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The Committee on Criminal Justice (Crist) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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Section 1.  Paragraph (b) of subsection (3) of section

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

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read:

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     775.215 Residency distance limitations for persons

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convicted of certain sexual offenses; local ordinances preempted

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and repealed.--The adoption of residency distance limitations for

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persons convicted of sexual offenses, including, but not limited

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

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

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been withheld, is expressly preempted to the state. The

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

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distance limitations supersede the distance limitations included

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in any such municipal or county ordinances. Any such residency

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distance limitations adopted by a county or municipality prior to

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October 1, 2008, are hereby repealed and abolished as of October

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1, 2008.

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

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Statutes, is amended to read:

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     775.24  Duty of the court to uphold laws governing sexual

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predators and sexual offenders.--

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

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

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

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

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

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other reason, which:

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

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as a sexual predator or classification as a sexual offender from

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such designation or classification;, or exempts such person from

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the requirements for registration or community and public

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notification imposed upon sexual predators and sexual offenders;

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exempts such person from the distance limitations contained in

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

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the provisions of s. 794.0701;

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

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public records information that relates to sexual predators or

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sexual offenders; or

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     (c)  Prevents any person or entity from performing its

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duties or operating within its statutorily conferred authority as

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such duty or authority relates to sexual predators or sexual

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offenders.

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

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read:

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     794.065  Unlawful place of residence for persons convicted

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of certain sex offenses.--

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

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

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s. 847.0145, regardless of whether adjudication has been

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

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

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center, park, or playground.

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     2. A person who violates this subsection section and whose

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

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

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

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

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775.083. A person who violates this section and whose conviction

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

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classified as

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

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

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775.082 or s. 775.083.

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

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

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

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

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October 1, 2004.

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

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

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

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

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

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

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playground.

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     2. A person violating this subsection whose conviction of

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an offense listed in subparagraph 1. was classified as:

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

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

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775.083.

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

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

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775.082 or s. 775.083.

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

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

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

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playground.

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     Section 5.  Section 794.0701, Florida Statutes, is created

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to read:

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     794.0701 Loitering or prowling by persons convicted of

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certain sex offenses.--Any person who:

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

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

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regardless of whether adjudication has been withheld, in which

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

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

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300 feet of a place where children regularly congregate,

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

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bus stop, day care center, playground or park

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commits a misdemeanor of the first degree, punishable as provided

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in s. 775.082 or s. 775.083.

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     Section 6.  Section 4.  Paragraph (a) of subsection (7) of

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section 947.1405, Florida Statutes, are amended, and subsection

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

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     947.1405  Conditional release program.--

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

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

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

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

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subject to conditional release supervision, shall have, in

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addition to any other conditions imposed, the following special

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conditions imposed by the commission:

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

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

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precludes the above specified time, and such alternative is

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recommended by the Department of Corrections. If the commission

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determines that imposing a curfew would endanger the victim, the

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commission may consider alternative sanctions.

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

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

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playground, designated public school bus stop, or other place

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where children regularly congregate. A releasee who is subject to

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this subparagraph may not relocate to a residence that is within

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1,000 feet of a public school bus stop.

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

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department may not approve a residence that is located within

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

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designated school bus stop, or other place where children

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regularly congregate for any releasee who is subject to this

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

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each affected school district of the location of the residence of

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

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releasee relocates to a new residence, shall notify any affected

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school district of the residence of the releasee within 30 days

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

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

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such releasee, the district school board shall relocate that

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

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board may not establish or relocate a public school bus stop

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

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

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comply with this subparagraph shall not result in a violation of

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conditional release supervision.

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     c. 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 1,500 feet of a school, day care center,

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park, playground, designated school bus stop, or other place

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where children regularly congregate for any releasee who is

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subject to this subparagraph. The distance in this sub-

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subparagraph shall be measured in a straight line from the

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

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

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children regularly congregate. The distance may not be measured

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by a pedestrian route or automobile route.

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     3.  Active participation in and successful completion of a

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sex offender treatment program with qualified practitioners

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

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own expense. If a qualified practitioner is not available within

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

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participate in other appropriate therapy.

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

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or indirectly, including through a third person, unless approved

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

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court.

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

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against contact with children under the age of 18 without review

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and approval by the commission. The commission may approve

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

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approval is based upon a recommendation for contact issued by a

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qualified practitioner who is basing the recommendation on a risk

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assessment. Further, the sex offender must be currently enrolled

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in or have successfully completed a sex offender therapy program.

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The commission may not grant supervised contact with a child if

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the contact is not recommended by a qualified practitioner and

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

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considering whether to approve supervised contact with a child,

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the commission must review and consider the following:

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     a.  A risk assessment completed by a qualified practitioner.

