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A bill to be entitled

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

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F.S.; revising provisions relating to reimbursement of

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specified costs by sexual predators; requiring that the

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sheriff or chief of police notify any library within a 1-

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mile radius of the residence of a sexual predator;

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prohibiting a sexual predator from working or volunteering

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at a library or business where children regularly

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congregate; providing penalties; requiring the Department

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of Law Enforcement and other specified agencies to

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consider eliminating or modifying two dates on or after

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which a person must be classified as a sexual offender or

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a sexual predator; directing the department to determine

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the effect that the elimination or modification of these

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dates will have on the department and other agencies;

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directing the department to present a report of its

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findings to the President of the Senate and the Speaker of

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the House of Representatives by a specified date;

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providing an effective date.

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

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

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

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section 775.21, Florida Statutes, are amended to read:

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     775.21  The Florida Sexual Predators Act.--

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

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

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

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by victims of sex offenses, provide the state with sufficient

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justification to implement a strategy that includes:

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     1.  Incarcerating sexual predators and maintaining adequate

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facilities to ensure that decisions to release sexual predators

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

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     2.  Providing for specialized supervision of sexual

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predators who are in the community by specially trained probation

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

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948.30. The sexual predator is subject to specified terms and

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conditions implemented at sentencing or at the time of release

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from incarceration, with a requirement that those sexual

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predators found to be indigent may defer payment under s. 28.246

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of all or part of the costs in accordance with that section and

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those sexual predators who are financially able must pay all or

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part of the costs of supervision.

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     3.  Requiring the registration of sexual predators, with a

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requirement that complete and accurate information be maintained

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and accessible for use by law enforcement authorities,

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communities, and the public.

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     4.  Providing for community and public notification

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concerning the presence of sexual predators.

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     5.  Prohibiting sexual predators from working with children,

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either for compensation or as a volunteer.

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     (7)  COMMUNITY AND PUBLIC NOTIFICATION.--

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     (a)  Law enforcement agencies must inform members of the

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

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

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

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sexual predator establishes or maintains a permanent or temporary

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residence shall notify members of the community and the public of

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the presence of the sexual predator in a manner deemed

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

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hours after receiving notification of the presence of a sexual

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

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municipality where the sexual predator temporarily or permanently

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resides shall notify each licensed day care center, elementary

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

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mile radius of the temporary or permanent residence of the sexual

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predator of the presence of the sexual predator. Information

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provided to members of the community and the public regarding a

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sexual predator must include:

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     1.  The name of the sexual predator;

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     2.  A description of the sexual predator, including a

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photograph;

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

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name of the county or municipality if known;

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

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offenses; and

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

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

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

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victim of the sexual predator.

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     (10)  PENALTIES.--

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

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

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regardless of adjudication, any violation, or attempted

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

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

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parent or guardian; s. 794.011, excluding s. 794.011(10); s.

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794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.

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847.0133; s. 847.0145; or s. 985.701(1); or a violation of a

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similar law of another jurisdiction when the victim of the

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offense was a minor, and who works, whether for compensation or

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as a volunteer, at any business, school, day care center, park,

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playground, library, or business or other place where children

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regularly congregate, commits a felony of the third degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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     Section 2. The Department of Law Enforcement, with the

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assistance of the Department of Corrections, the Department of

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Highway Safety and Motor Vehicles, the Department of Juvenile

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

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

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state attorney and public defender in each judicial circuit, the

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Florida Sheriffs Association, and the Florida Legislative

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Committee on Intergovernmental Relations shall examine the

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

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sexual predator criteria set forth in s. 775.21, Florida

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

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

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or modifying those dates to provide for earlier dates. When

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conducting this examination, the department shall evaluate the

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potential effect, including the fiscal impact, that the

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elimination or modification of these dates will have on the

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department, other state agencies, circuit courts, state

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attorneys, public defenders, and local law enforcement agencies.

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The Department of Law Enforcement shall also determine whether

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there are factors, such as incomplete criminal histories and

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court records, which might make the elimination or modification

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

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state's current system for registering sexual predators and

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offenders. The department shall present a report of its findings

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

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Representatives by December 30, 2008.

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     Section 3.  This act shall take effect October 1, 2008.