Proposed Committee Substitute by the Committee on Criminal Justice

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A bill to be entitled

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An act relating to public safety; amending s. 775.21,

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F.S.; revising provisions relating to reimbursement of

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specified costs by sexual predators; revising provisions

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relating to the residence of sexual predators; providing

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criminal penalties; prohibiting sexual predators from

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working within a specified distance of certain facilities;

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providing criminal penalties; creating s. 775.215, F.S.;

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specifying residency distance limitations for persons

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convicted of certain sexual offenses; preempting certain

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local ordinances and providing for repeal of such

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ordinances; amending s. 775.24, F.S.; revising provisions

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relating to the duty of the court to uphold certain laws;

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amending s. 794.065, F.S.; providing additional residency

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restrictions on certain offenders; providing penalties;

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creating s. 794.0701, F.S.; providing for enhanced

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penalties for loitering or prowling by persons convicted

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of certain sex offenses; amending s. 947.1405, F.S.;

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providing additional conditional release restrictions for

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certain offenders; amending s. 947.141, F.S.; revising

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provisions relating to hearings alleging a violation of

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conditional release by specified releasees for failure to

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comply with specified residency distance limitations;

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amending s. 948.06, F.S.; revising provisions relating to

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probation or community control for sexual predators and

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sexual offenders; amending s. 948.063, F.S.; providing

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that failure of a sexual predator or sexual offender to

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obtain a residence in compliance with certain requirements

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is not a defense in certain proceedings; amending s.

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948.30, F.S.; revising provisions relating to terms and

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conditions of probation or community control for certain

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sex offenses; providing additional restrictions for

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certain probationers or community controllees who

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committed sexual offenses with minors under the age of 16;

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requiring the Department of Law Enforcement and other

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specified agencies to consider eliminating or modifying

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two dates on or after which a person must be classified as

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a sexual offender or a sexual predator; directing the

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department to determine the effect that the elimination or

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modification of these dates will have on the department

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and other agencies; directing the department to present a

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report of its findings to the President of the Senate and

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the Speaker of the House of Representatives by a specified

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date; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (b) of subsection (3), paragraph (a)

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of subsection (7), and paragraph (b) of subsection (10) of

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section 775.21, Florida Statutes, are amended to read:

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     775.21  The Florida Sexual Predators Act.--

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     (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT.--

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     (b)  The high level of threat that a sexual predator

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presents to the public safety, and the long-term effects suffered

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by victims of sex offenses, provide the state with sufficient

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justification to implement a strategy that includes:

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     1.  Incarcerating sexual predators and maintaining adequate

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facilities to ensure that decisions to release sexual predators

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into the community are not made on the basis of inadequate space.

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     2.  Providing for specialized supervision of sexual

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predators who are in the community by specially trained probation

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officers with low caseloads, as described in ss. 947.1405(7) and

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948.30. The sexual predator is subject to specified terms and

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conditions implemented at sentencing or at the time of release

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from incarceration, with a requirement that only those sexual

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predators found to be indigent may defer payment pursuant to s.

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28.246 of all or part of the costs in accordance with the

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provisions of that section who are financially able must pay all

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or part of the costs of supervision.

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     3.  Requiring the registration of sexual predators, with a

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requirement that complete and accurate information be maintained

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and accessible for use by law enforcement authorities,

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communities, and the public.

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     4.  Providing for community and public notification

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concerning the presence of sexual predators.

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     5.  Prohibiting sexual predators from working with children,

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either for compensation or as a volunteer.

