Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/SB 1430, 1st Eng.

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CHAMBER ACTION

Senate

Floor: 1/AD/3R

5/2/2008 2:54 PM

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House



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Senator Aronberg moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Paragraph (b) of subsection (3) and paragraph

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(b) of subsection (10)  of section 775.21, Florida Statutes, are

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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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     (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 where children regularly congregate, school, child care

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facility day care center, park as defined in s. 794.0701,

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playground, or other place where children regularly congregate,

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commits a felony of the third degree, punishable as provided in

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s. 775.082, s. 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; certain local ordinances

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preempted and repealed.--The adoption of residency distance

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limitations for persons convicted of sexual offenses, including,

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but not limited to, violations of s. 787.01, s. 787.02, s.

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794.011, s. 800.04, s. 827.071, or s. 847.0145, regardless of

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whether adjudication has been withheld, is expressly preempted to

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the state. The provisions of ss. 794.065, 947.1405, and 948.30

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establishing such distance limitations supersede the distance

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limitations included in any such municipal or county ordinances.

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Any such residency distance limitations adopted by a county or

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municipality prior to July 1, 2009, are hereby repealed and

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abolished as of July 1, 2009. However, after July 1, 2009, the

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governing body of a county or municipality, may, upon the written

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recommendation of the chief law enforcement officer of such

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county or municipality and upon a finding of public necessity by

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said governing body, adopt by a 2/3 vote an ordinance that

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increases the distance limitations contained in s. 794.065 up to

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a maximum distance of 2,000 feet. Any person who is subject to

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the residency distance limitations in s. 794.065, s. 947.1405, or

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s. 948.30 who changes his or her place of residence after July 1,

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2009, is subject to the residency distance limitations adopted

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pursuant to such county or municipal ordinance.

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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 distance limitations

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contained in ss. 794.065, 947.1405, and 948.30, or exempts such

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person from 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, child

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care facility day care center, park as defined in s. 794.0701, or

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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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     (2) This section applies to any person convicted of an

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offense listed in subparagraph (1)(a)1. if the offense occurred a

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violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145

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for offenses that occur on or after October 1, 2004.

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     (3) The distances in this section 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, child care facility, park as

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defined in s. 794.0701, or 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.--

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     (1) Any person who:

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     (a) 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 younger than 16 years of age; and

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

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300 feet of a place where children regularly congregate,

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including a school, designated public school bus stop, child care

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facility, playground, or park as defined in s. 794.0701,

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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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     (2) "Child care facility" has the same meaning as provided

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in s. 402.302.

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     (3) "Park" means and includes all public and private

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property specifically designated as being used for park and

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recreational purposes and where children regularly congregate.

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     (4) "School" has the same meaning as provided in s. 1003.01

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and includes a "private school" as defined in s. 1002.01, a

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"voluntary prekindergarten education program" as described in s.

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1002.53(3), a "public school" as described in s. 402.3025(1), the

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Florida School for the Deaf and the Blind, the Florida Virtual

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School as established in s. 1002.37, and a K-8 Virtual School as

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established in s. 1002.415, excluding facilities dedicated

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exclusively to the education of adults.

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     Section 6.  Subsection (2) and subsection (7) of section

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947.1405, Florida Statutes, are amended 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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     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 placed on conditional release supervision

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is also subject to probation or community control, resulting from

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a probationary or community control split sentence within the

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overall term of sentences, the Department of Corrections shall

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supervise such person according to the conditions imposed by the

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court and the commission shall defer to such supervision. If the

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court revokes probation or community control and resentences the

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offender to a term of incarceration, such revocation also

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constitutes a sufficient basis for the revocation of the

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conditional release supervision on any nonprobationary or

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noncommunity control sentence without further hearing by the

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commission. If any such supervision on any nonprobationary or

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noncommunity control sentence is revoked, such revocation may

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

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revoke the resulting deferred conditional release supervision or

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take other action it considers appropriate. If the term of

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conditional release supervision exceeds that of the probation or

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community control, then, upon expiration of the probation or

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community control, authority for the supervision shall revert to

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the commission and the supervision shall be subject to the

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conditions imposed by the commission.

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     (d) 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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     (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, child care facility day

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care center, park as defined in s. 794.0701, playground,

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designated public school bus stop, or other place where children

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regularly congregate. A releasee who is subject to this

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subparagraph may not relocate to a residence that is within 1,000

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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, child care facility day care center, park

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as defined in s. 794.0701, playground, designated school bus

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stop, or other place where children regularly congregate for any

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releasee who is subject to this subparagraph. On October 1, 2004,

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the department shall notify each affected school district of the

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location of the residence of a releasee 30 days prior to release

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and thereafter, if the releasee relocates to a new residence,

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shall notify any affected school district of the residence of the

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releasee within 30 days after relocation. If, on October 1, 2004,

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any public school bus stop is located within 1,000 feet of the

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existing residence of such releasee, the district school board

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shall relocate that school bus stop. Beginning October 1, 2004, a

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district school board may not establish or relocate a public

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school bus stop within 1,000 feet of the residence of a releasee

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who is subject to this subparagraph. The failure of the district

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school board to comply with this subparagraph shall not result in

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a violation of conditional release supervision.

