Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 320
Barcode 492836
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/14/2009 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Community Affairs (Deutch) recommended the
following:
1 Senate Amendment (with title amendment)
2
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 775.215, Florida Statutes, is created to
7 read:
8 775.215 Preemption of local residency limits for a person
9 convicted of a sexual offense.—The authority to limit the
10 residence of a person convicted of a sexual offense is expressly
11 preempted to the state. The term “sexual offense” as used in
12 this section includes, but is not limited to, a violation of s.
13 787.01, s. 787.02, s. 794.011, s. 800.04, s. 827.071, or s.
14 847.0145, regardless of whether adjudication has been withheld.
15 Section 2. Section 794.065, Florida Statutes, is amended to
16 read:
17 794.065 Unlawful place of residence for persons convicted
18 of certain sex offenses.—
19 (1)(a)1. It is unlawful for any person who has been
20 convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
21 s. 847.0135(5), or s. 847.0145, regardless of whether
22 adjudication has been withheld, in which the victim of the
23 offense was less than 16 years of age, to reside within 1,000
24 feet of any school, child care facility day care center, park,
25 or playground.
26 2. A person who violates this subsection commits: section
27 and whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
28 847.0135(5), or s. 847.0145 was classified as A felony of the
29 first degree or higher commits
30 a. A felony of the third degree, punishable as provided in
31 s. 775.082 or s. 775.083, if the person’s conviction under
32 subparagraph 1. was for a felony of the first degree or higher.
33 A person who violates this section and whose conviction under s.
34 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145
35 was classified as A felony of the second or third degree commits
36 b. A misdemeanor of the first degree, punishable as
37 provided in s. 775.082 or s. 775.083, if the person’s conviction
38 under subparagraph 1. was for a felony of the second or third
39 degree.
40 (b)(2) This subsection section applies to any person
41 convicted of an offense listed in subparagraph (a)1. if the
42 offense occurred a violation of s. 794.011, s. 800.04, s.
43 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur
44 on or after October 1, 2004.
45 (2)(a) A person may not reside within 1,500 feet of a
46 school, child care facility, park, or playground if the person:
47 1. Has been convicted, regardless of whether adjudication
48 has been withheld, of a violation of s. 787.01, s. 787.02, s.
49 794.011, s. 800.04, s. 827.071, or s. 847.0145, or a violation
50 of a similar law of another jurisdiction, for an offense that
51 was committed on or after October 1, 2009, against a victim who
52 was younger than age 16; or
53 2. Is subject to the residency restrictions under
54 subparagraph (1)(a)1. and establishes a new residence after
55 October 1, 2009.
56 (b) A person who violates this subsection commits:
57 1. A felony of the third degree, punishable as provided in
58 s. 775.082 or s. 775.083, if the person’s conviction under
59 subparagraph (a)1. was for a felony of the first degree or
60 higher.
61 2. A misdemeanor of the first degree, punishable as
62 provided in s. 775.082 or s. 775.083, if the person’s conviction
63 under subparagraph (a)1. was for a felony of the second or third
64 degree.
65 (c) The distances in this subsection must be measured in a
66 straight line from the offender’s place of residence to the
67 nearest boundary line of the school, child care facility, park,
68 or playground.
69 Section 3. Section 856.022, Florida Statutes, is created to
70 read:
71 856.022 Loitering or prowling by certain offenders in close
72 proximity to children; penalty.—
73 (1) This section applies to an offender convicted of
74 committing, or attempting, soliciting, or conspiring to commit,
75 any of the criminal offenses proscribed in the following
76 statutes in this state or similar offenses in another
77 jurisdiction against a victim who was under the age of 18 at the
78 time of the offense: s. 787.01, s. 787.02, or s. 787.025(2)(c),
79 if the victim is a minor and the offender was not the victim’s
80 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
81 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
82 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
83 847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any
84 similar offense committed in this state which has been
85 redesignated from a former statute number to one of those listed
86 in this subsection, if the offender has not received a pardon
87 for any felony or similar law of another jurisdiction necessary
88 for the operation of this subsection and a conviction of a
89 felony or similar law of another jurisdiction necessary for the
90 operation of this subsection has not been set aside in any
91 postconviction proceeding.
92 (2) An offender described in subsection (1) commits
93 loitering and prowling by a person convicted of a sexual offense
94 against a minor if, in committing loitering and prowling, he or
95 she is within 300 feet of a place where children regularly
96 congregate, including, but not limited to, a school, child care
97 facility, playground, or park.
98 (3) It is unlawful for an offender described in subsection
99 (1) to:
100 (a) Knowingly approach, contact, or communicate with a
101 child under 18 years of age in any public park building or on
102 real property comprising any public park or playground with
103 intent to engage in conduct of a sexual nature, or to make a
104 communication of any type containing any content of a sexual
105 nature. This paragraph applies only to an offender described in
106 subsection (1) whose offense was committed on or after July 1,
107 2009.
108 (b)1. Knowingly be present in any child care facility or
109 pre-K through 12 school or on real property comprising any child
110 care facility or pre-K through 12 school when the child care
111 facility or school is in operation, unless the offender has
112 provided written notification of his or her intent to be present
113 to the school board, superintendent, principal, or child care
114 facility owner.
115 2. Fail to notify the child care facility owner or the
116 principal’s office when he or she arrives and departs the child
117 care facility or school.
118 3. Fail to remain under direct supervision of a school
119 official or designated chaperone when present in the vicinity of
120 children. As used in this subparagraph, the term “school
121 official” means a principal, a school resource officer, a
122 teacher or any other employee of the school, the superintendent
123 of schools, a member of the school board, a child care facility
124 owner, or a child care provider.
125 (4) The offender is not in violation of subsection (3) if:
126 (a) The child care facility or school is a voting location
127 and the offender is present for the purpose of voting during the
128 hours designated for voting; or
129 (b) The offender is only dropping off or picking up his or
130 her own children or grandchildren at the child care facility or
131 school.
132 (5) Any person who violates this section commits a
133 misdemeanor of the first degree, punishable as provided in s.
134 775.082 or s. 775.083.
135 Section 4. Paragraph (g) of subsection (2), paragraphs (a)
136 and (c) of subsection (4), paragraph (a) of subsection (5),
137 paragraphs (a), (f), (g), (i), and (j) of subsection (6),
138 paragraph (a) of subsection (7), and paragraph (a) of subsection
139 (8) of section 775.21, Florida Statutes, are amended, and
140 paragraph (l) is added to subsection (2) of that section, to
141 read:
142 775.21 The Florida Sexual Predators Act.—
143 (2) DEFINITIONS.—As used in this section, the term:
144 (g) “Temporary residence” means a place where the person
145 abides, lodges, or resides, including, but not limited to,
146 vacation, business, or personal travel destinations in or out of
147 this state, for a period of 5 or more days in the aggregate
148 during any calendar year and which is not the person’s permanent
149 address or, for a person whose permanent residence is not in
150 this state, a place where the person is employed, practices a
151 vocation, or is enrolled as a student for any period of time in
152 this state.
153 (l) “Transient residence” means a place or county where a
154 person lives, remains, or is located for a period of 5 or more
155 days in the aggregate during a calendar year and which is not
156 the person’s permanent or temporary address. The term includes,
157 but is not limited to, a place where the person sleeps or seeks
158 shelter and a location that has no specific street address.
159 (4) SEXUAL PREDATOR CRITERIA.—
160 (a) For a current offense committed on or after October 1,
161 1993, upon conviction, an offender shall be designated as a
162 “sexual predator” under subsection (5), and subject to
163 registration under subsection (6) and community and public
164 notification under subsection (7) if:
165 1. The felony is:
166 a. A capital, life, or first-degree felony violation, or
167 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
168 is a minor and the defendant is not the victim’s parent or
169 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
170 violation of a similar law of another jurisdiction; or
171 b. Any felony violation, or any attempt thereof, of s.
172 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
173 minor and the defendant is not the victim’s parent or guardian;
174 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
175 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
176 847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a
177 similar law of another jurisdiction, and the offender has
178 previously been convicted of or found to have committed, or has
179 pled nolo contendere or guilty to, regardless of adjudication,
180 any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
181 where the victim is a minor and the defendant is not the
182 victim’s parent or guardian; s. 794.011, excluding s.
183 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
184 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
185 847.0135(6) s. 847.0135(4); s. 847.0145; or s. 985.701(1); or a
186 violation of a similar law of another jurisdiction;
187 2. The offender has not received a pardon for any felony or
188 similar law of another jurisdiction that is necessary for the
189 operation of this paragraph; and
190 3. A conviction of a felony or similar law of another
191 jurisdiction necessary to the operation of this paragraph has
192 not been set aside in any postconviction proceeding.
193 (c) If an offender has been registered as a sexual predator
194 by the Department of Corrections, the department, or any other
195 law enforcement agency and if:
196 1. The court did not, for whatever reason, make a written
197 finding at the time of sentencing that the offender was a sexual
198 predator; or
199 2. The offender was administratively registered as a sexual
200 predator because the Department of Corrections, the department,
201 or any other law enforcement agency obtained information that
202 indicated that the offender met the criteria for designation as
203 a sexual predator based on a violation of a similar law in
204 another jurisdiction,
205
206 the department shall remove that offender from the department’s
207 list of sexual predators and, for an offender described under
208 subparagraph 1., shall notify the state attorney who prosecuted
209 the offense that met the criteria for administrative designation
210 as a sexual predator, and, for an offender described under this
211 paragraph, shall notify the state attorney of the county where
212 the offender establishes or maintains a permanent, or temporary,
213 or transient residence. The state attorney shall bring the
214 matter to the court’s attention in order to establish that the
215 offender meets the criteria for designation as a sexual
216 predator. If the court makes a written finding that the offender
217 is a sexual predator, the offender must be designated as a
218 sexual predator, must register or be registered as a sexual
219 predator with the department as provided in subsection (6), and
220 is subject to the community and public notification as provided
221 in subsection (7). If the court does not make a written finding
222 that the offender is a sexual predator, the offender may not be
223 designated as a sexual predator with respect to that offense and
224 is not required to register or be registered as a sexual
225 predator with the department.