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     (7)  COMMUNITY AND PUBLIC NOTIFICATION.--

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     (a)  Law enforcement agencies must inform members of the

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community and the public of a sexual predator's presence. Upon

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notification of the presence of a sexual predator, the sheriff of

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the county or the chief of police of the municipality where the

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sexual predator establishes or maintains a permanent or temporary

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residence shall notify members of the community and the public of

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the presence of the sexual predator in a manner deemed

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appropriate by the sheriff or the chief of police. Within 48

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hours after receiving notification of the presence of a sexual

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predator, the sheriff of the county or the chief of police of the

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municipality where the sexual predator temporarily or permanently

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resides shall notify each licensed day care center, elementary

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school, middle school, and high school, and library within a 1-

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mile radius of the temporary or permanent residence of the sexual

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predator of the presence of the sexual predator. Information

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provided to members of the community and the public regarding a

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sexual predator must include:

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     1.  The name of the sexual predator;

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     2.  A description of the sexual predator, including a

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photograph;

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     3.  The sexual predator's current address, including the

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name of the county or municipality if known;

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     4.  The circumstances of the sexual predator's offense or

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offenses; and

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     5.  Whether the victim of the sexual predator's offense or

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offenses was, at the time of the offense, a minor or an adult.

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This paragraph does not authorize the release of the name of any

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victim of the sexual predator.

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     (10)  PENALTIES.--

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     (b)  A sexual predator who has been convicted of or found to

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have committed, or has pled nolo contendere or guilty to,

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regardless of adjudication, any violation, or attempted

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violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where

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the victim is a minor and the defendant is not the victim's

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parent or guardian; s. 794.011(2), (3), (4), (5), or (8) s.

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794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.

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796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0145; or s.

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985.701(1); or a violation of a similar law of another

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jurisdiction when the victim of the offense was a minor, and who

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works, whether for compensation or as a volunteer, at any

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business, school, day care center, park, playground, library, or

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other place where children regularly congregate, commits a felony

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of the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084.

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     Section 2.  Section 775.215, Florida Statutes, is created to

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read:

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     775.215 Residency distance limitations for persons

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convicted of certain sexual offenses; local ordinances preempted

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and repealed.--The adoption of residency distance limitations for

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persons convicted of sexual offenses, including, but not limited

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to, violations of s. 787.01, s. 787.02, s. 794.011, s. 800.04, s.

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827.071, or s. 847.0145, regardless of whether adjudication has

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been withheld, is expressly preempted to the state. The

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provisions of ss. 794.065, 947.1405, and 948.30 establishing such

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exclusions supersede the distance limitations included in any

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such municipal or county ordinances. Any such residency distance

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limitations adopted by a county or municipality prior to October

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1, 2008, are repealed and abolished as of October 1, 2008.

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     Section 3.  Subsection (2) of section 775.24, Florida

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Statutes, is amended to read:

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     775.24  Duty of the court to uphold laws governing sexual

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predators and sexual offenders.--

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     (2)  If a person meets the criteria in this chapter for

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designation as a sexual predator or meets the criteria in s.

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943.0435, s. 944.606, s. 944.607, or any other law for

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classification as a sexual offender, the court may not enter an

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order, for the purpose of approving a plea agreement or for any

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other reason, which:

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     (a)  Exempts a person who meets the criteria for designation

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as a sexual predator or classification as a sexual offender from

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such designation or classification;, or exempts such person from

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the requirements for registration or community and public

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notification imposed upon sexual predators and sexual offenders;

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exempts such person from the residency exclusions contained in

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ss. 794.065, 947.1405, and 948.30; or exempts such person from

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the provisions of s. 794.0701;

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     (b)  Restricts the compiling, reporting, or release of

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public records information that relates to sexual predators or

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sexual offenders; or

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     (c)  Prevents any person or entity from performing its

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duties or operating within its statutorily conferred authority as

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such duty or authority relates to sexual predators or sexual

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offenders.

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     Section 4.  Section 794.065, Florida Statutes, is amended to

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read:

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     794.065  Unlawful place of residence for persons convicted

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of certain sex offenses.--

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     (1)(a)1. It is unlawful for any person who has been

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convicted of a violation of s. 794.011, s. 800.04, s. 827.071, or

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s. 847.0145, regardless of whether adjudication has been

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withheld, in which the victim of the offense was less than 16

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years of age, to reside within 1,000 feet of any school, day care

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center, park, or playground.

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     2. A person who violates this subsection section and whose

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conviction for an offense listed in subparagraph 1. under s.