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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 school, child care facility day

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care center, park as defined in s. 794.0701, playground, or other

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place where children regularly congregate, as prescribed by the

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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

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telephone, electronic media, computer programs, or computer

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services that are relevant to the offender's deviant behavior

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pattern.

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

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

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other computer services until the offender's sex offender

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treatment program, after a risk assessment is completed, approves

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

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using the Internet or other computer services.

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     9.  A requirement that the releasee must submit two

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specimens of blood to the Florida Department of Law Enforcement

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to be registered with the DNA database.

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     10.  A requirement that the releasee make restitution to the

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

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for all necessary medical and related professional services

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relating to physical, psychiatric, and psychological care.

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     11.  Submission to a warrantless search by the community

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control or probation officer of the probationer's or community

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controllee's person, residence, or vehicle.

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     (b)  For a releasee whose crime was committed on or after

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October 1, 1997, in violation of chapter 794, s. 800.04, s.

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827.071, or s. 847.0145, and who is subject to conditional

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release supervision, in addition to any other provision of this

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subsection, the commission shall impose the following additional

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conditions of conditional release supervision:

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     1.  As part of a treatment program, participation in a

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minimum of one annual polygraph examination to obtain information

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necessary for risk management and treatment and to reduce the sex

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offender's denial mechanisms. The polygraph examination must be

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conducted by a polygrapher trained specifically in the use of the

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polygraph for the monitoring of sex offenders, where available,

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and at the expense of the sex offender. The results of the

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polygraph examination shall not be used as evidence in a hearing

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to prove that a violation of supervision has occurred.

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     2.  Maintenance of a driving log and a prohibition against

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driving a motor vehicle alone without the prior approval of the

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supervising officer.

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     3.  A prohibition against obtaining or using a post office

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box without the prior approval of the supervising officer.

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     4.  If there was sexual contact, a submission to, at the

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probationer's or community controllee's expense, an HIV test with

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the results to be released to the victim or the victim's parent

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or guardian.

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     5.  Electronic monitoring of any form when ordered by the

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commission.

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     Section 7.  Subsection (4) of section 948.06, Florida

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Statutes, is amended to read:

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     948.06  Violation of probation or community control;

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revocation; modification; continuance; failure to pay restitution

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or cost of supervision.--

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

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felony probationer or an offender in community control who is

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arrested for violating his or her probation or community control

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

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or circuit in which the probationer or offender was arrested.

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

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

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to be brought before the court that granted the probation or

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

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

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

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However, if the probationer or offender is under supervision for

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

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

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predator or a registered sexual offender, or is under supervision

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

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

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

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

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

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determining whether the offender poses no danger to the public

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

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court may consider the nature and circumstances of the violation

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

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past and present conduct, including convictions of crimes; any

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record of arrests without conviction for crimes involving

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violence or sexual crimes; any other evidence of allegations of

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

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

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of residence in the community, employment history, and mental

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

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community control supervision from which the violation arises and

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any other previous supervisions, including disciplinary records

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of previous incarcerations; the likelihood that the offender or

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probationer will engage again in a criminal course of conduct;

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the weight of the evidence against the offender or probationer;

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and any other facts the court considers relevant. The court, as

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soon as is practicable, shall give the probationer or offender an

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opportunity to be fully heard on his or her behalf in person or

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by counsel. After such the hearing, the court shall make findings

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

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probation or community control and to the probationer or offender

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or his or her attorney. The findings of fact by the hearing court

459

are binding on the court that granted the probation or community

460

control. Upon the probationer or offender being brought before

461

it, the court that granted the probation or community control may

462

revoke, modify, or continue the probation or community control or

463

may place the probationer into community control as provided in

464

this section. However, the probationer or offender shall not be

465

released and shall not be admitted to bail, but shall be brought

466

before the court that granted the probation or community control

467

if any violation of felony probation or community control other

468

than a failure to pay costs or fines or make restitution payments

469

is alleged to have been committed by:

470

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

471

defined in this section;

472

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

473

control for any offense committed on or after the effective date

474

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

475

defined in this section; or

476

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

477

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

478

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

479

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

480

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

481

committing a qualifying offense as defined in this section on or

482

after the effective date of this act.

