CS for CS for SB 1430 First Engrossed
20081430e1
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A bill to be entitled
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An act relating to public safety; amending s. 775.21,
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F.S.; revising provisions relating to reimbursement of
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specified costs by sexual predators; revising provisions
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relating to the residence of sexual predators; providing
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criminal penalties; creating s. 775.215, F.S.; specifying
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residency distance limitations for persons convicted of
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certain sexual offenses; preempting certain local
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ordinances and providing for repeal of such ordinances;
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amending s. 775.24, F.S.; revising provisions relating to
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the duty of the court to uphold certain laws; amending s.
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794.065, F.S.; providing additional residency restrictions
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for certain offenders; providing penalties; creating s.
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794.0701, F.S.; providing for enhanced penalties for
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loitering or prowling by persons convicted of certain sex
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offenses; providing definitions; amending s. 947.1405,
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F.S.; providing additional conditional release
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restrictions for certain offenders; providing an
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exemption; amending s. 948.06, F.S.; revising provisions
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relating to probation or community control for sexual
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predators and sexual offenders; amending s. 948.30, F.S.;
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revising provisions relating to terms and conditions of
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probation or community control for certain sex offenses;
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providing additional restrictions for certain probationers
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or community controllees who committed sexual offenses
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against a minor younger than 16 years of age; providing an
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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) 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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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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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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Section 2. Section 775.215, Florida Statutes, is created to
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read:
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775.215 Residency distance limitations for persons
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convicted of certain sexual offenses; local ordinances preempted
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and repealed.--The adoption of residency distance limitations for
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persons convicted of sexual offenses, including, but not limited
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been withheld, is expressly preempted to the state. The
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such residency distance limitations supersede the distance
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limitation 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 before October 1, 2008, are repealed and abolished
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effective October 1, 2008.
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Section 3. Subsection (2) of section 775.24, Florida
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Statutes, is amended to read:
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775.24 Duty of the court to uphold laws governing sexual
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predators and sexual offenders.--
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(2) If a person meets the criteria in this chapter for
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designation as a sexual predator or meets the criteria in s.
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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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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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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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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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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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(b)(2) This subsection section applies to any person
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convicted of an offense listed in subparagraph (a)1. if the
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October 1, 2004.
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(2)(a)1. Any person who has been convicted of a violation
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847.0145, or a violation of a similar law of another
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jurisdiction, committed on or after October 1, 2008, regardless
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of whether adjudication has been withheld, in which the victim of
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the offense was younger than 16 years of age, may not reside
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within 1,500 feet of any school, child care facility, park as
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defined in s. 794.0701, or playground. Any person who is subject
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to subparagraph (1)(a)1. and who establishes a new residence
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after October 1, 2008, is subject to the residency distance
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limitation set forth in this subparagraph.
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2. A person violating this subsection whose conviction of
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an offense listed in subparagraph 1. was classified as:
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a. A felony of the first degree or higher commits a felony
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of the third degree, punishable as provided in s. 775.082 or s.
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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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(b) The distances in this subsection shall be measured in a
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straight line from the offender's place of residence to the
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nearest boundary line of the school, 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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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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(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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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 paragraph (a) of subsection
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(7) of section 947.1405, Florida Statutes, are amended, and
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subsection (11) is added to that section, to read:
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947.1405 Conditional release program.--
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(2)(a) Any inmate who:
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1.(a) Is convicted of a crime committed on or after October
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1, 1988, and before January 1, 1994, and any inmate who is
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convicted of a crime committed on or after January 1, 1994, which
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crime is or was contained in category 1, category 2, category 3,
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or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of
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Criminal Procedure (1993), and who has served at least one prior
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felony commitment at a state or federal correctional institution;
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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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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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c. If the victim was under the age of 18, beginning October
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1, 2008, neither the commission nor the department may approve a
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residence located within 1,000 feet of any designated school bus
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stop or within 1,500 feet of a school, child care facility, park
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as defined in s. 794.0701, playground, or other place where
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children regularly congregate for any releasee who is subject to
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this subparagraph. The distance in this sub-subparagraph shall be
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measured in a straight line from the offender's place of
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residence to the nearest boundary line of any designated school
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bus stop, school, child care facility, park as defined in s.
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794.0701, playground, or other place where children regularly
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congregate. The distance may not be measured by a pedestrian
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route or automobile route.
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3. Active participation in and successful completion of a
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sex offender treatment program with qualified practitioners
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specifically trained to treat sex offenders, at the releasee's
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own expense. If a qualified practitioner is not available within
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a 50-mile radius of the releasee's residence, the offender shall
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participate in other appropriate therapy.