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794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified as:

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     a. A felony of the first degree or higher, commits a felony

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of the third degree, punishable as provided in s. 775.082 or s.

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775.083. A person who violates this section and whose conviction

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under s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 was

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classified as

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     b. A felony of the second or third degree, commits a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     (b)(2) This subsection section applies to any person

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convicted of an offense listed in subparagraph (a)1. if the

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offense occurred a violation of s. 794.011, s. 800.04, s.

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827.071, or s. 847.0145 for offenses that occur on or after

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October 1, 2004.

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     (2)(a)1. It is unlawful for any person who has been

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convicted of a violation of s. 787.01, s. 787.02, s. 794.011, s.

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800.04, s. 827.071, or s. 847.0145, committed on or after October

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1, 2008, regardless of whether adjudication has been withheld, in

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which the victim of the offense was less than 16 years of age, to

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reside within 1,500 feet of any school, day care center, park, or

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playground.

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     2. A person violating this subsection whose conviction of

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an offense listed in subparagraph 1. was classified as:

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     a. A felony of the first degree or higher, commits a felony

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of the third degree, punishable as provided in s. 775.082 or s.

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775.083.

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     b. A felony of the second or third degree, commits a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     (b) The distances in this subsection shall be measured in a

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straight line from the offender's place of residence to the

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nearest boundary line of the school, day care center, park, or

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playground.

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     Section 5.  Section 794.0701, Florida Statutes, is created

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to read:

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     794.0701 Loitering or prowling by persons convicted of

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certain sex offenses.--Any person who:

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     (1) Has been convicted of a violation of s. 787.01, s.

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787.02, s. 794.011, s. 800.04, s. 827.071, or s. 847.0145,

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regardless of whether adjudication has been withheld, in which

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the victim of the offense was less than 16 years of age; and

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     (2) Loiters or prowls as proscribed in s. 856.021 within

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600 feet of a place where children regularly congregate,

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including, but not limited to, a school, designated public school

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bus stop, day care center, playground, park, or library

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commits a misdemeanor of the first degree, punishable as provided

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in s. 775.082 or s. 775.083.

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     Section 6.  Subsections (2) and (6) and paragraph (a) of

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subsection (7) of section 947.1405, Florida Statutes, are

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amended, and subsection (11) is added to that section, to read:

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     947.1405  Conditional release program.--

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     (2)(a) Any inmate who:

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     1.(a) Is convicted of a crime committed on or after October

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1, 1988, and before January 1, 1994;, and any inmate who is

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convicted of a crime committed on or after January 1, 1994, which

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crime is or was contained in category 1, category 2, category 3,

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or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of

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Criminal Procedure (1993), and who has served at least one prior

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felony commitment at a state or federal correctional institution;

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or is convicted of any of the following offenses committed on or

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after October 1, 2008:

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     a. Kidnapping, under s. 787.01(3);

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     b. False imprisonment, under s. 787.02(3);

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     c. Sexual performance by a child, under s. 827.071; or

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     d. Selling or buying of minors, under s. 847.0145;

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     2.(b) Is sentenced as a habitual or violent habitual

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offender or a violent career criminal pursuant to s. 775.084; or

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     3.(c) Is found to be a sexual predator under s. 775.21 or

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former s. 775.23,

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shall, upon reaching the tentative release date or provisional

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release date, whichever is earlier, as established by the

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Department of Corrections, be released under supervision subject

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to specified terms and conditions, including payment of the cost

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of supervision pursuant to s. 948.09. Such supervision shall be

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applicable to all sentences within the overall term of sentences

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if an inmate's overall term of sentences includes one or more

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sentences that are eligible for conditional release supervision

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as provided herein.

