contact is not recommended by a qualified
392practitioner and may deny supervised contact with a child at any
393time. When considering whether to approve supervised contact
394with a child, the commission must review and consider the
395following:
396     a.  A risk assessment completed by a qualified
397practitioner. The qualified practitioner must prepare a written
398report that must include the findings of the assessment and
399address each of the following components:
400     (I)  The sex offender's current legal status;
401     (II)  The sex offender's history of adult charges with
402apparent sexual motivation;
403     (III)  The sex offender's history of adult charges without
404apparent sexual motivation;
405     (IV)  The sex offender's history of juvenile charges,
406whenever available;
407     (V)  The sex offender's offender treatment history,
408including a consultation from the sex offender's treating, or
409most recent treating, therapist;
410     (VI)  The sex offender's current mental status;
411     (VII)  The sex offender's mental health and substance abuse
412history as provided by the Department of Corrections;
413     (VIII)  The sex offender's personal, social, educational,
414and work history;
415     (IX)  The results of current psychological testing of the
416sex offender if determined necessary by the qualified
417practitioner;
418     (X)  A description of the proposed contact, including the
419location, frequency, duration, and supervisory arrangement;
420     (XI)  The child's preference and relative comfort level
421with the proposed contact, when age-appropriate;
422     (XII)  The parent's or legal guardian's preference
423regarding the proposed contact; and
424     (XIII)  The qualified practitioner's opinion, along with
425the basis for that opinion, as to whether the proposed contact
426would likely pose significant risk of emotional or physical harm
427to the child.
428
429The written report of the assessment must be given to the
430commission.
431     b.  A recommendation made as a part of the risk-assessment
432report as to whether supervised contact with the child should be
433approved;
434     c.  A written consent signed by the child's parent or legal
435guardian, if the parent or legal guardian is not the sex
436offender, agreeing to the sex offender having supervised contact
437with the child after receiving full disclosure of the sex
438offender's present legal status, past criminal history, and the
439results of the risk assessment. The commission may not approve
440contact with the child if the parent or legal guardian refuses
441to give written consent for supervised contact;
442     d.  A safety plan prepared by the qualified practitioner,
443who provides treatment to the offender, in collaboration with
444the sex offender, the child's parent or legal guardian, and the
445child, when age appropriate, which details the acceptable
446conditions of contact between the sex offender and the child.
447The safety plan must be reviewed and approved by the Department
448of Corrections before being submitted to the commission; and
449     e.  Evidence that the child's parent or legal guardian, if
450the parent or legal guardian is not the sex offender,
451understands the need for and agrees to the safety plan and has
452agreed to provide, or to designate another adult to provide,
453constant supervision any time the child is in contact with the
454offender.
455
456The commission may not appoint a person to conduct a risk
457assessment and may not accept a risk assessment from a person
458who has not demonstrated to the commission that he or she has
459met the requirements of a qualified practitioner as defined in
460this section.
461     6.  If the victim was under age 18, a prohibition on
462working for pay or as a volunteer at any business, school, day
463care center, park, playground, library, or other place where
464children regularly congregate, as prescribed by the commission.
465     7.  Unless otherwise indicated in the treatment plan
466provided by the sexual offender treatment program, a prohibition
467on viewing, owning, or possessing any obscene, pornographic, or
468sexually stimulating visual or auditory material, including
469telephone, electronic media, computer programs, or computer
470services that are relevant to the offender's deviant behavior
471pattern.
472     8.  Effective for a releasee whose crime is committed on or
473after July 1, 2005, a prohibition on accessing the Internet or
474other computer services until the offender's sex offender
475treatment program, after a risk assessment is completed,
476approves and implements a safety plan for the offender's
477accessing or using the Internet or other computer services.
478     9.  A requirement that the releasee must submit two
479specimens of blood to the Florida Department of Law Enforcement
480to be registered with the DNA database.
481     10.  A requirement that the releasee make restitution to
482the victim, as determined by the sentencing court or the
483commission, for all necessary medical and related professional
484services relating to physical, psychiatric, and psychological
485care.
