Florida Senate - 2009 CS for CS for SB 320
By the Committees on Community Affairs; and Criminal Justice;
and Senator Crist
578-04847-09 2009320c2
1 A bill to be entitled
2 An act relating to sexual offenders and predators;
3 creating s. 775.215, F.S.; preempting to the state the
4 authority to limit the residence of a person convicted
5 of a sexual offense; amending s. 794.065, F.S.;
6 revising provisions relating to residency limits on a
7 person convicted of certain sex offenses; imposing
8 more restrictive residency limits on a person
9 convicted of certain sex offenses; providing criminal
10 penalties; creating s. 856.022, F.S.; prohibiting
11 loitering or prowling by certain offenders within a
12 specified distance of places where children regularly
13 congregate; prohibiting certain actions toward a child
14 at a public park or playground by certain offenders;
15 prohibiting the presence of certain offenders at a
16 child care facility without notice and supervision;
17 providing exceptions; providing penalties; amending s.
18 775.21, F.S.; revising and providing definitions;
19 revising provisions relating to reporting requirements
20 for sexual predators who are in a transient status;
21 amending s. 943.0435, F.S.; revising provisions
22 relating to residence reporting requirements for
23 sexual offenders; amending s. 943.04352, F.S.;
24 requiring that the probation services provider search
25 in an additional specified sex offender registry for
26 information regarding sexual predators and sexual
27 offenders when an offender is placed on misdemeanor
28 probation; amending s. 944.606, F.S.; revising address
29 reporting requirements for sexual offenders; amending
30 s. 944.607, F.S.; requiring additional registration
31 information from sex offenders who are under the
32 supervision of the Department of Corrections but who
33 are not incarcerated; amending s. 947.1405, F.S.;
34 providing additional conditional release restrictions
35 for certain offenders; providing an exemption;
36 revising provisions relating to polygraph examinations
37 of specified conditional releasees who have committed
38 specified sexual offenses; providing additional
39 restrictions for certain conditional releasees who
40 have committed sexual offenses against minors under
41 the age of 16 or who have been designated as sexual
42 predators or received similar designations or
43 determinations in another jurisdiction; imposing more
44 restrictive residency limits on a person convicted of
45 certain sex offenses; amending s. 948.30, F.S.;
46 revising provisions relating to terms and conditions
47 of probation or community control for certain sex
48 offenses; imposing more restrictive residency limits
49 on a person convicted of certain sex offenses;
50 revising provisions relating to polygraph examinations
51 of specified probationers or community controllees who
52 have committed specified sexual offenses; providing
53 additional restrictions for certain probationers or
54 community controllees who committed sexual offenses
55 against minors under the age of 16 or who have been
56 designated as sexual predators or received similar
57 designations or determinations in another
58 jurisdiction; providing additional restrictions for
59 certain probationers or community controllees who
60 committed sexual offenses against a minor younger than
61 16 years of age; amending s. 948.31, F.S.; deleting a
62 requirement for diagnosis of certain sexual predators
63 and sexual offenders on community control; revising
64 provisions relating to treatment for such offenders
65 and predators; amending s. 985.481, F.S.; providing
66 additional address reporting requirements for sexual
67 offenders adjudicated delinquent; amending s.
68 985.4815, F.S.; revising provisions relating to
69 address and residence reporting requirements for
70 sexual offenders adjudicated delinquent; providing an
71 effective date.
72
73 Be It Enacted by the Legislature of the State of Florida:
74
75 Section 1. Section 775.215, Florida Statutes, is created to
76 read:
77 775.215 Preemption of local residency limits for a person
78 convicted of a sexual offense.—The authority to limit the
79 residence of a person convicted of a sexual offense is expressly
80 preempted to the state. The term “sexual offense” as used in
81 this section includes, but is not limited to, a violation of s.
82 787.01, s. 787.02, s. 794.011, s. 800.04, s. 827.071, or s.