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     (b) Effective July 1, 1994, and applicable for offenses

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committed on or after that date, the commission may require, as a

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condition of conditional release, that the releasee make payment

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of the debt due and owing to a county or municipal detention

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facility under s. 951.032 for medical care, treatment,

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hospitalization, or transportation received by the releasee while

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in that detention facility. The commission, in determining

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whether to order such repayment and the amount of such repayment,

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shall consider the amount of the debt, whether there was any

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fault of the institution for the medical expenses incurred, the

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financial resources of the releasee, the present and potential

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future financial needs and earning ability of the releasee, and

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dependents, and other appropriate factors.

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     (c) If any inmate, other than an inmate required to

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register as a sexual predator under s. 775.21 or as a sexual

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offender under s. 943.0435, placed on conditional release

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supervision is also subject to probation or community control,

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resulting from a probationary or community control split sentence

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within the overall term of sentences, the Department of

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Corrections shall supervise such person according to the

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conditions imposed by the court and the commission shall defer to

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such supervision. If the court revokes probation or community

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control and resentences the offender to a term of incarceration,

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such revocation also constitutes a sufficient basis for the

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revocation of the conditional release supervision on any

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nonprobationary or noncommunity control sentence without further

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hearing by the commission. If any such supervision on any

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nonprobationary or noncommunity control sentence is revoked, such

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revocation may result in a forfeiture of all gain-time, and the

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commission may revoke the resulting deferred conditional release

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supervision or take other action it considers appropriate. If the

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term of conditional release supervision exceeds that of the

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probation or community control, then, upon expiration of the

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probation or community control, authority for the supervision

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shall revert to the commission and the supervision shall be

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subject to the conditions imposed by the commission.

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     (d) If any inmate required to register as a sexual predator

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under s. 775.21 or as a sexual offender under s. 943.0435 is

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placed on conditional release supervision and is also subject to

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probation or community supervision, the period of court-ordered

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community supervision shall not be substituted for conditional

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release supervision and shall follow the term of conditional

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release supervision.

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     (e) A panel of no fewer than two commissioners shall

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establish the terms and conditions of any such release. If the

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offense was a controlled substance violation, the conditions

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shall include a requirement that the offender submit to random

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substance abuse testing intermittently throughout the term of

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conditional release supervision, upon the direction of the

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correctional probation officer as defined in s. 943.10(3). The

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commission shall also determine whether the terms and conditions

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of such release have been violated and whether such violation

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warrants revocation of the conditional release.

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     (6)  The commission shall review the recommendations of the

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department, and such other information as it deems relevant, and

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may conduct a review of the inmate's record for the purpose of

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establishing the terms and conditions of the conditional release.

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The commission may impose any special conditions it considers

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warranted from its review of the release plan and recommendation.

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If the commission determines that the inmate is eligible for

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release under this section, the commission shall enter an order

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establishing the length of supervision and the conditions

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attendant thereto. However, an inmate who has been convicted of a

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violation of chapter 794 or found by the court to be a sexual

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predator is subject to the maximum level of supervision provided,

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with the mandatory conditions as required in subsection (7), and

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that supervision shall continue through the end of the releasee's

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original court-imposed sentence. The length of supervision must

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not exceed the maximum penalty imposed by the court. The

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commission may modify the conditions of supervision at any time.

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     (7)(a)  Any inmate who is convicted of a crime committed on

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or after October 1, 1995, or who has been previously convicted of

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a crime committed on or after October 1, 1995, in violation of

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chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is

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subject to conditional release supervision, shall have, in

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addition to any other conditions imposed, the following special

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conditions imposed by the commission:

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     1.  A mandatory curfew from 10 p.m. to 6 a.m. The commission

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may designate another 8-hour period if the offender's employment

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precludes the above specified time, and such alternative is

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recommended by the Department of Corrections. If the commission

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determines that imposing a curfew would endanger the victim, the

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commission may consider alternative sanctions.

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     2.a. If the victim was under the age of 18, a prohibition

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on living within 1,000 feet of a school, day care center, park,

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playground, designated public school bus stop, or other place

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where children regularly congregate. A releasee who is subject to

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this subparagraph may not relocate to a residence that is within

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1,000 feet of a public school bus stop.