226 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
227 as a sexual predator as follows:
228 (a)1. An offender who meets the sexual predator criteria
229 described in paragraph (4)(d) is a sexual predator, and the
230 court shall make a written finding at the time such offender is
231 determined to be a sexually violent predator under chapter 394
232 that such person meets the criteria for designation as a sexual
233 predator for purposes of this section. The clerk shall transmit
234 a copy of the order containing the written finding to the
235 department within 48 hours after the entry of the order;
236 2. An offender who meets the sexual predator criteria
237 described in paragraph (4)(a) who is before the court for
238 sentencing for a current offense committed on or after October
239 1, 1993, is a sexual predator, and the sentencing court must
240 make a written finding at the time of sentencing that the
241 offender is a sexual predator, and the clerk of the court shall
242 transmit a copy of the order containing the written finding to
243 the department within 48 hours after the entry of the order; or
244 3. If the Department of Corrections, the department, or any
245 other law enforcement agency obtains information which indicates
246 that an offender who establishes or maintains a permanent, or
247 temporary, or transient residence in this state meets the sexual
248 predator criteria described in paragraph (4)(a) or paragraph
249 (4)(d) because the offender was civilly committed or committed a
250 similar violation in another jurisdiction on or after October 1,
251 1993, the Department of Corrections, the department, or the law
252 enforcement agency shall notify the state attorney of the county
253 where the offender establishes or maintains a permanent, or
254 temporary, or transient residence of the offender’s presence in
255 the community. The state attorney shall file a petition with the
256 criminal division of the circuit court for the purpose of
257 holding a hearing to determine if the offender’s criminal record
258 or record of civil commitment from another jurisdiction meets
259 the sexual predator criteria. If the court finds that the
260 offender meets the sexual predator criteria because the offender
261 has violated a similar law or similar laws in another
262 jurisdiction, the court shall make a written finding that the
263 offender is a sexual predator.
264
265 When the court makes a written finding that an offender is a
266 sexual predator, the court shall inform the sexual predator of
267 the registration and community and public notification
268 requirements described in this section. Within 48 hours after
269 the court designating an offender as a sexual predator, the
270 clerk of the circuit court shall transmit a copy of the court’s
271 written sexual predator finding to the department. If the
272 offender is sentenced to a term of imprisonment or supervision,
273 a copy of the court’s written sexual predator finding must be
274 submitted to the Department of Corrections.
275 (6) REGISTRATION.—
276 (a) A sexual predator must register with the department
277 through the sheriff’s office by providing the following
278 information to the department:
279 1. Name, social security number, age, race, sex, date of
280 birth, height, weight, hair and eye color, photograph, address
281 of legal residence and address of any current temporary
282 residence, within the state or out of state, including a rural
283 route address and a post office box, if no permanent or
284 temporary address, any transient residence within the state,
285 address, location or description, and dates of any current or
286 known future temporary residence within the state or out of
287 state, any electronic mail address and any instant message name
288 required to be provided pursuant to subparagraph (g)4., date and
289 place of any employment, date and place of each conviction,
290 fingerprints, and a brief description of the crime or crimes
291 committed by the offender. A post office box shall not be
292 provided in lieu of a physical residential address.
293 a. If the sexual predator’s place of residence is a motor
294 vehicle, trailer, mobile home, or manufactured home, as defined
295 in chapter 320, the sexual predator shall also provide to the
296 department written notice of the vehicle identification number;
297 the license tag number; the registration number; and a
298 description, including color scheme, of the motor vehicle,
299 trailer, mobile home, or manufactured home. If a sexual
300 predator’s place of residence is a vessel, live-aboard vessel,
301 or houseboat, as defined in chapter 327, the sexual predator
302 shall also provide to the department written notice of the hull
303 identification number; the manufacturer’s serial number; the
304 name of the vessel, live-aboard vessel, or houseboat; the
305 registration number; and a description, including color scheme,
306 of the vessel, live-aboard vessel, or houseboat.
307 b. If the sexual predator is enrolled, employed, or
308 carrying on a vocation at an institution of higher education in
309 this state, the sexual predator shall also provide to the
310 department the name, address, and county of each institution,
311 including each campus attended, and the sexual predator’s
312 enrollment or employment status. Each change in enrollment or
313 employment status shall be reported in person at the sheriff’s
314 office, or the Department of Corrections if the sexual predator
315 is in the custody or control of or under the supervision of the
316 Department of Corrections, within 48 hours after any change in
317 status. The sheriff or the Department of Corrections shall
318 promptly notify each institution of the sexual predator’s
319 presence and any change in the sexual predator’s enrollment or
320 employment status.
321 2. Any other information determined necessary by the
322 department, including criminal and corrections records;
323 nonprivileged personnel and treatment records; and evidentiary
324 genetic markers when available.
325 (f) Within 48 hours after the registration required under
326 paragraph (a) or paragraph (e), a sexual predator who is not
327 incarcerated and who resides in the community, including a
328 sexual predator under the supervision of the Department of
329 Corrections, shall register in person at a driver’s license
330 office of the Department of Highway Safety and Motor Vehicles
331 and shall present proof of registration. At the driver’s license
332 office the sexual predator shall:
333 1. If otherwise qualified, secure a Florida driver’s
334 license, renew a Florida driver’s license, or secure an
335 identification card. The sexual predator shall identify himself
336 or herself as a sexual predator who is required to comply with
337 this section, provide his or her place of permanent, or
338 temporary, or transient residence, including a rural route
339 address and a post office box, and submit to the taking of a
340 photograph for use in issuing a driver’s license, renewed
341 license, or identification card, and for use by the department
342 in maintaining current records of sexual predators. A post
343 office box shall not be provided in lieu of a physical
344 residential address. If the sexual predator’s place of residence
345 is a motor vehicle, trailer, mobile home, or manufactured home,
346 as defined in chapter 320, the sexual predator shall also
347 provide to the Department of Highway Safety and Motor Vehicles
348 the vehicle identification number; the license tag number; the
349 registration number; and a description, including color scheme,
350 of the motor vehicle, trailer, mobile home, or manufactured
351 home. If a sexual predator’s place of residence is a vessel,
352 live-aboard vessel, or houseboat, as defined in chapter 327, the
353 sexual predator shall also provide to the Department of Highway
354 Safety and Motor Vehicles the hull identification number; the
355 manufacturer’s serial number; the name of the vessel, live
356 aboard vessel, or houseboat; the registration number; and a
357 description, including color scheme, of the vessel, live-aboard
358 vessel, or houseboat.
359 2. Pay the costs assessed by the Department of Highway
360 Safety and Motor Vehicles for issuing or renewing a driver’s
361 license or identification card as required by this section. The
362 driver’s license or identification card issued to the sexual
363 predator must be in compliance with s. 322.141(3).
364 3. Provide, upon request, any additional information
365 necessary to confirm the identity of the sexual predator,
366 including a set of fingerprints.
367 (g)1. Each time a sexual predator’s driver’s license or
368 identification card is subject to renewal, and, without regard
369 to the status of the predator’s driver’s license or
370 identification card, within 48 hours after any change of the
371 predator’s residence or change in the predator’s name by reason
372 of marriage or other legal process, the predator shall report in
373 person to a driver’s license office and shall be subject to the
374 requirements specified in paragraph (f). The Department of
375 Highway Safety and Motor Vehicles shall forward to the
376 department and to the Department of Corrections all photographs
377 and information provided by sexual predators. Notwithstanding
378 the restrictions set forth in s. 322.142, the Department of
379 Highway Safety and Motor Vehicles is authorized to release a
380 reproduction of a color-photograph or digital-image license to
381 the Department of Law Enforcement for purposes of public
382 notification of sexual predators as provided in this section.
383 2. A sexual predator who vacates a permanent, temporary, or
384 transient residence and fails to establish or maintain another
385 permanent or temporary residence shall, within 48 hours after
386 vacating the permanent, temporary, or transient residence,
387 report in person to the sheriff’s office of the county in which
388 he or she is located. The sexual predator shall specify the date
389 upon which he or she intends to or did vacate such residence.
390 The sexual predator must provide or update all of the
391 registration information required under paragraph (a). The
392 sexual predator must provide an address for the residence or
393 other place location that he or she is or will be located
394 occupying during the time in which he or she fails to establish
395 or maintain a permanent or temporary residence.
396 3. A sexual predator who remains at a permanent, temporary,
397 or transient residence after reporting his or her intent to
398 vacate such residence shall, within 48 hours after the date upon
399 which the predator indicated he or she would or did vacate such
400 residence, report in person to the sheriff’s office to which he
401 or she reported pursuant to subparagraph 2. for the purpose of
402 reporting his or her address at such residence. When the sheriff
403 receives the report, the sheriff shall promptly convey the
404 information to the department. An offender who makes a report as
405 required under subparagraph 2. but fails to make a report as
406 required under this subparagraph commits a felony of the second
407 degree, punishable as provided in s. 775.082, s. 775.083, or s.
408 775.084.
409 4. A sexual predator must register any electronic mail
410 address or instant message name with the department prior to
411 using such electronic mail address or instant message name on or
412 after October 1, 2007. The department shall establish an online
413 system through which sexual predators may securely access and
414 update all electronic mail address and instant message name
415 information.
416 (i) A sexual predator who intends to establish a permanent,
417 temporary, or transient residence in another state or
418 jurisdiction other than the State of Florida shall report in
419 person to the sheriff of the county of current residence within
420 48 hours before the date he or she intends to leave this state
421 to establish residence in another state or jurisdiction. The
422 sexual predator must provide to the sheriff the address,
423 municipality, county, and state of intended residence. The
424 sheriff shall promptly provide to the department the information
425 received from the sexual predator. The department shall notify
426 the statewide law enforcement agency, or a comparable agency, in
427 the intended state or jurisdiction of residence of the sexual
428 predator’s intended residence. The failure of a sexual predator
429 to provide his or her intended place of residence is punishable
430 as provided in subsection (10).
431 (j) A sexual predator who indicates his or her intent to
432 establish a permanent, temporary, or transient residence reside
433 in another state or jurisdiction other than the State of Florida
434 and later decides to remain in this state shall, within 48 hours
435 after the date upon which the sexual predator indicated he or
436 she would leave this state, report in person to the sheriff to
437 which the sexual predator reported the intended change of
438 residence, and report his or her intent to remain in this state.
439 If the sheriff is notified by the sexual predator that he or she
440 intends to remain in this state, the sheriff shall promptly
441 report this information to the department. A sexual predator who
442 reports his or her intent to establish a permanent, temporary,
443 or transient residence reside in another state or jurisdiction,
444 but who remains in this state without reporting to the sheriff
445 in the manner required by this paragraph, commits a felony of
446 the second degree, punishable as provided in s. 775.082, s.
447 775.083, or s. 775.084.
448 (7) COMMUNITY AND PUBLIC NOTIFICATION.—
449 (a) Law enforcement agencies must inform members of the
450 community and the public of a sexual predator’s presence. Upon
451 notification of the presence of a sexual predator, the sheriff
452 of the county or the chief of police of the municipality where
453 the sexual predator establishes or maintains a permanent or
454 temporary residence shall notify members of the community and
455 the public of the presence of the sexual predator in a manner
456 deemed appropriate by the sheriff or the chief of police. Within
457 48 hours after receiving notification of the presence of a
458 sexual predator, the sheriff of the county or the chief of
459 police of the municipality where the sexual predator temporarily
460 or permanently resides shall notify each licensed day care
461 center, elementary school, middle school, and high school within
462 a 1-mile radius of the temporary or permanent residence of the
463 sexual predator of the presence of the sexual predator.
