Florida Senate - 2008 CS for SB 2490
By the Committee on Criminal Justice; and Senator Crist
591-08242-08 20082490c1
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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 16;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (b) of subsection (3) 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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been withheld, is expressly preempted to the state. The
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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 repealed and abolished as of October 1,
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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 distance limitations contained in
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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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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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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. It is unlawful for any person who has been
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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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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, 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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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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Section 6. Section 4. Paragraph (a) of subsection (7) of
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section 947.1405, Florida Statutes, is 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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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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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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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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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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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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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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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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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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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.
CODING: Words stricken are deletions; words underlined are additions.