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     b. Beginning October 1, 2004, the commission or the

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department may not approve a residence that is located within

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1,000 feet of a school, day care center, park, playground,

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designated school bus stop, or other place where children

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regularly congregate for any releasee who is subject to this

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subparagraph. On October 1, 2004, the department shall notify

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each affected school district of the location of the residence of

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a releasee 30 days prior to release and thereafter, if the

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releasee relocates to a new residence, shall notify any affected

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school district of the residence of the releasee within 30 days

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after relocation. If, on October 1, 2004, any public school bus

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stop is located within 1,000 feet of the existing residence of

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such releasee, the district school board shall relocate that

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school bus stop. Beginning October 1, 2004, a district school

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board may not establish or relocate a public school bus stop

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within 1,000 feet of the residence of a releasee who is subject

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to this subparagraph. The failure of the district school board to

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comply with this subparagraph shall not result in a violation of

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conditional release supervision.

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     c. Beginning October 1, 2008, neither the commission nor

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the department may approve a residence located within 1,500 feet

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of a school, day care center, park, playground, designated school

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bus stop, or other place where children regularly congregate for

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any releasee who is subject to this subparagraph. The distance in

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this sub-subparagraph shall be measured in a straight line from

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the offender's place of residence to the nearest boundary line of

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the school, day care center, park, playground, or other place

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where children regularly congregate. The distance may not be

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measured by a pedestrian route or automobile route.

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     3.  Active participation in and successful completion of a

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sex offender treatment program with qualified practitioners

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specifically trained to treat sex offenders, at the releasee's

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own expense. If a qualified practitioner is not available within

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a 50-mile radius of the releasee's residence, the offender shall

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participate in other appropriate therapy.

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     4.  A prohibition on any contact with the victim, directly

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or indirectly, including through a third person, unless approved

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by the victim, the offender's therapist, and the sentencing

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court.

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     5.  If the victim was under the age of 18, a prohibition

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against contact with children under the age of 18 without review

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and approval by the commission. The commission may approve

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supervised contact with a child under the age of 18 if the

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approval is based upon a recommendation for contact issued by a

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qualified practitioner who is basing the recommendation on a risk

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assessment. Further, the sex offender must be currently enrolled

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in or have successfully completed a sex offender therapy program.

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The commission may not grant supervised contact with a child if

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the contact is not recommended by a qualified practitioner and

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may deny supervised contact with a child at any time. When

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considering whether to approve supervised contact with a child,

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the commission must review and consider the following:

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     a.  A risk assessment completed by a qualified practitioner.

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The qualified practitioner must prepare a written report that

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must include the findings of the assessment and address each of

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the following components:

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     (I)  The sex offender's current legal status;

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     (II)  The sex offender's history of adult charges with

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apparent sexual motivation;

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     (III)  The sex offender's history of adult charges without

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apparent sexual motivation;

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     (IV)  The sex offender's history of juvenile charges,

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whenever available;

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     (V)  The sex offender's offender treatment history,

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including a consultation from the sex offender's treating, or

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most recent treating, therapist;

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     (VI)  The sex offender's current mental status;

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     (VII)  The sex offender's mental health and substance abuse

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history as provided by the Department of Corrections;

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     (VIII)  The sex offender's personal, social, educational,

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and work history;

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     (IX)  The results of current psychological testing of the

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sex offender if determined necessary by the qualified

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practitioner;

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     (X)  A description of the proposed contact, including the

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location, frequency, duration, and supervisory arrangement;

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     (XI)  The child's preference and relative comfort level with

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the proposed contact, when age-appropriate;

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     (XII)  The parent's or legal guardian's preference regarding

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the proposed contact; and

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     (XIII)  The qualified practitioner's opinion, along with the

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basis for that opinion, as to whether the proposed contact would

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likely pose significant risk of emotional or physical harm to the

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child.

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The written report of the assessment must be given to the

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commission.

