1

The Committee on Judiciary (Geller) recommended the following

2

amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

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

8

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

9

amended to read:

10

     775.21  The Florida Sexual Predators Act.--

11

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

12

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

13

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

14

by victims of sex offenses, provide the state with sufficient

15

justification to implement a strategy that includes:

16

     1.  Incarcerating sexual predators and maintaining adequate

17

facilities to ensure that decisions to release sexual predators

18

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

19

     2.  Providing for specialized supervision of sexual

20

predators who are in the community by specially trained probation

21

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

22

948.30. The sexual predator is subject to specified terms and

23

conditions implemented at sentencing or at the time of release

24

from incarceration, with a requirement that only those sexual

25

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

26

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

27

provisions of that section who are financially able must pay all

28

or part of the costs of supervision.

29

     3.  Requiring the registration of sexual predators, with a

30

requirement that complete and accurate information be maintained

31

and accessible for use by law enforcement authorities,

32

communities, and the public.

33

     4.  Providing for community and public notification

34

concerning the presence of sexual predators.

35

     5.  Prohibiting sexual predators from working with children,

36

either for compensation or as a volunteer.

37

     (10)  PENALTIES.--

38

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

39

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

40

regardless of adjudication, any violation, or attempted

41

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

42

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

43

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

44

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

45

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

46

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

47

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

48

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

49

business where children regularly congregate, school, child care

50

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

51

playground, or other place where children regularly congregate,

52

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

53

s. 775.082, s. 775.083, or s. 775.084.

54

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

55

read:

56

     775.215 Residency distance limitations for persons

57

convicted of certain sexual offenses; local ordinances preempted

58

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

59

persons convicted of sexual offenses, including, but not limited

60

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

61

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

62

been withheld, is expressly preempted to the state. The

63

provisions of ss. 794.065, 947.1405, and 948.30 which establish

64

such residency distance limitations supersede the distance

65

limitation included in any such municipal or county ordinances.

66

Any such residency distance limitations adopted by a county or

67

municipality before October 1, 2008, are repealed and abolished

68

effective October 1, 2008.

69

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

70

Statutes, is amended to read:

71

     775.24  Duty of the court to uphold laws governing sexual

72

predators and sexual offenders.--

73

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

74

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

75

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

76

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

77

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

78

other reason, which:

79

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

80

as a sexual predator or classification as a sexual offender from

81

such designation or classification, or exempts such person from

82

the requirements for registration or community and public

83

notification imposed upon sexual predators and sexual offenders,

84

exempts such person from the residency distance limitations

85

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

86

person from the provisions of s. 794.0701;

87

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

88

public records information that relates to sexual predators or

89

sexual offenders; or

90

     (c)  Prevents any person or entity from performing its

91

duties or operating within its statutorily conferred authority as

92

such duty or authority relates to sexual predators or sexual

93

offenders.

94

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

95

read:

96

     794.065  Unlawful place of residence for persons convicted

97

of certain sex offenses.--

98

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

99

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

100

s. 847.0145, regardless of whether adjudication has been

101

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

102

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

103

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

104

playground.

105

     2. A person who violates this subsection section and whose

106

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

107

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

108

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

109

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

110

775.083. A person who violates this section and whose conviction

111

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

112

classified as

113

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

114

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

115

775.082 or s. 775.083.

116

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

117

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

118

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

119

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

120

October 1, 2004.

121

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

122

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

123

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

124

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

125

which the victim of the offense was younger than 16 years of age,

126

to reside within 1,500 feet of any school, child care facility,

127

park as defined in s. 794.0701, or playground.

128

129

A sexual offender or sexual predator does not commit a violation

130

of this section if convicted of a violation of s. 787.01, s.

131

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

132

regardless of whether adjudication has been withheld, in which

133

the victim of the offense was younger than 16 years of age and

134

when the sexual offender or sexual predator was a minor. This

135

exception, however, does not apply to a sexual offender or sexual

136

predator who is convicted of a subsequent sexual offense as an

137

adult.

138

     2. A person violating this subsection whose conviction of

139

an offense listed in subparagraph 1. was classified as:

140

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

141

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

142

775.083.

143

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

144

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

145

775.082 or s. 775.083.