464 Information provided to members of the community and the public
465 regarding a sexual predator must include:
466 1. The name of the sexual predator;
467 2. A description of the sexual predator, including a
468 photograph;
469 3. The sexual predator’s current permanent, temporary, and
470 transient addresses, and descriptions of registered locations
471 that have no specific street address, including the name of the
472 county or municipality if known;
473 4. The circumstances of the sexual predator’s offense or
474 offenses; and
475 5. Whether the victim of the sexual predator’s offense or
476 offenses was, at the time of the offense, a minor or an adult.
477
478 This paragraph does not authorize the release of the name of any
479 victim of the sexual predator.
480 (8) VERIFICATION.—The department and the Department of
481 Corrections shall implement a system for verifying the addresses
482 of sexual predators. The system must be consistent with the
483 provisions of the federal Adam Walsh Child Protection and Safety
484 Act of 2006 and any other federal standards applicable to such
485 verification or required to be met as a condition for the
486 receipt of federal funds by the state. The Department of
487 Corrections shall verify the addresses of sexual predators who
488 are not incarcerated but who reside in the community under the
489 supervision of the Department of Corrections and shall report to
490 the department any failure by a sexual predator to comply with
491 registration requirements. County and local law enforcement
492 agencies, in conjunction with the department, shall verify the
493 addresses of sexual predators who are not under the care,
494 custody, control, or supervision of the Department of
495 Corrections. Local law enforcement agencies shall report to the
496 department any failure by a sexual predator to comply with
497 registration requirements.
498 (a) A sexual predator must report in person each year
499 during the month of the sexual predator’s birthday and during
500 every third month thereafter to the sheriff’s office in the
501 county in which he or she resides or is otherwise located to
502 reregister. The sheriff’s office may determine the appropriate
503 times and days for reporting by the sexual predator, which shall
504 be consistent with the reporting requirements of this paragraph.
505 Reregistration shall include any changes to the following
506 information:
507 1. Name; social security number; age; race; sex; date of
508 birth; height; weight; hair and eye color; address of any
509 permanent residence and address of any current temporary
510 residence, within the state or out of state, including a rural
511 route address and a post office box; if no permanent or
512 temporary address, any transient residence within the state;
513 address, location or description, and dates of any current or
514 known future temporary residence within the state or out of
515 state; any electronic mail address and any instant message name
516 required to be provided pursuant to subparagraph (6)(g)4.; date
517 and place of any employment; vehicle make, model, color, and
518 license tag number; fingerprints; and photograph. A post office
519 box shall not be provided in lieu of a physical residential
520 address.
521 2. If the sexual predator is enrolled, employed, or
522 carrying on a vocation at an institution of higher education in
523 this state, the sexual predator shall also provide to the
524 department the name, address, and county of each institution,
525 including each campus attended, and the sexual predator’s
526 enrollment or employment status.
527 3. If the sexual predator’s place of residence is a motor
528 vehicle, trailer, mobile home, or manufactured home, as defined
529 in chapter 320, the sexual predator shall also provide the
530 vehicle identification number; the license tag number; the
531 registration number; and a description, including color scheme,
532 of the motor vehicle, trailer, mobile home, or manufactured
533 home. If the sexual predator’s place of residence is a vessel,
534 live-aboard vessel, or houseboat, as defined in chapter 327, the
535 sexual predator shall also provide the hull identification
536 number; the manufacturer’s serial number; the name of the
537 vessel, live-aboard vessel, or houseboat; the registration
538 number; and a description, including color scheme, of the
539 vessel, live-aboard vessel, or houseboat.
540 Section 5. Paragraph (c) of subsection (1), subsection (2),
541 paragraphs (a), (b), and (c) of subsection (4), subsections (7),
542 (8), and (10), and paragraph (c) of subsection (14) of section
543 943.0435, Florida Statutes, are amended to read:
544 943.0435 Sexual offenders required to register with the
545 department; penalty.—
546 (1) As used in this section, the term:
547 (c) “Permanent residence,” and “temporary residence,” and
548 “transient residence” have the same meaning ascribed in s.
549 775.21.
550 (2) A sexual offender shall:
551 (a) Report in person at the sheriff’s office:
552 1. In the county in which the offender establishes or
553 maintains a permanent, or temporary, or transient residence
554 within 48 hours after:
555 a. Establishing permanent, or temporary, or transient
556 residence in this state ; or
557 b. Being released from the custody, control, or supervision
558 of the Department of Corrections or from the custody of a
559 private correctional facility; or
560 2. In the county where he or she was convicted within 48
561 hours after being convicted for a qualifying offense for
562 registration under this section if the offender is not in the
563 custody or control of, or under the supervision of, the
564 Department of Corrections, or is not in the custody of a private
565 correctional facility.
566
567 Any change in the information required to be provided pursuant
568 to paragraph (b), including, but not limited to, any change in
569 the sexual offender’s permanent, or temporary, or transient
570 residence, name, any electronic mail address, and any instant
571 message name required to be provided pursuant to paragraph
572 (4)(d), after the sexual offender reports in person at the
573 sheriff’s office, shall be accomplished in the manner provided
574 in subsections (4), (7), and (8).
575 (b) Provide his or her name, date of birth, social security
576 number, race, sex, height, weight, hair and eye color, tattoos
577 or other identifying marks, occupation and place of employment,
578 address of permanent or legal residence or address of any
579 current temporary residence, within the state and out of state,
580 including a rural route address and a post office box, if no
581 permanent or temporary address, any transient residence within
582 the state, address, location or description, and dates of any
583 current or known future temporary residence within the state or
584 out of state, any electronic mail address and any instant
585 message name required to be provided pursuant to paragraph
586 (4)(d), date and place of each conviction, and a brief
587 description of the crime or crimes committed by the offender. A
588 post office box shall not be provided in lieu of a physical
589 residential address.
590 1. If the sexual offender’s place of residence is a motor
591 vehicle, trailer, mobile home, or manufactured home, as defined
592 in chapter 320, the sexual offender shall also provide to the
593 department through the sheriff’s office written notice of the
594 vehicle identification number; the license tag number; the
595 registration number; and a description, including color scheme,
596 of the motor vehicle, trailer, mobile home, or manufactured
597 home. If the sexual offender’s place of residence is a vessel,
598 live-aboard vessel, or houseboat, as defined in chapter 327, the
599 sexual offender shall also provide to the department written
600 notice of the hull identification number; the manufacturer’s
601 serial number; the name of the vessel, live-aboard vessel, or
602 houseboat; the registration number; and a description, including
603 color scheme, of the vessel, live-aboard vessel, or houseboat.
604 2. If the sexual offender is enrolled, employed, or
605 carrying on a vocation at an institution of higher education in
606 this state, the sexual offender shall also provide to the
607 department through the sheriff’s office the name, address, and
608 county of each institution, including each campus attended, and
609 the sexual offender’s enrollment or employment status. Each
610 change in enrollment or employment status shall be reported in
611 person at the sheriff’s office, within 48 hours after any change
612 in status. The sheriff shall promptly notify each institution of
613 the sexual offender’s presence and any change in the sexual
614 offender’s enrollment or employment status.
615
616 When a sexual offender reports at the sheriff’s office, the
617 sheriff shall take a photograph and a set of fingerprints of the
618 offender and forward the photographs and fingerprints to the
619 department, along with the information provided by the sexual
620 offender. The sheriff shall promptly provide to the department
621 the information received from the sexual offender.
622 (4)(a) Each time a sexual offender’s driver’s license or
623 identification card is subject to renewal, and, without regard
624 to the status of the offender’s driver’s license or
625 identification card, within 48 hours after any change in the
626 offender’s permanent, or temporary, or transient residence or
627 change in the offender’s name by reason of marriage or other
628 legal process, the offender shall report in person to a driver’s
629 license office, and shall be subject to the requirements
630 specified in subsection (3). The Department of Highway Safety
631 and Motor Vehicles shall forward to the department all
632 photographs and information provided by sexual offenders.
633 Notwithstanding the restrictions set forth in s. 322.142, the
634 Department of Highway Safety and Motor Vehicles is authorized to
635 release a reproduction of a color-photograph or digital-image
636 license to the Department of Law Enforcement for purposes of
637 public notification of sexual offenders as provided in this
638 section and ss. 943.043 and 944.606.
639 (b) A sexual offender who vacates a permanent, temporary,
640 or transient residence and fails to establish or maintain
641 another permanent or temporary residence shall, within 48 hours
642 after vacating the permanent, temporary, or transient residence,
643 report in person to the sheriff’s office of the county in which
644 he or she is located. The sexual offender shall specify the date
645 upon which he or she intends to or did vacate such residence.
646 The sexual offender must provide or update all of the
647 registration information required under paragraph (2)(b). The
648 sexual offender must provide an address for the residence or
649 other place location that he or she is or will be located
650 occupying during the time in which he or she fails to establish
651 or maintain a permanent or temporary residence.
652 (c) A sexual offender who remains at a permanent,
653 temporary, or transient residence after reporting his or her
654 intent to vacate such residence shall, within 48 hours after the
655 date upon which the offender indicated he or she would or did
656 vacate such residence, report in person to the agency to which
657 he or she reported pursuant to paragraph (b) for the purpose of
658 reporting his or her address at such residence. When the sheriff
659 receives the report, the sheriff shall promptly convey the
660 information to the department. An offender who makes a report as
661 required under paragraph (b) but fails to make a report as
662 required under this paragraph commits a felony of the second
663 degree, punishable as provided in s. 775.082, s. 775.083, or s.
664 775.084.
665 (7) A sexual offender who intends to establish a permanent,
666 temporary, or transient residence in another state or
667 jurisdiction other than the State of Florida shall report in
668 person to the sheriff of the county of current residence within
669 48 hours before the date he or she intends to leave this state
670 to establish residence in another state or jurisdiction. The
671 notification must include the address, municipality, county, and
672 state of intended residence. The sheriff shall promptly provide
673 to the department the information received from the sexual
674 offender. The department shall notify the statewide law
675 enforcement agency, or a comparable agency, in the intended
676 state or jurisdiction of residence of the sexual offender’s
677 intended residence. The failure of a sexual offender to provide
678 his or her intended place of residence is punishable as provided
679 in subsection (9).