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4. A prohibition on any contact with the victim, directly
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or indirectly, including through a third person, unless approved
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by the victim, the offender's therapist, and the sentencing
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court.
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5. If the victim was under the age of 18, a prohibition
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against contact with children under the age of 18 without review
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and approval by the commission. The commission may approve
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supervised contact with a child under the age of 18 if the
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approval is based upon a recommendation for contact issued by a
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qualified practitioner who is basing the recommendation on a risk
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assessment. Further, the sex offender must be currently enrolled
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in or have successfully completed a sex offender therapy program.
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The commission may not grant supervised contact with a child if
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the contact is not recommended by a qualified practitioner and
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may deny supervised contact with a child at any time. When
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considering whether to approve supervised contact with a child,
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the commission must review and consider the following:
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a. A risk assessment completed by a qualified practitioner.
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The qualified practitioner must prepare a written report that
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must include the findings of the assessment and address each of
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the following components:
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(I) The sex offender's current legal status;
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(II) The sex offender's history of adult charges with
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apparent sexual motivation;
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(III) The sex offender's history of adult charges without
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apparent sexual motivation;
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(IV) The sex offender's history of juvenile charges,
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whenever available;
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(V) The sex offender's offender treatment history,
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including a consultation from the sex offender's treating, or
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most recent treating, therapist;
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(VI) The sex offender's current mental status;
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(VII) The sex offender's mental health and substance abuse
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history as provided by the Department of Corrections;
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(VIII) The sex offender's personal, social, educational,
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and work history;
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(IX) The results of current psychological testing of the
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sex offender if determined necessary by the qualified
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practitioner;
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(X) A description of the proposed contact, including the
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location, frequency, duration, and supervisory arrangement;
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(XI) The child's preference and relative comfort level with
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the proposed contact, when age-appropriate;
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(XII) The parent's or legal guardian's preference regarding
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the proposed contact; and
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(XIII) The qualified practitioner's opinion, along with the
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basis for that opinion, as to whether the proposed contact would
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likely pose significant risk of emotional or physical harm to the
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child.
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The written report of the assessment must be given to the
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commission.
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b. A recommendation made as a part of the risk-assessment
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report as to whether supervised contact with the child should be
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approved;
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c. A written consent signed by the child's parent or legal
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guardian, if the parent or legal guardian is not the sex
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offender, agreeing to the sex offender having supervised contact
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with the child after receiving full disclosure of the sex
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offender's present legal status, past criminal history, and the
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results of the risk assessment. The commission may not approve
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contact with the child if the parent or legal guardian refuses to
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give written consent for supervised contact;
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d. A safety plan prepared by the qualified practitioner,
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who provides treatment to the offender, in collaboration with the
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sex offender, the child's parent or legal guardian, and the
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child, when age appropriate, which details the acceptable
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conditions of contact between the sex offender and the child. The
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safety plan must be reviewed and approved by the Department of
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Corrections before being submitted to the commission; and
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e. Evidence that the child's parent or legal guardian, if
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the parent or legal guardian is not the sex offender, understands
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the need for and agrees to the safety plan and has agreed to
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provide, or to designate another adult to provide, constant
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supervision any time the child is in contact with the offender.
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The commission may not appoint a person to conduct a risk
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assessment and may not accept a risk assessment from a person who
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has not demonstrated to the commission that he or she has met the
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requirements of a qualified practitioner as defined in this
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section.
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6. If the victim was under age 18, a prohibition on working
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for pay or as a volunteer at any 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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(11) For a releasee whose crime was committed on or after
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October 1, 2008, the commission must, in addition to all other
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provisions of this section, impose the standard conditions in
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paragraph (b) on the following releasees:
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(a) A releasee whose crime was committed on or after
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October 1, 2008, in violation of s. 800.04(4), (5), or (6); s.
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another jurisdiction when, at the time of the offense, the victim
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was younger than 16 years of age and the releasee was 18 years of
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age or older.
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(b) A releasee who is designated as a sexual predator under
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s. 775.21 or who has received a similar designation or
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determination in another jurisdiction.
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(c) A releasee subject to registration as a sexual predator
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committed an offense that would meet the criteria for the
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designation or registration when at the time of the offense the
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victim was younger than 16 years of age and the releasee was 18
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years of age or older, who commits a violation of s. 775.21 or s.
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943.0435 on or after October 1, 2008, and who is not otherwise
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subject to this subsection.