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The qualified practitioner must prepare a written report that

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must include the findings of the assessment and address each of

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the following components:

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

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

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apparent sexual motivation;

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

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apparent sexual motivation;

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

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whenever available;

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

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

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most recent treating, therapist;

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

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

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history as provided by the Department of Corrections;

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

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and work history;

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     (IX)  The results of current psychological testing of the

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sex offender if determined necessary by the qualified

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practitioner;

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

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location, frequency, duration, and supervisory arrangement;

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

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the proposed contact, when age-appropriate;

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

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the proposed contact; and

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

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

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likely pose significant risk of emotional or physical harm to the

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child.

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The written report of the assessment must be given to the

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commission.

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

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report as to whether supervised contact with the child should be

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approved;

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

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

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offender, agreeing to the sex offender having supervised contact

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with the child after receiving full disclosure of the sex

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

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results of the risk assessment. The commission may not approve

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

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give written consent for supervised contact;

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     d.  A safety plan prepared by the qualified practitioner,

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who provides treatment to the offender, in collaboration with the

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

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child, when age appropriate, which details the acceptable

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

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safety plan must be reviewed and approved by the Department of

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Corrections before being submitted to the commission; and

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

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

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

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provide, or to designate another adult to provide, constant

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

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The commission may not appoint a person to conduct a risk

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

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

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requirements of a qualified practitioner as defined in this

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section.

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

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

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playground, or other place where children regularly congregate,

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as prescribed by the commission.

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     7.  Unless otherwise indicated in the treatment plan

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provided by the sexual offender treatment program, a prohibition

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

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sexually stimulating visual or auditory material, including

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

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

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other provisions of this section, impose the special conditions

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in paragraph (b) on the following releasees:

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     1. A releasee whose crime was committed on or after October

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1, 2008, in violation of s. 800.04(4), (5), or (6); s. 827.071;

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or s. 847.0145 in this state or a similar offense in another

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

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under 16 years of age and the releasee was 18 years of age or

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older.

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     2. 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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     3. A releasee subject to registration as a sexual predator

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

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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 under 16 years of age and the releasee was 18 years of

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age or older, who commits a violation of s. 775.21 or s. 943.0435

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

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this paragraph.

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     (b) The commission must order a prohibition on distributing

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candy or other items to children on Halloween, wearing a Santa

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Claus costume on or preceding Christmas, wearing an Easter Bunny

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costume on or preceding Easter, entertaining at children's

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parties, or wearing a clown costume without prior approval from

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the commission.

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     Section 7.  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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800.04, s. 827.071, or s. 847.0145, the court must impose the

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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, day care center, park, playground, or other

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place where children regularly congregate, as prescribed by the

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

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

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

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or other place where children regularly congregate. The distance

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may not be measured by a pedestrian 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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under the age of 18, a prohibition on living within 1,500 feet of

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

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children regularly congregate, as prescribed by the court. This

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

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regularly congregate. The distance may not be measured by a

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

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

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

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

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the unlawful sexual activity involved a victim under 16 15 years

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of age or younger and the offender is 18 years of age or 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)(a) The court must, in addition to all other provisions

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of this section, impose the special conditions in paragraph (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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     1. A probationer or community controllee who violated s.

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

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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 under 16 years of age and

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the probationer or community controllee was 18 years of age or

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older.

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     2. 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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     3. 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 under 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, who commits a violation of s. 775.21 or s. 943.0435

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

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this paragraph.

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     (b) The court must order a prohibition on distributing

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candy or other items to children on Halloween, wearing a Santa

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Claus costume on or preceding Christmas, wearing an Easter Bunny

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costume on or preceding Easter, entertaining at children's

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parties, or wearing a clown costume without prior approval from

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the court.

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     Section 8.  This act shall take effect October 1, 2008.

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

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to sexual offenders and predators;

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amending s. 775.21, F.S.; revising provisions relating to

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reimbursement of specified costs by sexual predators;

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creating s. 775.215, F.S.; specifying residency distance

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limitations for persons convicted of certain sexual

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offenses; preempting certain local ordinances and

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providing for repeal of such ordinances; amending s.

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775.24, F.S.; revising provisions relating to the duty of

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the court to uphold certain laws; amending s. 794.065,

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F.S.; providing additional residency restrictions on

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

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conditional release restrictions for certain offenders;

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amending s. 948.30, F.S.; revising provisions relating to

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terms and conditions of probation or community control for

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certain sex offenses; providing additional restrictions

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for certain probationers or community controllees who

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committed sexual offenses with minors under the age of

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16;; providing an effective date.

4/21/2008  8:05:00 AM     CJ.CJ.08033