680 (8) A sexual offender who indicates his or her intent to
681 establish a permanent, temporary, or transient residence reside
682 in another state or jurisdiction other than the State of Florida
683 and later decides to remain in this state shall, within 48 hours
684 after the date upon which the sexual offender indicated he or
685 she would leave this state, report in person to the sheriff to
686 which the sexual offender reported the intended change of
687 permanent, temporary, or transient residence, and report his or
688 her intent to remain in this state. The sheriff shall promptly
689 report this information to the department. A sexual offender who
690 reports his or her intent to establish a permanent, temporary,
691 or transient residence reside in another state or jurisdiction
692 but who remains in this state without reporting to the sheriff
693 in the manner required by this subsection commits a felony of
694 the second degree, punishable as provided in s. 775.082, s.
695 775.083, or s. 775.084.
696 (10) The department, the Department of Highway Safety and
697 Motor Vehicles, the Department of Corrections, the Department of
698 Juvenile Justice, any law enforcement agency in this state, and
699 the personnel of those departments; an elected or appointed
700 official, public employee, or school administrator; or an
701 employee, agency, or any individual or entity acting at the
702 request or upon the direction of any law enforcement agency is
703 immune from civil liability for damages for good faith
704 compliance with the requirements of this section or for the
705 release of information under this section, and shall be presumed
706 to have acted in good faith in compiling, recording, reporting,
707 or releasing the information. The presumption of good faith is
708 not overcome if a technical or clerical error is made by the
709 department, the Department of Highway Safety and Motor Vehicles,
710 the Department of Corrections, the Department of Juvenile
711 Justice, the personnel of those departments, or any individual
712 or entity acting at the request or upon the direction of any of
713 those departments in compiling or providing information, or if
714 information is incomplete or incorrect because a sexual offender
715 fails to report or falsely reports his or her current place of
716 permanent, or temporary, or transient residence.
717 (14)
718 (c) The sheriff’s office may determine the appropriate
719 times and days for reporting by the sexual offender, which shall
720 be consistent with the reporting requirements of this
721 subsection. Reregistration shall include any changes to the
722 following information:
723 1. Name; social security number; age; race; sex; date of
724 birth; height; weight; hair and eye color; address of any
725 permanent residence and address of any current temporary
726 residence, within the state or out of state, including a rural
727 route address and a post office box; if no permanent or
728 temporary address, any transient residence within the state;
729 address, location or description, and dates of any current or
730 known future temporary residence within the state or out of
731 state; any electronic mail address and any instant message name
732 required to be provided pursuant to paragraph (4)(d); date and
733 place of any employment; vehicle make, model, color, and license
734 tag number; fingerprints; and photograph. A post office box
735 shall not be provided in lieu of a physical residential address.
736 2. If the sexual offender is enrolled, employed, or
737 carrying on a vocation at an institution of higher education in
738 this state, the sexual offender shall also provide to the
739 department the name, address, and county of each institution,
740 including each campus attended, and the sexual offender’s
741 enrollment or employment status.
742 3. If the sexual offender’s place of residence is a motor
743 vehicle, trailer, mobile home, or manufactured home, as defined
744 in chapter 320, the sexual offender shall also provide the
745 vehicle identification number; the license tag number; the
746 registration number; and a description, including color scheme,
747 of the motor vehicle, trailer, mobile home, or manufactured
748 home. If the sexual offender’s place of residence is a vessel,
749 live-aboard vessel, or houseboat, as defined in chapter 327, the
750 sexual offender shall also provide the hull identification
751 number; the manufacturer’s serial number; the name of the
752 vessel, live-aboard vessel, or houseboat; the registration
753 number; and a description, including color scheme, of the
754 vessel, live-aboard vessel or houseboat.
755 4. Any sexual offender who fails to report in person as
756 required at the sheriff’s office, or who fails to respond to any
757 address verification correspondence from the department within 3
758 weeks of the date of the correspondence or who fails to report
759 electronic mail addresses or instant message names, commits a
760 felony of the third degree, punishable as provided in s.
761 775.082, s. 775.083, or s. 775.084.
762 Section 6. Section 943.04352, Florida Statutes, is amended
763 to read:
764 943.04352 Search of registration information regarding
765 sexual predators and sexual offenders required when placement on
766 misdemeanor probation.—When the court places a defendant on
767 misdemeanor probation pursuant to ss. 948.01 and 948.15, the
768 public or private entity providing probation services must
769 conduct a search of the probationer’s name or other identifying
770 information against the registration information regarding
771 sexual predators and sexual offenders maintained by the
772 Department of Law Enforcement under s. 943.043. The probation
773 services provider may conduct the search using the Internet site
774 maintained by the Department of Law Enforcement. Also, a
775 national search must be conducted through the Dru Sjodin
776 National Sex Offender Public Website maintained by the United
777 States Department of Justice.
778 Section 7. Paragraph (a) of subsection (3) of section
779 944.606, Florida Statutes, is amended to read:
780 944.606 Sexual offenders; notification upon release.—
781 (3)(a) The department must provide information regarding
782 any sexual offender who is being released after serving a period
783 of incarceration for any offense, as follows:
784 1. The department must provide: the sexual offender’s name,
785 any change in the offender’s name by reason of marriage or other
786 legal process, and any alias, if known; the correctional
787 facility from which the sexual offender is released; the sexual
788 offender’s social security number, race, sex, date of birth,
789 height, weight, and hair and eye color; address of any planned
790 permanent residence or temporary residence, within the state or
791 out of state, including a rural route address and a post office
792 box; if no permanent or temporary address, any transient
793 residence within the state; address, location or description,
794 and dates of any known future temporary residence within the
795 state or out of state; date and county of sentence and each
796 crime for which the offender was sentenced; a copy of the
797 offender’s fingerprints and a digitized photograph taken within
798 60 days before release; the date of release of the sexual
799 offender; and any electronic mail address and any instant
800 message name required to be provided pursuant to s.
801 943.0435(4)(d); and the offender’s intended residence address,
802 if known. The department shall notify the Department of Law
803 Enforcement if the sexual offender escapes, absconds, or dies.
804 If the sexual offender is in the custody of a private
805 correctional facility, the facility shall take the digitized
806 photograph of the sexual offender within 60 days before the
807 sexual offender’s release and provide this photograph to the
808 Department of Corrections and also place it in the sexual
809 offender’s file. If the sexual offender is in the custody of a
810 local jail, the custodian of the local jail shall register the
811 offender within 3 business days after intake of the offender for
812 any reason and upon release, and shall notify the Department of
813 Law Enforcement of the sexual offender’s release and provide to
814 the Department of Law Enforcement the information specified in
815 this paragraph and any information specified in subparagraph 2.
816 that the Department of Law Enforcement requests.
817 2. The department may provide any other information deemed
818 necessary, including criminal and corrections records,
819 nonprivileged personnel and treatment records, when available.
820 Section 8. Subsections (4) and (6) and paragraph (c) of
821 subsection (13) of section 944.607, Florida Statutes, are
822 amended to read:
823 944.607 Notification to Department of Law Enforcement of
824 information on sexual offenders.—
825 (4) A sexual offender, as described in this section, who is
826 under the supervision of the Department of Corrections but is
827 not incarcerated must register with the Department of
828 Corrections within 3 business days after sentencing for a
829 registrable registerable offense and otherwise provide
830 information as required by this subsection.
831 (a) The sexual offender shall provide his or her name; date
832 of birth; social security number; race; sex; height; weight;
833 hair and eye color; tattoos or other identifying marks; any
834 electronic mail address and any instant message name required to
835 be provided pursuant to s. 943.0435(4)(d); and permanent or
836 legal residence and address of temporary residence within the
837 state or out of state while the sexual offender is under
838 supervision in this state, including any rural route address or
839 post office box; if no permanent or temporary address, any
840 transient residence within the state; and address, location or
841 description, and dates of any current or known future temporary
842 residence within the state or out of state. The Department of
843 Corrections shall verify the address of each sexual offender in
844 the manner described in ss. 775.21 and 943.0435. The department
845 shall report to the Department of Law Enforcement any failure by
846 a sexual predator or sexual offender to comply with registration
847 requirements.
848 (b) If the sexual offender is enrolled, employed, or
849 carrying on a vocation at an institution of higher education in
850 this state, the sexual offender shall provide the name, address,
851 and county of each institution, including each campus attended,
852 and the sexual offender’s enrollment or employment status. Each
853 change in enrollment or employment status shall be reported to
854 the department within 48 hours after the change in status. The
855 Department of Corrections shall promptly notify each institution
856 of the sexual offender’s presence and any change in the sexual
857 offender’s enrollment or employment status.
858 (6) The information provided to the Department of Law
859 Enforcement must include:
860 (a) The information obtained from the sexual offender under
861 subsection (4);
862 (b) The sexual offender’s most current address, and place
863 of permanent, and temporary, or transient residence within the
864 state or out of state, and address, location or description, and
865 dates of any current or known future temporary residence within
866 the state or out of state, while the sexual offender is under
867 supervision in this state, including the name of the county or
868 municipality in which the offender permanently or temporarily
869 resides, or has a transient residence, and address, location or
870 description, and dates of any current or known future temporary
871 residence within the state or out of state, and, if known, the
872 intended place of permanent, or temporary, or transient
873 residence, and address, location or description, and dates of
874 any current or known future temporary residence within the state
875 or out of state upon satisfaction of all sanctions;
876 (c) The legal status of the sexual offender and the
877 scheduled termination date of that legal status;
878 (d) The location of, and local telephone number for, any
879 Department of Corrections’ office that is responsible for
880 supervising the sexual offender;
881 (e) An indication of whether the victim of the offense that
882 resulted in the offender’s status as a sexual offender was a
883 minor;
884 (f) The offense or offenses at conviction which resulted in
885 the determination of the offender’s status as a sex offender;
886 and
887 (g) A digitized photograph of the sexual offender which
888 must have been taken within 60 days before the offender is
889 released from the custody of the department or a private
890 correctional facility by expiration of sentence under s. 944.275
891 or must have been taken by January 1, 1998, or within 60 days
892 after the onset of the department’s supervision of any sexual
893 offender who is on probation, community control, conditional
894 release, parole, provisional release, or control release or who
895 is supervised by the department under the Interstate Compact
896 Agreement for Probationers and Parolees. If the sexual offender
897 is in the custody of a private correctional facility, the
898 facility shall take a digitized photograph of the sexual
899 offender within the time period provided in this paragraph and
900 shall provide the photograph to the department.
901
902 If any information provided by the department changes during the
903 time the sexual offender is under the department’s control,
904 custody, or supervision, including any change in the offender’s
905 name by reason of marriage or other legal process, the
906 department shall, in a timely manner, update the information and
907 provide it to the Department of Law Enforcement in the manner
908 prescribed in subsection (2).