486     11.  Submission to a warrantless search by the community
487control or probation officer of the probationer's or community
488controllee's person, residence, or vehicle.
489     (11)  Effective for a releasee whose crime was a violation
490of s. 787.01(3) or s. 787.02(3) committed on or after October 1,
4912008, and whose crime involved a victim less than 16 years of
492age and an offender 18 years of age or older, in addition to any
493other provision of this section, the commission must order
494electronic monitoring for the duration of the releasee's
495supervision.
496     Section 7.  Subsection (8) is added to section 947.141,
497Florida Statutes, to read:
498     947.141  Violations of conditional release, control
499release, or conditional medical release or addiction-recovery
500supervision.--
501     (8)  Because of the compelling state interest in protecting
502the public from sexual offenders or sexual predators granted the
503privilege of conditional release, in any hearing alleging a
504violation of conditional release by a releasee for failure to
505comply with the residency distance limitations in s. 947.1405,
506the inability of the releasee to locate a residence in
507compliance with s. 947.1405 shall not be a defense to the
508finding of a violation under this section.
509     Section 8.  Subsection (4) of section 948.06, Florida
510Statutes, is amended to read:
511     948.06  Violation of probation or community control;
512revocation; modification; continuance; failure to pay
513restitution or cost of supervision.--
514     (4)  Notwithstanding any other provision of this section, a
515felony probationer or an offender in community control who is
516arrested for violating his or her probation or community control
517in a material respect may be taken before the court in the
518county or circuit in which the probationer or offender was
519arrested. That court shall advise him or her of such the charge
520of a violation and, if such charge is admitted, shall cause him
521or her to be brought before the court that granted the probation
522or community control. If such the violation is not admitted by
523the probationer or offender, the court may commit him or her or
524release him or her with or without bail to await further
525hearing. However, if the probationer or offender is under
526supervision for any criminal offense proscribed in chapter 794,
527s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
528registered sexual predator or a registered sexual offender, or
529is under supervision for a criminal offense for which he or she
530would meet the registration criteria in s. 775.21, s. 943.0435,
531or s. 944.607 but for the effective date of those sections, the
532court must make a finding that the probationer or offender poses
533no is not a danger to the public prior to release with or
534without bail. In determining that the offender poses no danger
535to the public the danger posed by the offender's or
536probationer's release, the court may consider the nature and
537circumstances of the violation and any new offenses charged; the
538offender's or probationer's past and present conduct, including
539convictions of crimes; any record of arrests without conviction
540for crimes involving violence or sexual crimes; any other
541evidence of allegations of unlawful sexual conduct or the use of
542violence by the offender or probationer; the offender's or
543probationer's family ties, length of residence in the community,
544employment history, and mental condition; his or her history and
545conduct during the probation or community control supervision
546from which the violation arises and any other previous
547supervisions, including disciplinary records of previous
548incarcerations; the likelihood that the offender or probationer
549will engage again in a criminal course of conduct; the weight of
550the evidence against the offender or probationer; whether or not
551the probationer is currently subject to electronic monitoring;
552and any other facts the court considers relevant. The court, as
553soon as is practicable, shall give the probationer or offender
554an opportunity to be fully heard on his or her behalf in person
555or by counsel. After such the hearing, the court shall make
556findings of fact and forward the findings to the court that
557granted the probation or community control and to the
558probationer or offender or his or her attorney. The findings of
559fact by the hearing court are binding on the court that granted
560the probation or community control. Upon the probationer or
561offender being brought before it, the court that granted the
562probation or community control may revoke, modify, or continue
563the probation or community control or may place the probationer
564into community control as provided in this section. However, the
565probationer or offender shall not be released and shall not be
566admitted to bail, but shall be brought before the court that
567granted the probation or community control if any violation of
568felony probation or community control other than a failure to
569pay costs or fines or make restitution payments is alleged to
570have been committed by:
571     (a)  A violent felony offender of special concern, as
572defined in this section;
573     (b)  A person who is on felony probation or community
574control for any offense committed on or after the effective date
575of this act and who is arrested for a qualifying offense as
576defined in this section; or
577     (c)  A person who is on felony probation or community
578control and has previously been found by a court to be a
579habitual violent felony offender as defined in s. 775.084(1)(b),
580a three-time violent felony offender as defined in s.