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     b.  A recommendation made as a part of the risk-assessment

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report as to whether supervised contact with the child should be

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approved;

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     c.  A written consent signed by the child's parent or legal

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guardian, if the parent or legal guardian is not the sex

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offender, agreeing to the sex offender having supervised contact

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with the child after receiving full disclosure of the sex

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offender's present legal status, past criminal history, and the

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results of the risk assessment. The commission may not approve

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contact with the child if the parent or legal guardian refuses to

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give written consent for supervised contact;

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     d.  A safety plan prepared by the qualified practitioner,

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who provides treatment to the offender, in collaboration with the

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sex offender, the child's parent or legal guardian, and the

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child, when age appropriate, which details the acceptable

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conditions of contact between the sex offender and the child. The

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safety plan must be reviewed and approved by the Department of

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Corrections before being submitted to the commission; and

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     e.  Evidence that the child's parent or legal guardian, if

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the parent or legal guardian is not the sex offender, understands

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the need for and agrees to the safety plan and has agreed to

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provide, or to designate another adult to provide, constant

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supervision any time the child is in contact with the offender.

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The commission may not appoint a person to conduct a risk

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assessment and may not accept a risk assessment from a person who

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has not demonstrated to the commission that he or she has met the

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requirements of a qualified practitioner as defined in this

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section.

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     6.  If the victim was under age 18, a prohibition on working

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for pay or as a volunteer at any business, school, day care

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center, park, playground, library, or other place where children

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regularly congregate, as prescribed by the commission.

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     7.  Unless otherwise indicated in the treatment plan

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provided by the sexual offender treatment program, a prohibition

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on viewing, owning, or possessing any obscene, pornographic, or

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sexually stimulating visual or auditory material, including

468

telephone, electronic media, computer programs, or computer

469

services that are relevant to the offender's deviant behavior

470

pattern.

471

     8.  Effective for a releasee whose crime is committed on or

472

after July 1, 2005, a prohibition on accessing the Internet or

473

other computer services until the offender's sex offender

474

treatment program, after a risk assessment is completed, approves

475

and implements a safety plan for the offender's accessing or

476

using the Internet or other computer services.

477

     9.  A requirement that the releasee must submit two

478

specimens of blood to the Florida Department of Law Enforcement

479

to be registered with the DNA database.

480

     10.  A requirement that the releasee make restitution to the

481

victim, as determined by the sentencing court or the commission,

482

for all necessary medical and related professional services

483

relating to physical, psychiatric, and psychological care.

484

     11.  Submission to a warrantless search by the community

485

control or probation officer of the probationer's or community

486

controllee's person, residence, or vehicle.

487

     (11) Effective for a releasee whose crime was a violation

488

of s. 787.01(3) or s. 787.02(3) committed on or after October 1,

489

2008, and whose crime involved a victim less than 16 years of age

490

and an offender 18 years of age or older, in addition to any

491

other provision of this section, the commission must order

492

electronic monitoring for the duration of the releasee's

493

supervision.

494

     Section 7.  Subsection (8) is added to section 947.141,

495

Florida Statutes, to read:

496

     947.141  Violations of conditional release, control release,

497

or conditional medical release or addiction-recovery

498

supervision.--

499

     (8) Because of the compelling state interest in protecting

500

the public from sexual offenders or sexual predators granted the

501

privilege of conditional release, in any hearing alleging a

502

violation of conditional release by a releasee for failure to

503

comply with the residency distance limitations in s. 947.1405,

504

the inability of the releasee to locate a residence in compliance

505

with s. 947.1405 is not a defense to the finding of a violation

506

under this section.

507

     Section 8.  Subsection (4) of section 948.06, Florida

508

Statutes, is amended to read:

509

     948.06  Violation of probation or community control;

510

revocation; modification; continuance; failure to pay restitution

511

or cost of supervision.--

512

     (4)  Notwithstanding any other provision of this section, a

513

felony probationer or an offender in community control who is

514

arrested for violating his or her probation or community control

515

in a material respect may be taken before the court in the county

516

or circuit in which the probationer or offender was arrested.