909 (13)
910 (c) The sheriff’s office may determine the appropriate
911 times and days for reporting by the sexual offender, which shall
912 be consistent with the reporting requirements of this
913 subsection. Reregistration shall include any changes to the
914 following information:
915 1. Name; social security number; age; race; sex; date of
916 birth; height; weight; hair and eye color; address of any
917 permanent residence and address of any current temporary
918 residence, within the state or out of state, including a rural
919 route address and a post office box; if no permanent or
920 temporary address, any transient residence; address, location or
921 description, and dates of any current or known future temporary
922 residence within the state and out of state; any electronic mail
923 address and any instant message name required to be provided
924 pursuant to s. 943.0435(4)(d); date and place of any employment;
925 vehicle make, model, color, and license tag number;
926 fingerprints; and photograph. A post office box shall not be
927 provided in lieu of a physical residential address.
928 2. If the sexual offender is enrolled, employed, or
929 carrying on a vocation at an institution of higher education in
930 this state, the sexual offender shall also provide to the
931 department the name, address, and county of each institution,
932 including each campus attended, and the sexual offender’s
933 enrollment or employment status.
934 3. If the sexual offender’s place of residence is a motor
935 vehicle, trailer, mobile home, or manufactured home, as defined
936 in chapter 320, the sexual offender shall also provide the
937 vehicle identification number; the license tag number; the
938 registration number; and a description, including color scheme,
939 of the motor vehicle, trailer, mobile home, or manufactured
940 home. If the sexual offender’s place of residence is a vessel,
941 live-aboard vessel, or houseboat, as defined in chapter 327, the
942 sexual offender shall also provide the hull identification
943 number; the manufacturer’s serial number; the name of the
944 vessel, live-aboard vessel, or houseboat; the registration
945 number; and a description, including color scheme, of the
946 vessel, live-aboard vessel or houseboat.
947 4. Any sexual offender who fails to report in person as
948 required at the sheriff’s office, or who fails to respond to any
949 address verification correspondence from the department within 3
950 weeks of the date of the correspondence, or who fails to report
951 electronic mail addresses or instant message names, commits a
952 felony of the third degree, punishable as provided in s.
953 775.082, s. 775.083, or s. 775.084.
954 Section 9. Subsections (2) and (7) of section 947.1405,
955 Florida Statutes, are amended, and subsections (12) and (13) are
956 added to that section, to read:
957 947.1405 Conditional release program.—
958 (2)(a) Any inmate who:
959 1.(a) Is convicted of a crime committed on or after October
960 1, 1988, and before January 1, 1994, or and any inmate who is
961 convicted of a crime committed on or after January 1, 1994,
962 which crime is or was contained in category 1, category 2,
963 category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
964 Rules of Criminal Procedure (1993), and who has served at least
965 one prior felony commitment at a state or federal correctional
966 institution;
967 2.(b) Is sentenced as a habitual or violent habitual
968 offender or a violent career criminal pursuant to s. 775.084; or
969 3.(c) Is found to be a sexual predator under s. 775.21 or
970 former s. 775.23,
971
972 shall, upon reaching the tentative release date or provisional
973 release date, whichever is earlier, as established by the
974 Department of Corrections, be released under supervision subject
975 to specified terms and conditions, including payment of the cost
976 of supervision pursuant to s. 948.09. Such supervision applies
977 shall be applicable to all sentences within the overall term of
978 sentences if an inmate’s overall term of sentences includes one
979 or more sentences that are eligible for conditional release
980 supervision as provided in this section herein. Effective July
981 1, 1994, and applicable
982 (b) For offenses committed on or after July 1, 1994 that
983 date, the commission may require, as a condition of conditional
984 release, that the releasee make payment of the debt due and
985 owing to a county or municipal detention facility under s.
986 951.032 for medical care, treatment, hospitalization, or
987 transportation received by the releasee while in that detention
988 facility. The commission, in determining whether to order such
989 repayment and the amount of such repayment, shall consider the
990 amount of the debt, whether there was any fault of the
991 institution for the medical expenses incurred, the financial
992 resources of the releasee, the present and potential future
993 financial needs and earning ability of the releasee, and
994 dependents, and other appropriate factors.
995 (c) If any inmate placed on conditional release supervision
996 is also subject to probation or community control, resulting
997 from a probationary or community control split sentence within
998 the overall term of sentences, the Department of Corrections
999 shall supervise such person according to the conditions imposed
1000 by the court and the commission shall defer to such supervision.
1001 If the court revokes probation or community control and
1002 resentences the offender to a term of incarceration, such
1003 revocation also constitutes a sufficient basis for the
1004 revocation of the conditional release supervision on any
1005 nonprobationary or noncommunity control sentence without further
1006 hearing by the commission. If any such supervision on any
1007 nonprobationary or noncommunity control sentence is revoked,
1008 such revocation may result in a forfeiture of all gain-time, and
1009 the commission may revoke the resulting deferred conditional
1010 release supervision or take other action it considers
1011 appropriate. If the term of conditional release supervision
1012 exceeds that of the probation or community control, then, upon
1013 expiration of the probation or community control, authority for
1014 the supervision shall revert to the commission and the
1015 supervision shall be subject to the conditions imposed by the
1016 commission.
1017 (d) A panel of no fewer than two commissioners shall
1018 establish the terms and conditions of any such release. If the
1019 offense was a controlled substance violation, the conditions
1020 shall include a requirement that the offender submit to random
1021 substance abuse testing intermittently throughout the term of
1022 conditional release supervision, upon the direction of the
1023 correctional probation officer as defined in s. 943.10(3). The
1024 commission shall also determine whether the terms and conditions
1025 of such release have been violated and whether such violation
1026 warrants revocation of the conditional release.
1027 (7)(a) Any inmate who is convicted of a crime committed on
1028 or after October 1, 1995, or who has been previously convicted
1029 of a crime committed on or after October 1, 1995, in violation
1030 of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
1031 847.0145, and is subject to conditional release supervision,
1032 shall have, in addition to any other conditions imposed, the
1033 following special conditions imposed by the commission:
1034 1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
1035 may designate another 8-hour period if the offender’s employment
1036 precludes the above specified time, and such alternative is
1037 recommended by the Department of Corrections. If the commission
1038 determines that imposing a curfew would endanger the victim, the
1039 commission may consider alternative sanctions.
1040 2.a. If the victim was under the age of 18, a prohibition
1041 on living within 1,500 1,000 feet of a school, child care
1042 facility day care center, park, playground, designated public
1043 school bus stop, or any business or other place where children
1044 regularly congregate, and 1,000 of a designated public school
1045 bus stop. The distance in this subparagraph must be measured in
1046 a straight line from the offender’s place of residence to the
1047 nearest boundary line of any designated school bus stop, school,
1048 child care facility, park, playground, or business or other
1049 place where children regularly congregate. A releasee who is
1050 subject to this subparagraph may not relocate to a residence
1051 that is within 1,000 feet of a public school bus stop. Beginning
1052 October 1, 2004,The commission or the department may not approve
1053 a residence that is located within 1,000 feet of a school, day
1054 care center, park, playground, designated school bus stop, or
1055 other place where children regularly congregate for any releasee
1056 who is subject to this subparagraph. On October 1, 2004,
1057 b. The department shall notify each affected school
1058 district of the location of the residence of a releasee 30 days
1059 prior to release and thereafter, if the releasee relocates to a
1060 new residence, shall notify any affected school district of the
1061 residence of the releasee within 30 days after relocation. If,
1062 on October 1, 2004, any public school bus stop is located within
1063 1,000 feet of the existing residence of such releasee, the
1064 district school board shall relocate that school bus stop.
1065 Beginning October 1, 2004, A district school board may not
1066 establish or relocate a public school bus stop within 1,000 feet
1067 of the residence of a releasee who is subject to this
1068 subparagraph. The failure of the district school board to comply
1069 with this subparagraph shall not result in a violation of
1070 conditional release supervision.
1071 3. Active participation in and successful completion of a
1072 sex offender treatment program with qualified practitioners
1073 specifically trained to treat sex offenders, at the releasee’s
1074 own expense. If a qualified practitioner is not available within
1075 a 50-mile radius of the releasee’s residence, the offender shall
1076 participate in other appropriate therapy.
1077 4. A prohibition on any contact with the victim, directly
1078 or indirectly, including through a third person, unless approved
1079 by the victim, the offender’s therapist, and the sentencing
1080 court.
1081 5. If the victim was under the age of 18, a prohibition
1082 against contact with children under the age of 18 without review
1083 and approval by the commission. The commission may approve
1084 supervised contact with a child under the age of 18 if the
1085 approval is based upon a recommendation for contact issued by a
1086 qualified practitioner who is basing the recommendation on a
1087 risk assessment. Further, the sex offender must be currently
1088 enrolled in or have successfully completed a sex offender
1089 therapy program. The commission may not grant supervised contact
1090 with a child if the contact is not recommended by a qualified
1091 practitioner and may deny supervised contact with a child at any
1092 time. When considering whether to approve supervised contact
1093 with a child, the commission must review and consider the
1094 following:
1095 a. A risk assessment completed by a qualified practitioner.
1096 The qualified practitioner must prepare a written report that
1097 must include the findings of the assessment and address each of
1098 the following components:
1099 (I) The sex offender’s current legal status;
1100 (II) The sex offender’s history of adult charges with
1101 apparent sexual motivation;
1102 (III) The sex offender’s history of adult charges without
1103 apparent sexual motivation;
1104 (IV) The sex offender’s history of juvenile charges,
1105 whenever available;
1106 (V) The sex offender’s offender treatment history,
1107 including a consultation from the sex offender’s treating, or
1108 most recent treating, therapist;
1109 (VI) The sex offender’s current mental status;
1110 (VII) The sex offender’s mental health and substance abuse
1111 history as provided by the Department of Corrections;
1112 (VIII) The sex offender’s personal, social, educational,
1113 and work history;
1114 (IX) The results of current psychological testing of the
1115 sex offender if determined necessary by the qualified
1116 practitioner;
1117 (X) A description of the proposed contact, including the
1118 location, frequency, duration, and supervisory arrangement;
1119 (XI) The child’s preference and relative comfort level with
1120 the proposed contact, when age-appropriate;
1121 (XII) The parent’s or legal guardian’s preference regarding
1122 the proposed contact; and
1123 (XIII) The qualified practitioner’s opinion, along with the
1124 basis for that opinion, as to whether the proposed contact would
1125 likely pose significant risk of emotional or physical harm to
1126 the child.
1127
1128 The written report of the assessment must be given to the
1129 commission.