146

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

147

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

148

nearest boundary line of the school, child care facility, park as

149

defined in s. 794.0701, or playground.

150

     Section 5.  Section 794.0701, Florida Statutes, is created

151

to read:

152

     794.0701 Loitering or prowling by persons convicted of

153

certain sex offenses.--

154

     (1) Any person who:

155

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

156

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

157

regardless of whether adjudication has been withheld, in which

158

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

159

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

160

300 feet of a place where children regularly congregate,

161

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

162

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

163

164

commits a misdemeanor of the first degree, punishable as provided

165

in s. 775.082 or s. 775.083.

166

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

167

in s. 402.302.

168

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

169

property specifically designated as being used for park and

170

recreational purposes and where children regularly congregate.

171

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

172

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

173

"voluntary prekindergarten education program" as described in s.

174

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

175

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

176

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

177

established in s. 1002.415, excluding facilities dedicated

178

exclusively to the education of adults.

179

180

A sexual offender or sexual predator does not commit a violation

181

of this section if convicted of a violation of s. 787.01, s.

182

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

183

regardless of whether adjudication has been withheld, in which

184

the victim of the offense was younger than 16 years of age and

185

when the sexual offender or sexual predator was a minor. This

186

exception, however, does not apply to a sexual offender or sexual

187

predator who is convicted of a subsequent sexual offense as an

188

adult.

189

     Section 6.  Subsection (2) and paragraph (a) of subsection

190

(7) of section 947.1405, Florida Statutes, are amended, and

191

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

192

     947.1405  Conditional release program.--

193

     (2)(a) Any inmate who:

194

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

195

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

196

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

197

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

198

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

199

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

200

felony commitment at a state or federal correctional institution;

201

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

202

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

203

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

204

former s. 775.23,

205

206

shall, upon reaching the tentative release date or provisional

207

release date, whichever is earlier, as established by the

208

Department of Corrections, be released under supervision subject

209

to specified terms and conditions, including payment of the cost

210

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

211

applicable to all sentences within the overall term of sentences

212

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

213

sentences that are eligible for conditional release supervision

214

as provided herein.

215

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

216

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

217

condition of conditional release, that the releasee make payment

218

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

219

facility under s. 951.032 for medical care, treatment,

220

hospitalization, or transportation received by the releasee while

221

in that detention facility. The commission, in determining

222

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

223

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

224

fault of the institution for the medical expenses incurred, the

225

financial resources of the releasee, the present and potential

226

future financial needs and earning ability of the releasee, and

227

dependents, and other appropriate factors.

228

     (c) If any inmate placed on conditional release supervision

229

is also subject to probation or community control, resulting from

230

a probationary or community control split sentence within the

231

overall term of sentences, the Department of Corrections shall

232

supervise such person according to the conditions imposed by the

233

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

234

court revokes probation or community control and resentences the

235

offender to a term of incarceration, such revocation also

236

constitutes a sufficient basis for the revocation of the

237

conditional release supervision on any nonprobationary or

238

noncommunity control sentence without further hearing by the

239

commission. If any such supervision on any nonprobationary or

240

noncommunity control sentence is revoked, such revocation may

241

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

242

revoke the resulting deferred conditional release supervision or

243

take other action it considers appropriate. If the term of

244

conditional release supervision exceeds that of the probation or

245

community control, then, upon expiration of the probation or

246

community control, authority for the supervision shall revert to

247

the commission and the supervision shall be subject to the

248

conditions imposed by the commission.

249

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

250

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

251

offense was a controlled substance violation, the conditions

252

shall include a requirement that the offender submit to random

253

substance abuse testing intermittently throughout the term of

254

conditional release supervision, upon the direction of the

255

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

256

commission shall also determine whether the terms and conditions

257

of such release have been violated and whether such violation

258

warrants revocation of the conditional release.

259

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

260

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

261

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

262

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

263

subject to conditional release supervision, shall have, in

264

addition to any other conditions imposed, the following special

265

conditions imposed by the commission:

266

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

267

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

268

precludes the above specified time, and such alternative is

269

recommended by the Department of Corrections. If the commission

270

determines that imposing a curfew would endanger the victim, the

271

commission may consider alternative sanctions.