517

That court shall advise him or her of such the charge of a

518

violation and, if such charge is admitted, shall cause him or her

519

to be brought before the court that granted the probation or

520

community control. If such the violation is not admitted by the

521

probationer or offender, the court may commit him or her or

522

release him or her with or without bail to await further hearing.

523

However, if the probationer or offender is under supervision for

524

any criminal offense proscribed in chapter 794, s. 800.04(4),

525

(5), (6), s. 827.071, or s. 847.0145, or is a registered sexual

526

predator or a registered sexual offender, or is under supervision

527

for a criminal offense for which he or she would meet the

528

registration criteria in s. 775.21, s. 943.0435, or s. 944.607

529

but for the effective date of those sections, the court must make

530

a finding that the probationer or offender poses no is not a

531

danger to the public prior to release with or without bail. In

532

determining that the offender poses no danger to the public the

533

danger posed by the offender's or probationer's release, the

534

court may consider the nature and circumstances of the violation

535

and any new offenses charged; the offender's or probationer's

536

past and present conduct, including convictions of crimes; any

537

record of arrests without conviction for crimes involving

538

violence or sexual crimes; any other evidence of allegations of

539

unlawful sexual conduct or the use of violence by the offender or

540

probationer; the offender's or probationer's family ties, length

541

of residence in the community, employment history, and mental

542

condition; his or her history and conduct during the probation or

543

community control supervision from which the violation arises and

544

any other previous supervisions, including disciplinary records

545

of previous incarcerations; the likelihood that the offender or

546

probationer will engage again in a criminal course of conduct;

547

the weight of the evidence against the offender or probationer;

548

whether or not the probationer is currently subject to electronic

549

monitoring; and any other facts the court considers relevant. The

550

court, as soon as is practicable, shall give the probationer or

551

offender an opportunity to be fully heard on his or her behalf in

552

person or by counsel. After such the hearing, the court shall

553

make findings of fact and forward the findings to the court that

554

granted the probation or community control and to the probationer

555

or offender or his or her attorney. The findings of fact by the

556

hearing court are binding on the court that granted the probation

557

or community control. Upon the probationer or offender being

558

brought before it, the court that granted the probation or

559

community control may revoke, modify, or continue the probation

560

or community control or may place the probationer into community

561

control as provided in this section. However, the probationer or

562

offender shall not be released and shall not be admitted to bail,

563

but shall be brought before the court that granted the probation

564

or community control if any violation of felony probation or

565

community control other than a failure to pay costs or fines or

566

make restitution payments is alleged to have been committed by:

567

     (a)  A violent felony offender of special concern, as

568

defined in this section;

569

     (b)  A person who is on felony probation or community

570

control for any offense committed on or after the effective date

571

of this act and who is arrested for a qualifying offense as

572

defined in this section; or

573

     (c)  A person who is on felony probation or community

574

control and has previously been found by a court to be a habitual

575

violent felony offender as defined in s. 775.084(1)(b), a three-

576

time violent felony offender as defined in s. 775.084(1)(c), or a

577

sexual predator under s. 775.21, and who is arrested for

578

committing a qualifying offense as defined in this section on or

579

after the effective date of this act.

580

     Section 9.  Subsection (3) is added to section 948.063,

581

Florida Statutes,  to read:

582

     948.063  Violations of probation or community control by

583

designated sexual offenders and sexual predators.--

584

     (3) Because of the compelling state interest in protecting

585

the public from sexual predators or sexual offenders on

586

probation, in any hearing alleging a violation of probation by a

587

releasee for failure to comply with the distance limitations in

588

s. 948.30, the inability of the probationer to locate a residence

589

in compliance with s. 948.30 shall not be a defense to the

590

finding of a violation under this section.

591

     Section 10.  Paragraph (b) of subsection (1) and subsection

592

(3) of section 948.30, Florida Statutes, are amended, and

593

subsection (4) is added to that section, to read:

594

     948.30  Additional terms and conditions of probation or

595

community control for certain sex offenses.--Conditions imposed

596

pursuant to this section do not require oral pronouncement at the

597

time of sentencing and shall be considered standard conditions of

598

probation or community control for offenders specified in this

599

section.