1130 b. A recommendation made as a part of the risk-assessment
1131 report as to whether supervised contact with the child should be
1132 approved;
1133 c. A written consent signed by the child’s parent or legal
1134 guardian, if the parent or legal guardian is not the sex
1135 offender, agreeing to the sex offender having supervised contact
1136 with the child after receiving full disclosure of the sex
1137 offender’s present legal status, past criminal history, and the
1138 results of the risk assessment. The commission may not approve
1139 contact with the child if the parent or legal guardian refuses
1140 to give written consent for supervised contact;
1141 d. A safety plan prepared by the qualified practitioner,
1142 who provides treatment to the offender, in collaboration with
1143 the sex offender, the child’s parent or legal guardian, and the
1144 child, when age appropriate, which details the acceptable
1145 conditions of contact between the sex offender and the child.
1146 The safety plan must be reviewed and approved by the Department
1147 of Corrections before being submitted to the commission; and
1148 e. Evidence that the child’s parent or legal guardian, if
1149 the parent or legal guardian is not the sex offender,
1150 understands the need for and agrees to the safety plan and has
1151 agreed to provide, or to designate another adult to provide,
1152 constant supervision any time the child is in contact with the
1153 offender.
1154
1155 The commission may not appoint a person to conduct a risk
1156 assessment and may not accept a risk assessment from a person
1157 who has not demonstrated to the commission that he or she has
1158 met the requirements of a qualified practitioner as defined in
1159 this section.
1160 6. If the victim was under age 18, a prohibition on working
1161 for pay or as a volunteer at any school, child care facility day
1162 care center, park, playground, or any business or other place
1163 where children regularly congregate, as prescribed by the
1164 commission.
1165 7. Unless otherwise indicated in the treatment plan
1166 provided by the sexual offender treatment program, a prohibition
1167 on viewing, owning, or possessing any obscene, pornographic, or
1168 sexually stimulating visual or auditory material, including
1169 telephone, electronic media, computer programs, or computer
1170 services that are relevant to the offender’s deviant behavior
1171 pattern.
1172 8. Effective for a releasee whose crime is committed on or
1173 after July 1, 2005, a prohibition on accessing the Internet or
1174 other computer services until the offender’s sex offender
1175 treatment program, after a risk assessment is completed,
1176 approves and implements a safety plan for the offender’s
1177 accessing or using the Internet or other computer services.
1178 9. A requirement that the releasee must submit two
1179 specimens of blood to the Florida Department of Law Enforcement
1180 for registration to be registered with the DNA database.
1181 10. A requirement that the releasee make restitution to the
1182 victim, as determined by the sentencing court or the commission,
1183 for all necessary medical and related professional services
1184 relating to physical, psychiatric, and psychological care.
1185 11. Submission to a warrantless search by the community
1186 control or probation officer of the probationer’s or community
1187 controllee’s person, residence, or vehicle.
1188 (b) For a releasee whose crime was committed on or after
1189 October 1, 1997, in violation of chapter 794, s. 800.04, s.
1190 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
1191 conditional release supervision, in addition to any other
1192 provision of this subsection, the commission shall impose the
1193 following additional conditions of conditional release
1194 supervision:
1195 1. As part of a treatment program, participation in a
1196 minimum of one annual polygraph examination to obtain
1197 information necessary for risk management and treatment and to
1198 reduce the sex offender’s denial mechanisms. The polygraph
1199 examination must be conducted by a polygrapher trained
1200 specifically in the use of the polygraph for the monitoring of
1201 sex offenders who has been authorized by the department, where
1202 available, and at the expense of the releasee sex offender. The
1203 results of the polygraph examination shall be provided to the
1204 releasee’s probation officer and therapist and shall not be used
1205 as evidence in a hearing to prove that a violation of
1206 supervision has occurred.
1207 2. Maintenance of a driving log and a prohibition against
1208 driving a motor vehicle alone without the prior approval of the
1209 supervising officer.
1210 3. A prohibition against obtaining or using a post office
1211 box without the prior approval of the supervising officer.
1212 4. If there was sexual contact, a submission to, at the
1213 releasee’s probationer’s or community controllee’s expense, an
1214 HIV test with the results to be released to the victim or the
1215 victim’s parent or guardian.
1216 5. Electronic monitoring of any form when ordered by the
1217 commission.
1218 (12) In addition to all other conditions imposed, for a
1219 releasee who is subject to conditional release for a crime that
1220 was committed on or after July 1, 2009, and who has been
1221 convicted at any time of committing, or attempting, soliciting,
1222 or conspiring to commit, any of the criminal offenses proscribed
1223 in the following statutes in this state or similar offenses in
1224 another jurisdiction against a victim who was under the age of
1225 18 at the time of the offense: s. 787.01, s. 787.02, or s.
1226 787.025(2)(c), where the victim is a minor and the offender was
1227 not the victim’s parent or guardian; s. 794.011, excluding s.
1228 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1229 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
1230 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
1231 985.701(1); or any similar offense committed in this state which
1232 has been redesignated from a former statute number to one of
1233 those listed in this subsection, if the offender has not
1234 received a pardon for any felony or similar law of another
1235 jurisdiction necessary for the operation of this subsection and
1236 a conviction of a felony or similar law of another jurisdiction
1237 necessary for the operation of this subsection has not been set
1238 aside in any postconviction proceeding, unless at the time of
1239 the crime was committed the victim was 16 or 17 years of age and
1240 the releasee was not more than 21 years of age, the commission
1241 must impose the following conditions:
1242 (a) A prohibition on visiting areas where children
1243 regularly congregate, including, but not limited to, schools,
1244 day care centers, parks, and playgrounds. The commission may
1245 also designate additional locations to protect a victim. The
1246 prohibition ordered under this subparagraph does not prohibit
1247 the releasee’s attendance at religious services as defined in s.
1248 775.0861.
1249 (b) A prohibition on distributing candy or other items to
1250 children on Halloween; wearing a Santa Claus costume, or other
1251 costume to appeal to children, on or preceding Christmas;
1252 wearing an Easter Bunny costume, or other costume to appeal to
1253 children, on or preceding Easter; entertaining at children’s
1254 parties; or wearing a clown costume; without prior approval from
1255 the commission.
1256 (13) The commission must impose the standard conditions in
1257 paragraph (7)(a), on a releasee who on or after October 1, 2009:
1258 (a) Violates s. 800.04(4), (5), or (6); s. 827.071; or s.
1259 847.0145 in this state or commits a similar offense in another
1260 jurisdiction when, at the time of the offense, the victim was
1261 younger than 16 years of age and the releasee was 18 years of
1262 age or older.
1263 (b) Is designated as a sexual predator under s. 775.21 or
1264 receives a similar designation or determination in another
1265 jurisdiction.
1266 (c) Violates s. 775.21 or s. 943.0435 while subject to
1267 registration as a sexual predator under s. 775.21 or as a sexual
1268 offender under s. 943.0435 for an offense against a victim
1269 younger than 16 years of age while the releasee was 18 years of
1270 age or older.
1271 Section 10. Section 948.30, Florida Statutes, is amended to
1272 read:
1273 948.30 Additional terms and conditions of probation or
1274 community control for certain sex offenses.—Conditions imposed
1275 pursuant to this section do not require oral pronouncement at
1276 the time of sentencing and shall be considered standard
1277 conditions of probation or community control for offenders
1278 specified in this section.
1279 (1) Effective for probationers or community controllees
1280 whose crime was committed on or after October 1, 1995, and who
1281 are placed under supervision for violation of chapter 794, s.
1282 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court
1283 must impose the following conditions in addition to all other
1284 standard and special conditions imposed:
1285 (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
1286 designate another 8-hour period if the offender’s employment
1287 precludes the above specified time, and the alternative is
1288 recommended by the Department of Corrections. If the court
1289 determines that imposing a curfew would endanger the victim, the
1290 court may consider alternative sanctions.
1291 (b)1. For a probationer or community controllee whose crime
1292 was committed before October 1, 2009, against a if the victim
1293 who was under the age of 18, a prohibition on living within
1294 1,000 feet of a school, child care facility day care center,
1295 park, playground, or any business or other place where children
1296 regularly congregate, as prescribed by the court. The 1,000-foot
1297 distance shall be measured in a straight line from the
1298 offender’s place of residence to the nearest boundary line of
1299 the school, child care facility day care center, park,
1300 playground, or business or other place where children regularly
1301 congregate. The distance may not be measured by a pedestrian
1302 route or automobile route.
1303 2. For a probationer or community controllee whose crime
1304 was committed on or after October 1, 2009, against a victim who
1305 was younger than 18 years of age, a prohibition on living within
1306 1,500 feet of a school, child care facility, park, playground,
1307 or any business or other place where children regularly
1308 congregate, as prescribed by the court. This distance shall be
1309 measured in a straight line from the offender’s place of
1310 residence to the nearest boundary line of the school, child care
1311 facility, park, playground, or business or other place where
1312 children regularly congregate.
1313 (c) Active participation in and successful completion of a
1314 sex offender treatment program with qualified practitioners
1315 specifically trained to treat sex offenders, at the
1316 probationer’s or community controllee’s own expense. If a
1317 qualified practitioner is not available within a 50-mile radius
1318 of the probationer’s or community controllee’s residence, the
1319 offender shall participate in other appropriate therapy.
1320 (d) A prohibition on any contact with the victim, directly
1321 or indirectly, including through a third person, unless approved
1322 by the victim, the offender’s therapist, and the sentencing
1323 court.
1324 (e) If the victim was under the age of 18, a prohibition on
1325 contact with a child under the age of 18 except as provided in
1326 this paragraph. The court may approve supervised contact with a
1327 child under the age of 18 if the approval is based upon a
1328 recommendation for contact issued by a qualified practitioner
1329 who is basing the recommendation on a risk assessment. Further,
1330 the sex offender must be currently enrolled in or have
1331 successfully completed a sex offender therapy program. The court
1332 may not grant supervised contact with a child if the contact is
1333 not recommended by a qualified practitioner and may deny
1334 supervised contact with a child at any time. When considering
1335 whether to approve supervised contact with a child, the court
1336 must review and consider the following:
1337 1. A risk assessment completed by a qualified practitioner.
1338 The qualified practitioner must prepare a written report that
1339 must include the findings of the assessment and address each of
1340 the following components:
1341 a. The sex offender’s current legal status;
1342 b. The sex offender’s history of adult charges with
1343 apparent sexual motivation;
1344 c. The sex offender’s history of adult charges without
1345 apparent sexual motivation;
1346 d. The sex offender’s history of juvenile charges, whenever
1347 available;
1348 e. The sex offender’s offender treatment history, including
1349 consultations with the sex offender’s treating, or most recent
1350 treating, therapist;
1351 f. The sex offender’s current mental status;
1352 g. The sex offender’s mental health and substance abuse
1353 treatment history as provided by the Department of Corrections;
1354 h. The sex offender’s personal, social, educational, and
1355 work history;
1356 i. The results of current psychological testing of the sex
1357 offender if determined necessary by the qualified practitioner;
1358 j. A description of the proposed contact, including the
1359 location, frequency, duration, and supervisory arrangement;
1360 k. The child’s preference and relative comfort level with
1361 the proposed contact, when age appropriate;
1362 l. The parent’s or legal guardian’s preference regarding
1363 the proposed contact; and
1364 m. The qualified practitioner’s opinion, along with the
1365 basis for that opinion, as to whether the proposed contact would
1366 likely pose significant risk of emotional or physical harm to
1367 the child.