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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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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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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
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are binding on the court that granted the probation or community
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control. Upon the probationer or offender being brought before
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it, the court that granted the probation or community control may
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revoke, modify, or continue the probation or community control or
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may place the probationer into community control as provided in
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this section. However, the probationer or offender shall not be
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released and shall not be admitted to bail, but shall be brought
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before the court that granted the probation or community control
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if any violation of felony probation or community control other
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than a failure to pay costs or fines or make restitution payments
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is alleged to have been committed by:
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(a) A violent felony offender of special concern, as
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defined in this section;
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(b) A person who is on felony probation or community
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control for any offense committed on or after the effective date
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of this act and who is arrested for a qualifying offense as
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defined in this section; or
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(c) A person who is on felony probation or community
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control and has previously been found by a court to be a habitual
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violent felony offender as defined in s. 775.084(1)(b), a three-
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time violent felony offender as defined in s. 775.084(1)(c), or a
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sexual predator under s. 775.21, and who is arrested for
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committing a qualifying offense as defined in this section on or
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after the effective date of this act.
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Section 8. Paragraph (b) of subsection (1) and subsection
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(3) of section 948.30, Florida Statutes, are amended, and
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subsection (4) is added to that section, to read:
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948.30 Additional terms and conditions of probation or
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community control for certain sex offenses.--Conditions imposed
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pursuant to this section do not require oral pronouncement at the
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time of sentencing and shall be considered standard conditions of
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probation or community control for offenders specified in this
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section.
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(1) Effective for probationers or community controllees
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whose crime was committed on or after October 1, 1995, and who
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are placed under supervision for violation of chapter 794, s.
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following conditions in addition to all other standard and
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special conditions imposed:
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(b)1. Except as provided in subparagraph 2., if the victim
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was under the age of 18, a prohibition on living within 1,000
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feet of a school, child care facility day care center, park as
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defined in s. 794.0701, playground, or other place where children
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regularly congregate, as prescribed by the court. The 1,000-foot
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distance shall be measured in a straight line from the offender's
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place of residence to the nearest boundary line of the school,
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child care facility day care center, park as defined in s.
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794.0701, playground, or other place where children regularly
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congregate. The distance may not be measured by a pedestrian
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route or automobile route.
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2. For a probationer or community controllee whose crime
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was committed on or after October 1, 2008, if the victim was
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younger than 18 years of age, a prohibition on living within
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1,500 feet of a school, child care facility, park as defined in
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s. 794.0701, playground, or other place where children regularly
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congregate, as prescribed by the court. This distance shall be
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measured in a straight line from the offender's place of
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residence to the nearest boundary line of the school, child care
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facility, park as defined in s. 794.0701, playground, or other
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place where children regularly congregate. The distance may not
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be measured by a pedestrian route or automobile route.
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(3) Effective for a probationer or community controllee
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whose crime was committed on or after September 1, 2005, and who:
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(a) Is placed on probation or community control for a
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or s. 847.0145 and the unlawful sexual activity involved a victim
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younger than 16 15 years of age or younger and the offender is 18
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years of age or older;
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(b) Is designated a sexual predator pursuant to s. 775.21;
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or
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(c) Has previously been convicted of a violation of chapter
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the unlawful sexual activity involved a victim younger than 16 15
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years of age or younger and the offender is 18 years of age or
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older,
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the court must order, in addition to any other provision of this
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section, mandatory electronic monitoring as a condition of the
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probation or community control supervision.
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(4) The court must, in addition to all other provisions of
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this section, impose the standard conditions in paragraph (1)(b)
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on the following probationers or community controllees whose
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crime was committed on or after October 1, 2008:
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(a) A probationer or community controllee who violated s.
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or committed a similar offense in another jurisdiction when, at
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the time of the offense, the victim was younger than 16 years of
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age and the probationer or community controllee was 18 years of
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age or older.
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(b) A probationer or community controllee who is designated
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as a sexual predator under s. 775.21 or who has received a
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similar designation or determination in another jurisdiction.
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(c) A probationer or community controllee subject to
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registration as a sexual predator under s. 775.21 or as a sexual
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offender pursuant to s. 943.0435 who has committed an offense
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that would meet the criteria for the designation or registration
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when at the time of the offense the victim was younger than 16
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years of age and the probationer or community controllee was 18
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years of age or older, who commits a violation of s. 775.21 or s.
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943.0435 on or after October 1, 2008, and who is not otherwise
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subject to this subsection.
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Section 9. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.