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A bill to be entitled

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An act relating to repeat sexual offenders; amending s.

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947.1405, F.S.; requiring that a person designated as a

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repeat sexual offender be electronically monitored for the

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duration of the person's supervision following conditional

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release; amending s. 948.11, F.S.; requiring that a sexual

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predator or repeat sexual offender be monitored by an

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electronic monitoring system meeting certain designated

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specifications following release on probation, community

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control, or conditional release; amending s. 948.30, F.S.;

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requiring a court to order that a repeat sexual offender

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be electronically monitored as a condition of probation or

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community control; 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.  Subsection (10) of section 947.1405, Florida

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Statutes, is amended to read:

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     947.1405  Conditional release program.--

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     (10)  Effective for a releasee whose crime was committed on

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or after September 1, 2005, in violation of chapter 794, s.

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

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unlawful activity involved a victim who was 15 years of age or

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younger and the offender is 18 years of age or older, or for a

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releasee who is designated as a sexual predator pursuant to s.

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775.21 or who is designated as a repeat sexual offender, in

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addition to any other provision of this section, the commission

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must order electronic monitoring for the duration of the

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releasee's supervision. As used in this subsection, the term

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"repeat sexual offender" means a person who has been convicted

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two or more times of an offense listed in s. 943.0435(1)(a).

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     Section 2.  Subsection (6) of section 948.11, Florida

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Statutes, is amended to read:

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     948.11  Electronic monitoring devices.--

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     (6)  For probationers, community controllees, or conditional

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releasees who have current or prior convictions for violent or

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sexual offenses or who have been designated as sexual predators

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or repeat sexual offenders, the department, in carrying out a

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court or commission order to electronically monitor an offender,

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must use a system that actively monitors and identifies the

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offender's location and timely reports or records the offender's

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presence near or within a crime scene or in a prohibited area or

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the offender's departure from specified geographic limitations.

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Procurement of electronic monitoring services under this

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subsection shall be by invitation to bid as defined in s.

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287.057. As used in this subsection, the term "repeat sexual

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offender" means a person who has been convicted two or more times

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of an offense listed in s. 943.0435(1)(a).

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     Section 3.  Subsection (3) of section 948.30, Florida

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Statutes, is amended 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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     (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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15 years of age or younger and the offender is 18 years of age or

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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) Is designated a repeat sexual offender; or

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

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

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847.0145 and the unlawful sexual activity involved a victim 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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     Section 4.  This act shall take effect July 1, 2008.