1368
1369 The written report of the assessment must be given to the court;
1370 2. A recommendation made as a part of the risk assessment
1371 report as to whether supervised contact with the child should be
1372 approved;
1373 3. A written consent signed by the child’s parent or legal
1374 guardian, if the parent or legal guardian is not the sex
1375 offender, agreeing to the sex offender having supervised contact
1376 with the child after receiving full disclosure of the sex
1377 offender’s present legal status, past criminal history, and the
1378 results of the risk assessment. The court may not approve
1379 contact with the child if the parent or legal guardian refuses
1380 to give written consent for supervised contact;
1381 4. A safety plan prepared by the qualified practitioner,
1382 who provides treatment to the offender, in collaboration with
1383 the sex offender, the child’s parent or legal guardian, if the
1384 parent or legal guardian is not the sex offender, and the child,
1385 when age appropriate, which details the acceptable conditions of
1386 contact between the sex offender and the child. The safety plan
1387 must be reviewed and approved by the court; and
1388 5. Evidence that the child’s parent or legal guardian
1389 understands the need for and agrees to the safety plan and has
1390 agreed to provide, or to designate another adult to provide,
1391 constant supervision any time the child is in contact with the
1392 offender.
1393
1394 The court may not appoint a person to conduct a risk assessment
1395 and may not accept a risk assessment from a person who has not
1396 demonstrated to the court that he or she has met the
1397 requirements of a qualified practitioner as defined in this
1398 section.
1399 (f) If the victim was under age 18, a prohibition on
1400 working for pay or as a volunteer at any place where children
1401 regularly congregate, including, but not limited to, schools,
1402 day care centers, parks, playgrounds, pet stores, libraries,
1403 zoos, theme parks, and malls.
1404 (g) Unless otherwise indicated in the treatment plan
1405 provided by the sexual offender treatment program, a prohibition
1406 on viewing, accessing, owning, or possessing any obscene,
1407 pornographic, or sexually stimulating visual or auditory
1408 material, including telephone, electronic media, computer
1409 programs, or computer services that are relevant to the
1410 offender’s deviant behavior pattern.
1411 (h) Effective for probationers and community controllees
1412 whose crime is committed on or after July 1, 2005, a prohibition
1413 on accessing the Internet or other computer services until the
1414 offender’s sex offender treatment program, after a risk
1415 assessment is completed, approves and implements a safety plan
1416 for the offender’s accessing or using the Internet or other
1417 computer services.
1418 (i) A requirement that the probationer or community
1419 controllee must submit a specimen of blood or other approved
1420 biological specimen to the Department of Law Enforcement to be
1421 registered with the DNA data bank.
1422 (j) A requirement that the probationer or community
1423 controllee make restitution to the victim, as ordered by the
1424 court under s. 775.089, for all necessary medical and related
1425 professional services relating to physical, psychiatric, and
1426 psychological care.
1427 (k) Submission to a warrantless search by the community
1428 control or probation officer of the probationer’s or community
1429 controllee’s person, residence, or vehicle.
1430 (2) Effective for a probationer or community controllee
1431 whose crime was committed on or after October 1, 1997, and who
1432 is placed on community control or sex offender probation for a
1433 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1434 or s. 847.0145, in addition to any other provision of this
1435 section, the court must impose the following conditions of
1436 probation or community control:
1437 (a) As part of a treatment program, participation at least
1438 annually in polygraph examinations to obtain information
1439 necessary for risk management and treatment and to reduce the
1440 sex offender’s denial mechanisms. A polygraph examination must
1441 be conducted by a polygrapher trained specifically in the use of
1442 the polygraph for the monitoring of sex offenders who has been
1443 authorized by the department, where available, and shall be paid
1444 for by the probationer or community controllee sex offender. The
1445 results of the polygraph examination shall be provided to the
1446 probationer’s or community controllee’s probation officer and
1447 therapist and shall not be used as evidence in court to prove
1448 that a violation of community supervision has occurred.
1449 (b) Maintenance of a driving log and a prohibition against
1450 driving a motor vehicle alone without the prior approval of the
1451 supervising officer.
1452 (c) A prohibition against obtaining or using a post office
1453 box without the prior approval of the supervising officer.
1454 (d) If there was sexual contact, a submission to, at the
1455 probationer’s or community controllee’s expense, an HIV test
1456 with the results to be released to the victim or the victim’s
1457 parent or guardian.
1458 (e) Electronic monitoring when deemed necessary by the
1459 community control or probation officer and his or her
1460 supervisor, and ordered by the court at the recommendation of
1461 the Department of Corrections.
1462 (3) Effective for a probationer or community controllee
1463 whose crime was committed on or after September 1, 2005, and
1464 who:
1465 (a) Is placed on probation or community control for a
1466 violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
1467 or s. 847.0145 and the unlawful sexual activity involved a
1468 victim 15 years of age or younger and the offender is 18 years
1469 of age or older;
1470 (b) Is designated a sexual predator pursuant to s. 775.21;
1471 or
1472 (c) Has previously been convicted of a violation of chapter
1473 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and
1474 the unlawful sexual activity involved a victim younger than 16
1475 15 years of age or younger and the offender is 18 years of age
1476 or older,
1477
1478 the court must order, in addition to any other provision of this
1479 section, mandatory electronic monitoring as a condition of the
1480 probation or community control supervision.
1481 (4) In addition to all other conditions imposed, for a
1482 probationer or community controllee who is subject to
1483 supervision for a crime that was committed on or after July 1,
1484 2009, and who has been convicted at any time of committing, or
1485 attempting, soliciting, or conspiring to commit, any of the
1486 criminal offenses proscribed in the following statutes in this
1487 state or similar offenses in another jurisdiction against a
1488 victim who was under the age of 18 at the time of the offense:
1489 s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
1490 minor and the offender was not the victim’s parent or guardian;
1491 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1492 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1493 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1494 847.0145; s. 985.701(1); or any similar offense committed in
1495 this state which has been redesignated from a former statute
1496 number to one of those listed in this subsection, if the
1497 offender has not received a pardon for any felony or similar law
1498 of another jurisdiction necessary for the operation of this
1499 subsection and a conviction of a felony or similar law of
1500 another jurisdiction necessary for the operation of this
1501 subsection has not been set aside in any postconviction
1502 proceeding, unless at the time the crime was committed the
1503 victim was 16 or 17 years of age and the offender was not more
1504 than 21 years of age, the court must impose the following
1505 conditions:
1506 (a) A prohibition on visiting areas where children
1507 regularly congregate, including, but not limited to, schools,
1508 day care centers, parks, and playgrounds. The commission may
1509 also designate additional locations to protect a victim. The
1510 prohibition ordered under this subparagraph does not prohibit
1511 the releasee’s attendance at religious services as defined in s.
1512 775.0861.
1513 (b) A prohibition on distributing candy or other items to
1514 children on Halloween; wearing a Santa Claus costume, or other
1515 costume to appeal to children, on or preceding Christmas;
1516 wearing an Easter Bunny costume, or other costume to appeal to
1517 children, on or preceding Easter; entertaining at children’s
1518 parties; or wearing a clown costume; without prior approval from
1519 the commission.
1520 (5) The court shall impose the standard conditions in
1521 paragraph (1)(b) on a probationer or community controllee who,
1522 on or after October 1, 2009:
1523 (a) Violates s. 800.04(4), (5), or (6); s. 827.071; or s.
1524 847.0145 in this state or commits a similar offense in another
1525 jurisdiction if, at the time of the offense, the victim was
1526 younger than 16 years of age and the probationer or community
1527 controllee was 18 years of age or older.
1528 (b) Is designated as a sexual predator under s. 775.21 or
1529 receives a similar designation or determination in another
1530 jurisdiction.
1531 (c) Violates s. 775.21 or s. 943.0435 while subject to
1532 registration as a sexual predator under s. 775.21 or as a sexual
1533 offender under s. 943.0435 for an offense against a victim
1534 younger than 16 years of age and the probationer or community
1535 controllee was 18 years of age or older.
1536 Section 11. Section 948.31, Florida Statutes, is amended to
1537 read:
1538 948.31 Diagnosis, Evaluation, and treatment of sexual
1539 predators and offenders placed on probation or community control
1540 for certain sex offenses or child exploitation.—The court shall
1541 require an a diagnosis and evaluation to determine the need of a
1542 probationer or community controllee offender in community
1543 control for treatment. If the court determines that a need
1544 therefor is established by the such diagnosis and evaluation
1545 process, the court shall require sexual offender treatment
1546 outpatient counseling as a term or condition of probation or
1547 community control for any person who meets the criteria to be
1548 designated as a sexual predator under s. 775.21 or to be subject
1549 to registration as a sexual offender under s. 943.0435, s.
1550 944.606, or s. 944.607. was found guilty of any of the
1551 following, or whose plea of guilty or nolo contendere to any of
1552 the following was accepted by the court:
1553 (1) Lewd or lascivious battery, lewd or lascivious
1554 molestation, lewd or lascivious conduct, or lewd or lascivious
1555 exhibition, as defined in s. 800.04 or s. 847.0135(5).
1556 (2) Sexual battery, as defined in chapter 794, against a
1557 child.
1558 (3) Exploitation of a child as provided in s. 450.151, or
1559 for prostitution.
1560
1561 Such treatment counseling shall be required to be obtained from
1562 a qualified practitioner as defined in s. 948.001(6) who is
1563 specifically trained to treat sex offenders. Treatment may not
1564 be administered by a qualified practitioner who has been
1565 convicted or adjudicated delinquent of committing, or
1566 attempting, soliciting, or conspiring to commit, any offense
1567 that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1568 impose a restriction against contact with minors if sexual
1569 offender treatment is recommended a community mental health
1570 center, a recognized social service agency providing mental
1571 health services, or a private mental health professional or
1572 through other professional counseling. The evaluation and
1573 recommendations plan for treatment of counseling for the
1574 probationer or community controllee individual shall be provided
1575 to the court for review.