272

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

273

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

274

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

275

designated public school bus stop, or other place where children

276

regularly congregate. A releasee who is subject to this

277

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

278

feet of a public school bus stop.

279

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

280

department may not approve a residence that is located within

281

1,000 feet of a school, child care facility day care center, park

282

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

283

stop, or other place where children regularly congregate for any

284

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

285

the department shall notify each affected school district of the

286

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

287

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

288

shall notify any affected school district of the residence of the

289

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

290

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

291

existing residence of such releasee, the district school board

292

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

293

district school board may not establish or relocate a public

294

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

295

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

296

school board to comply with this subparagraph shall not result in

297

a violation of conditional release supervision.

298

     c. Beginning October 1, 2008, the commission or the

299

department may not approve a residence located within 1,500 feet

300

of a school, child care facility, park as defined in s. 794.0701,

301

playground, or other place where children regularly congregate

302

for any releasee who is subject to this subparagraph. The

303

distance in this sub-subparagraph shall be measured in a straight

304

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

305

boundary line of the school, child care facility, park as defined

306

in s. 794.0701, playground, or other place where children

307

regularly congregate. The distance may not be measured by a

308

pedestrian route or automobile route.

309

     d. A sexual offender or sexual predator convicted of a

310

violation of s. 787.01, s. 787.02, s. 794.011, s. 800.04, s.

311

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

312

been withheld, in which the victim of the offense was younger

313

than 16 years of age and when the sexual offender or sexual

314

predator was a minor is not subject to the conditions in

315

subparagraph 2. This sub-subparagraph, however, does not apply to

316

a sexual offender or sexual predator who is convicted of a

317

subsequent sexual offense as an adult.

318

     3.  Active participation in and successful completion of a

319

sex offender treatment program with qualified practitioners

320

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

321

own expense. If a qualified practitioner is not available within

322

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

323

participate in other appropriate therapy.

324

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

325

or indirectly, including through a third person, unless approved

326

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

327

court.

328

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

329

against contact with children under the age of 18 without review

330

and approval by the commission. The commission may approve

331

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

332

approval is based upon a recommendation for contact issued by a

333

qualified practitioner who is basing the recommendation on a risk

334

assessment. Further, the sex offender must be currently enrolled

335

in or have successfully completed a sex offender therapy program.

336

The commission may not grant supervised contact with a child if

337

the contact is not recommended by a qualified practitioner and

338

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

339

considering whether to approve supervised contact with a child,

340

the commission must review and consider the following:

341

     a.  A risk assessment completed by a qualified practitioner.

342

The qualified practitioner must prepare a written report that

343

must include the findings of the assessment and address each of

344

the following components:

345

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

346

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

347

apparent sexual motivation;

348

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

349

apparent sexual motivation;

350

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

351

whenever available;

352

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

353

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

354

most recent treating, therapist;

355

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

356

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

357

history as provided by the Department of Corrections;

358

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

359

and work history;

360

     (IX)  The results of current psychological testing of the

361

sex offender if determined necessary by the qualified

362

practitioner;

363

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

364

location, frequency, duration, and supervisory arrangement;

365

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

366

the proposed contact, when age-appropriate;

367

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

368

the proposed contact; and

369

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

370

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

371

likely pose significant risk of emotional or physical harm to the

372

child.

373

374

The written report of the assessment must be given to the

375

commission.

376

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

377

report as to whether supervised contact with the child should be

378

approved;

379

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

380

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

381

offender, agreeing to the sex offender having supervised contact

382

with the child after receiving full disclosure of the sex

383

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

384

results of the risk assessment. The commission may not approve

385

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

386

give written consent for supervised contact;

387

     d.  A safety plan prepared by the qualified practitioner,

388

who provides treatment to the offender, in collaboration with the

389

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

390

child, when age appropriate, which details the acceptable

391

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

392

safety plan must be reviewed and approved by the Department of

393

Corrections before being submitted to the commission; and

394

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

395

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

396

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

397

provide, or to designate another adult to provide, constant

398

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

399

400

The commission may not appoint a person to conduct a risk

401

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

402

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

403

requirements of a qualified practitioner as defined in this

404

section.

405

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

406

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

407

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

408

place where children regularly congregate, as prescribed by the

409

commission.