581775.084(1)(c), or a sexual predator under s. 775.21, and who is
582arrested for committing a qualifying offense as defined in this
583section on or after the effective date of this act.
584     Section 9.  Subsection (3) is added to section 948.063,
585Florida Statutes,  to read:
586     948.063  Violations of probation or community control by
587designated sexual offenders and sexual predators.--
588     (3)  Because of the compelling state interest in protecting
589the public from sexual predators or sexual offenders on
590probation, in any hearing alleging a violation of probation by a
591releasee for failure to comply with the distance limitations in
592s. 948.30, the inability of the probationer to locate a
593residence in compliance with s. 948.30 shall not be a defense to
594the finding of a violation under this section.
595     Section 10.  Paragraph (b) of subsection (1) and subsection
596(3) of section 948.30, Florida Statutes, are amended, and
597subsection (4) is added to that section, to read:
598     948.30  Additional terms and conditions of probation or
599community control for certain sex offenses.--Conditions imposed
600pursuant to this section do not require oral pronouncement at
601the time of sentencing and shall be considered standard
602conditions of probation or community control for offenders
603specified in this section.
604     (1)  Effective for probationers or community controllees
605whose crime was committed on or after October 1, 1995, and who
606are placed under supervision for violation of chapter 794, s.
607800.04, s. 827.071, or s. 847.0145, the court must impose the
608following conditions in addition to all other standard and
609special conditions imposed:
610     (b)1.  Except as provided in subparagraph 2., if the victim
611was under the age of 18, a prohibition on living within 1,000
612feet of a school, day care center, park, playground, or other
613place where children regularly congregate, as prescribed by the
614court. The 1,000-foot distance shall be measured in a straight
615line from the offender's place of residence to the nearest
616boundary line of the school, day care center, park, playground,
617or other place where children regularly congregate. The distance
618may not be measured by a pedestrian route or automobile route.
619     2.  For a probationer or community controllee whose crime
620was committed on or after October 1, 2008, if the victim was
621under the age of 18, a prohibition on living within 1,500 feet
622of a school, day care center, park, playground, or other place
623where children regularly congregate, as prescribed by the court.
624This distance shall be measured in a straight line from the
625offender's place of residence to the nearest boundary line of
626the school, day care center, park, playground, or other place
627where children regularly congregate. The distance may not be
628measured by a pedestrian route or automobile route.
629     (3)  Effective for a probationer or community controllee
630whose crime was committed on or after September 1, 2005, and
631who:
632     (a)  Is placed on probation or community control for a
633violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
634or s. 847.0145 and the unlawful sexual activity involved a
635victim under 16 15 years of age or younger and the offender is
63618 years of age or older;
637     (b)  Is designated a sexual predator pursuant to s. 775.21;
638or
639     (c)  Has previously been convicted of a violation of
640chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
641847.0145 and the unlawful sexual activity involved a victim
642under 16 15 years of age or younger and the offender is 18 years
643of age or older,
644
645the court must order, in addition to any other provision of this
646section, mandatory electronic monitoring as a condition of the
647probation or community control supervision.
648     (4)  Effective for a probationer or community controllee
649whose crime was committed on or after October 1, 2008, who has
650previously been convicted of a violation of s. 787.01(3) or s.
651787.02(3), and the unlawful sexual activity involved a victim
652under 16 years of age and an offender 18 years of age or older,
653the court must order, in addition to any other provision of this
654section, mandatory electronic monitoring as a condition of the
655probation or community control supervision.
656     Section 11.  This act shall take effect October 1, 2008.


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