1576 Section 12. Paragraph (a) of subsection (3) of section
1577 985.481, Florida Statutes, is amended to read:
1578 985.481 Sexual offenders adjudicated delinquent;
1579 notification upon release.—
1580 (3)(a) The department must provide information regarding
1581 any sexual offender who is being released after serving a period
1582 of residential commitment under the department for any offense,
1583 as follows:
1584 1. The department must provide the sexual offender’s name,
1585 any change in the offender’s name by reason of marriage or other
1586 legal process, and any alias, if known; the correctional
1587 facility from which the sexual offender is released; the sexual
1588 offender’s social security number, race, sex, date of birth,
1589 height, weight, and hair and eye color; address of any planned
1590 permanent residence or temporary residence, within the state or
1591 out of state, including a rural route address and a post office
1592 box; if no permanent or temporary address, any transient
1593 residence within the state; address, location or description,
1594 and dates of any known future temporary residence within the
1595 state or out of state; date and county of disposition and each
1596 crime for which there was a disposition; a copy of the
1597 offender’s fingerprints and a digitized photograph taken within
1598 60 days before release; and the date of release of the sexual
1599 offender; and the offender’s intended residence address, if
1600 known. The department shall notify the Department of Law
1601 Enforcement if the sexual offender escapes, absconds, or dies.
1602 If the sexual offender is in the custody of a private
1603 correctional facility, the facility shall take the digitized
1604 photograph of the sexual offender within 60 days before the
1605 sexual offender’s release and also place it in the sexual
1606 offender’s file. If the sexual offender is in the custody of a
1607 local jail, the custodian of the local jail shall register the
1608 offender within 3 business days after intake of the offender for
1609 any reason and upon release, and shall notify the Department of
1610 Law Enforcement of the sexual offender’s release and provide to
1611 the Department of Law Enforcement the information specified in
1612 this subparagraph and any information specified in subparagraph
1613 2. which the Department of Law Enforcement requests.
1614 2. The department may provide any other information
1615 considered necessary, including criminal and delinquency
1616 records, when available.
1617 Section 13. Paragraph (a) of subsection (4), paragraph (a)
1618 of subsection (6), and paragraph (b) of subsection (13) of
1619 section 985.4815, Florida Statutes, are amended to read:
1620 985.4815 Notification to Department of Law Enforcement of
1621 information on juvenile sexual offenders.—
1622 (4) A sexual offender, as described in this section, who is
1623 under the supervision of the department but who is not committed
1624 must register with the department within 3 business days after
1625 adjudication and disposition for a registrable offense and
1626 otherwise provide information as required by this subsection.
1627 (a) The sexual offender shall provide his or her name; date
1628 of birth; social security number; race; sex; height; weight;
1629 hair and eye color; tattoos or other identifying marks; and
1630 permanent or legal residence and address of temporary residence
1631 within the state or out of state while the sexual offender is in
1632 the care or custody or under the jurisdiction or supervision of
1633 the department in this state, including any rural route address
1634 or post office box; if no permanent or temporary address, any
1635 transient residence; address, location or description, and dates
1636 of any current or known future temporary residence within the
1637 state or out of state;, and the name and address of each school
1638 attended. The department shall verify the address of each sexual
1639 offender and shall report to the Department of Law Enforcement
1640 any failure by a sexual offender to comply with registration
1641 requirements.
1642 (6)(a) The information provided to the Department of Law
1643 Enforcement must include the following:
1644 1. The information obtained from the sexual offender under
1645 subsection (4).
1646 2. The sexual offender’s most current address and place of
1647 permanent, or temporary, or transient residence within the state
1648 or out of state, and address, location or description, and dates
1649 of any current or known future temporary residence within the
1650 state or out of state, while the sexual offender is in the care
1651 or custody or under the jurisdiction or supervision of the
1652 department in this state, including the name of the county or
1653 municipality in which the offender permanently or temporarily
1654 resides, or has a transient residence, and address, location or
1655 description, and dates of any current or known future temporary
1656 residence within the state or out of state; and, if known, the
1657 intended place of permanent, or temporary, or transient
1658 residence, and address, location or description, and dates of
1659 any current or known future temporary residence within the state
1660 or out of state upon satisfaction of all sanctions.
1661 3. The legal status of the sexual offender and the
1662 scheduled termination date of that legal status.
1663 4. The location of, and local telephone number for, any
1664 department office that is responsible for supervising the sexual
1665 offender.
1666 5. An indication of whether the victim of the offense that
1667 resulted in the offender’s status as a sexual offender was a
1668 minor.
1669 6. The offense or offenses at adjudication and disposition
1670 that resulted in the determination of the offender’s status as a
1671 sex offender.
1672 7. A digitized photograph of the sexual offender, which
1673 must have been taken within 60 days before the offender was
1674 released from the custody of the department or a private
1675 correctional facility by expiration of sentence under s.
1676 944.275, or within 60 days after the onset of the department’s
1677 supervision of any sexual offender who is on probation,
1678 postcommitment probation, residential commitment, nonresidential
1679 commitment, licensed child-caring commitment, community control,
1680 conditional release, parole, provisional release, or control
1681 release or who is supervised by the department under the
1682 Interstate Compact Agreement for Probationers and Parolees. If
1683 the sexual offender is in the custody of a private correctional
1684 facility, the facility shall take a digitized photograph of the
1685 sexual offender within the time period provided in this
1686 subparagraph and shall provide the photograph to the department.
1687 (13)
1688 (b) The sheriff’s office may determine the appropriate
1689 times and days for reporting by the sexual offender, which shall
1690 be consistent with the reporting requirements of this
1691 subsection. Reregistration shall include any changes to the
1692 following information:
1693 1. Name; social security number; age; race; sex; date of
1694 birth; height; weight; hair and eye color; address of any
1695 permanent residence and address of any current temporary
1696 residence, within the state or out of state, including a rural
1697 route address and a post office box; if no permanent or
1698 temporary address, any transient residence; address, location or
1699 description, and dates of any current or known future temporary
1700 residence within the state or out of state; name and address of
1701 each school attended; date and place of any employment; vehicle
1702 make, model, color, and license tag number; fingerprints; and
1703 photograph. A post office box shall not be provided in lieu of a
1704 physical residential address.
1705 2. If the sexual offender is enrolled, employed, or
1706 carrying on a vocation at an institution of higher education in
1707 this state, the sexual offender shall also provide to the
1708 department the name, address, and county of each institution,
1709 including each campus attended, and the sexual offender’s
1710 enrollment or employment status.
1711 3. If the sexual offender’s place of residence is a motor
1712 vehicle, trailer, mobile home, or manufactured home, as defined
1713 in chapter 320, the sexual offender shall also provide the
1714 vehicle identification number; the license tag number; the
1715 registration number; and a description, including color scheme,
1716 of the motor vehicle, trailer, mobile home, or manufactured
1717 home. If the sexual offender’s place of residence is a vessel,
1718 live-aboard vessel, or houseboat, as defined in chapter 327, the
1719 sexual offender shall also provide the hull identification
1720 number; the manufacturer’s serial number; the name of the
1721 vessel, live-aboard vessel, or houseboat; the registration
1722 number; and a description, including color scheme, of the
1723 vessel, live-aboard vessel, or houseboat.
1724 4. Any sexual offender who fails to report in person as
1725 required at the sheriff’s office, or who fails to respond to any
1726 address verification correspondence from the department within 3
1727 weeks after the date of the correspondence, commits a felony of
1728 the third degree, punishable as provided in ss. 775.082,
1729 775.083, and 775.084.
1730 Section 14. This act shall take effect July 1, 2009.
1731
1732 ================= T I T L E A M E N D M E N T ================
1733 And the title is amended as follows:
1734 Delete everything before the enacting clause
1735 and insert:
1736 A bill to be entitled
1737 An act relating to sexual offenders and predators;
1738 creating s. 775.215, F.S.; preempting to the state the
1739 authority to limit the residence of a person convicted
1740 of a sexual offense; amending s. 794.065, F.S.;
1741 revising provisions relating to residency limits on a
1742 person convicted of certain sex offenses; imposing
1743 more restrictive residency limits on a person
1744 convicted of certain sex offenses; providing criminal
1745 penalties; creating s. 856.022, F.S.; prohibiting
1746 loitering or prowling by certain offenders within a
1747 specified distance of places where children regularly
1748 congregate; prohibiting certain actions toward a child
1749 at a public park or playground by certain offenders;
1750 prohibiting the presence of certain offenders at a
1751 child care facility without notice and supervision;
1752 providing exceptions; providing penalties; amending s.
1753 775.21, F.S.; revising and providing definitions;
1754 revising provisions relating to reporting requirements
1755 for sexual predators who are in a transient status;
1756 amending s. 943.0435, F.S.; revising provisions
1757 relating to residence reporting requirements for
1758 sexual offenders; amending s. 943.04352, F.S.;
1759 requiring that the probation services provider search
1760 in an additional specified sex offender registry for
1761 information regarding sexual predators and sexual
1762 offenders when an offender is placed on misdemeanor
1763 probation; amending s. 944.606, F.S.; revising address
1764 reporting requirements for sexual offenders; amending
1765 s. 944.607, F.S.; requiring additional registration
1766 information from sex offenders who are under the
1767 supervision of the Department of Corrections but who
1768 are not incarcerated; amending s. 947.1405, F.S.;
1769 providing additional conditional release restrictions
1770 for certain offenders; providing an exemption;
1771 revising provisions relating to polygraph examinations
1772 of specified conditional releasees who have committed
1773 specified sexual offenses; providing additional
1774 restrictions for certain conditional releasees who
1775 have committed sexual offenses against minors under
1776 the age of 16 or who have been designated as sexual
1777 predators or received similar designations or
1778 determinations in another jurisdiction; imposing more
1779 restrictive residency limits on a person convicted of
1780 certain sex offenses; amending s. 948.30, F.S.;
1781 revising provisions relating to terms and conditions
1782 of probation or community control for certain sex
1783 offenses; imposing more restrictive residency limits
1784 on a person convicted of certain sex offenses;
1785 revising provisions relating to polygraph examinations
1786 of specified probationers or community controllees who
1787 have committed specified sexual offenses; providing
1788 additional restrictions for certain probationers or
1789 community controllees who committed sexual offenses
1790 against minors under the age of 16 or who have been
1791 designated as sexual predators or received similar
1792 designations or determinations in another
1793 jurisdiction; providing additional restrictions for
1794 certain probationers or community controllees who
1795 committed sexual offenses against a minor younger than
1796 16 years of age; amending s. 948.31, F.S.; deleting a
1797 requirement for diagnosis of certain sexual predators
1798 and sexual offenders on community control; revising
1799 provisions relating to treatment for such offenders
1800 and predators; amending s. 985.481, F.S.; providing
1801 additional address reporting requirements for sexual
1802 offenders adjudicated delinquent; amending s.
1803 985.4815, F.S.; revising provisions relating to
1804 address and residence reporting requirements for
1805 sexual offenders adjudicated delinquent; providing an
1806 effective date.