410

     7.  Unless otherwise indicated in the treatment plan

411

provided by the sexual offender treatment program, a prohibition

412

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

413

sexually stimulating visual or auditory material, including

414

telephone, electronic media, computer programs, or computer

415

services that are relevant to the offender's deviant behavior

416

pattern.

417

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

418

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

419

other computer services until the offender's sex offender

420

treatment program, after a risk assessment is completed, approves

421

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

422

using the Internet or other computer services.

423

     9.  A requirement that the releasee must submit two

424

specimens of blood to the Florida Department of Law Enforcement

425

to be registered with the DNA database.

426

     10.  A requirement that the releasee make restitution to the

427

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

428

for all necessary medical and related professional services

429

relating to physical, psychiatric, and psychological care.

430

     11.  Submission to a warrantless search by the community

431

control or probation officer of the probationer's or community

432

controllee's person, residence, or vehicle.

433

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

434

October 1, 2008, the commission must, in addition to all other

435

provisions of this section, impose the special conditions in

436

paragraph (b) on the following releasees:

437

     (a) A releasee whose crime was committed on or after

438

October 1, 2008, in violation of s. 800.04(4), (5), or (6); s.

439

827.071; or s. 847.0145 in this state or a similar offense in

440

another jurisdiction when, at the time of the offense, the victim

441

was younger than 16 years of age and the releasee was 18 years of

442

age or older.

443

     (b) A releasee who is designated as a sexual predator under

444

s. 775.21 or who has received a similar designation or

445

determination in another jurisdiction.

446

     (c) A releasee subject to registration as a sexual predator

447

under s. 775.21 or as a sexual offender under s. 943.0435 who has

448

committed an offense that would meet the criteria for the

449

designation or registration when at the time of the offense the

450

victim was younger than 16 years of age and the releasee was 18

451

years of age or older, who commits a violation of s. 775.21 or s.

452

943.0435 on or after October 1, 2008, and who is not otherwise

453

subject to this subsection.

454

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

455

Statutes, is amended to read:

456

     948.06  Violation of probation or community control;

457

revocation; modification; continuance; failure to pay restitution

458

or cost of supervision.--

459

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

460

felony probationer or an offender in community control who is

461

arrested for violating his or her probation or community control

462

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

463

or circuit in which the probationer or offender was arrested.

464

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

465

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

466

to be brought before the court that granted the probation or

467

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

468

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

469

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

470

However, if the probationer or offender is under supervision for

471

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

472

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

473

predator or a registered sexual offender, or is under supervision

474

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

475

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

476

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

477

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

478

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

479

determining whether the offender poses no danger to the public

480

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

481

court may consider the nature and circumstances of the violation

482

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

483

past and present conduct, including convictions of crimes; any

484

record of arrests without conviction for crimes involving

485

violence or sexual crimes; any other evidence of allegations of

486

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

487

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

488

of residence in the community, employment history, and mental

489

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

490

community control supervision from which the violation arises and

491

any other previous supervisions, including disciplinary records

492

of previous incarcerations; the likelihood that the offender or

493

probationer will engage again in a criminal course of conduct;

494

the weight of the evidence against the offender or probationer;

495

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

496

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

497

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

498

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

499

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

500

probation or community control and to the probationer or offender

501

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

502

are binding on the court that granted the probation or community

503

control. Upon the probationer or offender being brought before

504

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

505

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

506

may place the probationer into community control as provided in

507

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

508

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

509

before the court that granted the probation or community control

510

if any violation of felony probation or community control other

511

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

512

is alleged to have been committed by:

513

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

514

defined in this section;

515

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

516

control for any offense committed on or after the effective date

517

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

518

defined in this section; or

519

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

520

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

521

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

522

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

523

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

524

committing a qualifying offense as defined in this section on or

525

after the effective date of this act.

526

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

527

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

528

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

529

     948.30  Additional terms and conditions of probation or

530

community control for certain sex offenses.--Conditions imposed

531

pursuant to this section do not require oral pronouncement at the

532

time of sentencing and shall be considered standard conditions of

533

probation or community control for offenders specified in this

534

section.