483

     Section 8.  Paragraph (b) of subsection (1) and subsection

484

(3) of section 948.30, Florida Statutes, are amended to read:

485

     948.30  Additional terms and conditions of probation or

486

community control for certain sex offenses.--Conditions imposed

487

pursuant to this section do not require oral pronouncement at the

488

time of sentencing and shall be considered standard conditions of

489

probation or community control for offenders specified in this

490

section.

491

     (1)  Effective for probationers or community controllees

492

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

493

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

494

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

495

following conditions in addition to all other standard and

496

special conditions imposed:

497

     (b)  If the victim was under the age of 18, a prohibition on

498

living within 1,000 feet of a school, child care facility day

499

care center, park as defined in s. 794.0701, playground, or other

500

place where children regularly congregate, as prescribed by the

501

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

502

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

503

boundary line of the school, child care facility day care center,

504

park as defined in s. 794.0701, playground, or other place where

505

children regularly congregate. The distance may not be measured

506

by a pedestrian route or automobile route.

507

     (3)  Effective for a probationer or community controllee

508

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

509

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

510

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

511

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

512

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

513

years of age or older;

514

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

515

or

516

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

517

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

518

the unlawful sexual activity involved a victim younger than 16 15

519

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

520

older,

521

522

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

523

section, mandatory electronic monitoring as a condition of the

524

probation or community control supervision.

525

     Section 9.  Subsection (3) is added to section 257.12,

526

Florida Statutes, to read:

527

     257.12  Division of Library and Information Services

528

authorized to accept and expend federal funds.--

529

     (3) All public libraries are encouraged to adopt an

530

Internet safety education program, including the implementation

531

of a computer-based educational program, that has been endorsed

532

by a United States government-sanctioned law enforcement agency

533

or other reputable organization and is designed for children and

534

adults. The purpose of the Internet safety education program is

535

to promote the use of prudent online deportment and broaden

536

awareness of online predators. The program shall be interactive

537

and age appropriate. Each library shall annually report to the

538

division the annual number of users who complete the education

539

program. By April 1, 2009, the division shall adopt rules for

540

rewarding those libraries in the program grant application

541

process which have had 1 percent or more of their annual number

542

of users, based on the total number of registered borrowers from

543

the preceding year, complete the education program adopted by the

544

library. Users completing the program as a result of strategic

545

partnerships or collaboration between the library and other

546

entities shall be integrated into the library's annual report.

547

The division shall adopt rules to, beginning with the grant

548

application cycle for the 2010-2011 fiscal year, allocate 10

549

percent of the total points available in the library services and

550

technology grant application evaluation process to public

551

libraries that are in compliance with this section.

552

     Section 10.  This act shall take effect July 1, 2009.

553

554

================ T I T L E  A M E N D M E N T ================

555

And the title is amended as follows:

556

     Delete everything before the enacting clause

557

and insert:

558

A bill to be entitled

559

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

560

F.S.; revising provisions relating to reimbursement of

561

specified costs by sexual predators; revising provisions

562

relating to the residence of sexual predators; providing

563

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

564

residency distance limitations for persons convicted of

565

certain sexual offenses; preempting certain local

566

ordinances and providing for repeal of such ordinances;

567

providing that persons subject to residency distance

568

limitations who change their place of residence are

569

subject to residency distance limitations as adopted by

570

county or municipal ordinance; amending s. 775.24, F.S.;

571

revising provisions relating to the duty of the court to

572

uphold certain laws; amending s. 794.065, F.S.; providing

573

additional residency restrictions for certain offenders;

574

providing penalties; creating s. 794.0701, F.S.; providing

575

for enhanced penalties for loitering or prowling by

576

persons convicted of certain sex offenses; providing

577

definitions; amending s. 947.1405, F.S.; revising

578

conditional release restrictions for certain offenders;

579

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

580

probation or community control for sexual predators and

581

sexual offenders; amending s. 948.30, F.S.; revising

582

provisions relating to terms and conditions of probation

583

or community control for certain sex offenses; revising

584

restrictions for certain probationers or community

585

controllees who committed sexual offenses against a minor

586

younger than 16 years of age; amending s. 257.12, F.S.;

587

encouraging all public libraries to adopt an Internet

588

safety education program for children and adults to

589

promote the use of prudent online deportment and broaden

590

awareness of online sexual predators and offenders;

591

providing minimum requirements for the program; requiring

592

libraries to annually report to the Division of Library

593

and Information Services of the Department of State the

594

number of users who complete the program; requiring that

595

the division adopt rules to allocate additional points to

596

grant applicants who are in compliance with such a

597

program; providing an effective date.

5/2/2008  2:25:00 PM     27-09599-08

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