600

     (1)  Effective for probationers or community controllees

601

whose crime was committed on or after October 1, 1995, and who

602

are placed under supervision for violation of chapter 794, s.

603

800.04, s. 827.071, or s. 847.0145, the court must impose the

604

following conditions in addition to all other standard and

605

special conditions imposed:

606

     (b)1. Except as provided in subparagraph 2., if the victim

607

was under the age of 18, a prohibition on living within 1,000

608

feet of a school, day care center, park, playground, or other

609

place where children regularly congregate, as prescribed by the

610

court. The 1,000-foot distance shall be measured in a straight

611

line from the offender's place of residence to the nearest

612

boundary line of the school, day care center, park, playground,

613

or other place where children regularly congregate. The distance

614

may not be measured by a pedestrian route or automobile route.

615

     2. For a probationer or community controllee whose crime

616

was committed on or after October 1, 2008, if the victim was

617

under the age of 18, a prohibition on living within 1,500 feet of

618

a school, day care center, park, playground, or other place where

619

children regularly congregate, as prescribed by the court. This

620

distance shall be measured in a straight line from the offender's

621

place of residence to the nearest boundary line of the school,

622

day care center, park, playground, or other place where children

623

regularly congregate. The distance may not be measured by a

624

pedestrian route or automobile route.

625

     (3)  Effective for a probationer or community controllee

626

whose crime was committed on or after September 1, 2005, and who:

627

     (a)  Is placed on probation or community control for a

628

violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,

629

or s. 847.0145 and the unlawful sexual activity involved a victim

630

under 16 15 years of age or younger and the offender is 18 years

631

of age or older;

632

     (b)  Is designated a sexual predator pursuant to s. 775.21;

633

or

634

     (c)  Has previously been convicted of a violation of chapter

635

794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and

636

the unlawful sexual activity involved a victim under 16 15 years

637

of age or younger and the offender is 18 years of age or older,

638

639

the court must order, in addition to any other provision of this

640

section, mandatory electronic monitoring as a condition of the

641

probation or community control supervision.

642

     (4) Effective for a probationer or community controllee

643

whose crime was committed on or after October 1, 2008, who has

644

previously been convicted of a violation of s. 787.01(3) or s.

645

787.02(3), and the unlawful sexual activity involved a victim

646

under 16 years of age and an offender 18 years of age or older,

647

the court must order, in addition to any other provision of this

648

section, mandatory electronic monitoring as a condition of the

649

probation or community control supervision.

650

     Section 11. The Department of Law Enforcement, with the

651

assistance of the Department of Corrections, the Department of

652

Highway Safety and Motor Vehicles, the Department of Juvenile

653

Justice, the Office of the State Courts Administrator, the clerk

654

of the court in each judicial circuit court, the offices of the

655

state attorney and public defender in each judicial circuit, the

656

Florida Sheriffs Association, and the Florida Legislative

657

Committee on Intergovernmental Relations shall examine the

658

feasibility of eliminating the October 1, 1993, date in the

659

sexual predator criteria set forth in s. 775.21, Florida

660

Statutes, and the October 1, 1997, date in the sexual offender

661

criteria set forth in ss. 943.0435 and 944.607, Florida Statutes,

662

or modifying those dates to provide for earlier dates. When

663

conducting this examination, the department shall evaluate the

664

potential effect, including the fiscal impact, that the

665

elimination or modification of these dates will have on the

666

department, other state agencies, circuit courts, state

667

attorneys, public defenders, and local law enforcement agencies.

668

The Department of Law Enforcement shall also determine whether

669

there are factors, such as incomplete criminal histories and

670

court records, which might make the elimination or modification

671

of these dates impractical or might have a negative effect on the

672

state's current system for registering sexual predators and

673

offenders. The department shall present a report of its findings

674

to the President of the Senate and the Speaker of the House of

675

Representatives by December 30, 2008.

676

     Section 12.  This act shall take effect October 1, 2008.