535

     (1)  Effective for probationers or community controllees

536

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

537

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

538

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

539

following conditions in addition to all other standard and

540

special conditions imposed:

541

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

542

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

543

feet of a school, child care facility day care center, park as

544

defined in s. 794.0701, playground, or other place where children

545

regularly congregate, as prescribed by the court. The 1,000-foot

546

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

547

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

548

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

549

794.0701, playground, or other place where children regularly

550

congregate. The distance may not be measured by a pedestrian

551

route or automobile route.

552

     2. For a probationer or community controllee whose crime

553

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

554

younger than 18 years of age, a prohibition on living within

555

1,500 feet of a school, child care facility, park as defined in

556

s. 794.0701, playground, or other place where children regularly

557

congregate, as prescribed by the court. This distance shall be

558

measured in a straight line from the offender's place of

559

residence to the nearest boundary line of the school, child care

560

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

561

place where children regularly congregate. The distance may not

562

be measured by a pedestrian route or automobile route.

563

564

A sexual offender or sexual predator convicted of a violation of

565

s. 787.01, s. 787.02, s. 794.011, s. 800.04, s. 827.071, or s.

566

847.0145, regardless of whether adjudication has been withheld,

567

in which the victim of the offense was younger than 16 years of

568

age and when the sexual offender or sexual predator was a minor

569

is not subject to the conditions in paragraph (b). This

570

exception, however, does not apply to a sexual offender or sexual

571

predator who is convicted of a subsequent sexual offense as an

572

adult.

573

     (3)  Effective for a probationer or community controllee

574

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

575

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

576

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

577

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

578

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

579

years of age or older;

580

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

581

or

582

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

583

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

584

the unlawful sexual activity involved a victim younger than 16 15

585

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

586

older,

587

588

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

589

section, mandatory electronic monitoring as a condition of the

590

probation or community control supervision.

591

     (4) The court must, in addition to all other provisions of

592

this section, impose the special conditions in paragraph (1)(b)

593

on the following probationers or community controllees whose

594

crime was committed on or after October 1, 2008:

595

     (a) A probationer or community controllee who violated s.

596

800.04(4), (5), or (6); s. 827.071; or s. 847.0145 in this state

597

or committed a similar offense in another jurisdiction when, at

598

the time of the offense, the victim was younger than 16 years of

599

age and the probationer or community controllee was 18 years of

600

age or older.

601

     (b) A probationer or community controllee who is designated

602

as a sexual predator under s. 775.21 or who has received a

603

similar designation or determination in another jurisdiction.

604

     (c) A probationer or community controllee subject to

605

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

606

offender pursuant to s. 943.0435 who has committed an offense

607

that would meet the criteria for the designation or registration

608

when at the time of the offense the victim was younger than 16

609

years of age and the probationer or community controllee was 18

610

years of age or older, who commits a violation of s. 775.21 or s.

611

943.0435 on or after October 1, 2008, and who is not otherwise

612

subject to this subsection.

613

     Section 9.  This act shall take effect October 1, 2008.

614

615

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

616

And the title is amended as follows:

617

     Delete everything before the enacting clause

618

and insert:

619

A bill to be entitled

620

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

621

F.S.; revising provisions relating to reimbursement of

622

specified costs by sexual predators; revising provisions

623

relating to the residence of sexual predators; providing

624

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

625

residency distance limitations for persons convicted of

626

certain sexual offenses; preempting certain local

627

ordinances and providing for repeal of such ordinances;

628

amending s. 775.24, F.S.; revising provisions relating to

629

the duty of the court to uphold certain laws; amending s.

630

794.065, F.S.; providing additional residency restrictions

631

for certain offenders; providing penalties; creating s.

632

794.0701, F.S.; providing for enhanced penalties for

633

loitering or prowling by persons convicted of certain sex

634

offenses; providing definitions; providing an exemption;

635

amending s. 947.1405, F.S.; providing additional

636

conditional release restrictions for certain offenders;

637

providing an exemption; amending s. 948.06, F.S.; revising

638

provisions relating to probation or community control for

639

sexual predators and sexual offenders; amending s. 948.30,

640

F.S.; revising provisions relating to terms and conditions

641

of probation or community control for certain sex

642

offenses; providing additional restrictions for certain

643

probationers or community controllees who committed sexual

644

offenses against a minor younger than 16 years of age;

645

providing an effective date.

4/15/2008  1:24:00 PM     31-07468C-08