83 847.0145, regardless of whether adjudication has been withheld.
84 Section 2. Section 794.065, Florida Statutes, is amended to
85 read:
86 794.065 Unlawful place of residence for persons convicted
87 of certain sex offenses.—
88 (1)(a)1. It is unlawful for any person who has been
89 convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
90 s. 847.0135(5), or s. 847.0145, regardless of whether
91 adjudication has been withheld, in which the victim of the
92 offense was less than 16 years of age, to reside within 1,000
93 feet of any school, child care facility day care center, park,
94 or playground.
95 2. A person who violates this subsection commits: section
96 and whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
97 847.0135(5), or s. 847.0145 was classified as A felony of the
98 first degree or higher commits
99 a. A felony of the third degree, punishable as provided in
100 s. 775.082 or s. 775.083, if the person’s conviction under
101 subparagraph 1. was for a felony of the first degree or higher.
102 A person who violates this section and whose conviction under s.
103 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145
104 was classified as A felony of the second or third degree commits
105 b. A misdemeanor of the first degree, punishable as
106 provided in s. 775.082 or s. 775.083, if the person’s conviction
107 under subparagraph 1. was for a felony of the second or third
108 degree.
109 (b)(2) This subsection section applies to any person
110 convicted of an offense listed in subparagraph (a)1. if the
111 offense occurred a violation of s. 794.011, s. 800.04, s.
112 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur
113 on or after October 1, 2004.
114 (2)(a) A person may not reside within 1,500 feet of a
115 school, child care facility, park, or playground if the person:
116 1. Has been convicted, regardless of whether adjudication
117 has been withheld, of a violation of s. 787.01, s. 787.02, s.
118 794.011, s. 800.04, s. 827.071, or s. 847.0145, or a violation
119 of a similar law of another jurisdiction, for an offense that
120 was committed on or after October 1, 2009, against a victim who
121 was younger than age 16; or
122 2. Is subject to the residency restrictions under
123 subparagraph (1)(a)1. and establishes a new residence after
124 October 1, 2009.
125 (b) A person who violates this subsection commits:
126 1. A felony of the third degree, punishable as provided in
127 s. 775.082 or s. 775.083, if the person’s conviction under
128 subparagraph (a)1. was for a felony of the first degree or
129 higher.
130 2. A misdemeanor of the first degree, punishable as
131 provided in s. 775.082 or s. 775.083, if the person’s conviction
132 under subparagraph (a)1. was for a felony of the second or third
133 degree.
134 (c) The distances in this subsection must be measured in a
135 straight line from the offender’s place of residence to the
136 nearest boundary line of the school, child care facility, park,
137 or playground.
138 Section 3. Section 856.022, Florida Statutes, is created to
139 read:
140 856.022 Loitering or prowling by certain offenders in close
141 proximity to children; penalty.—
142 (1) This section applies to an offender convicted of
143 committing, or attempting, soliciting, or conspiring to commit,
144 any of the criminal offenses proscribed in the following
145 statutes in this state or similar offenses in another
146 jurisdiction against a victim who was under the age of 18 at the
147 time of the offense: s. 787.01, s. 787.02, or s. 787.025(2)(c),
148 if the victim is a minor and the offender was not the victim’s
149 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
150 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
151 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
152 847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any
153 similar offense committed in this state which has been
154 redesignated from a former statute number to one of those listed
155 in this subsection, if the offender has not received a pardon
156 for any felony or similar law of another jurisdiction necessary
157 for the operation of this subsection and a conviction of a
158 felony or similar law of another jurisdiction necessary for the
159 operation of this subsection has not been set aside in any
160 postconviction proceeding.
161 (2) An offender described in subsection (1) commits
162 loitering and prowling by a person convicted of a sexual offense
163 against a minor if, in committing loitering and prowling, he or
164 she is within 300 feet of a place where children regularly
165 congregate, including, but not limited to, a school, child care
166 facility, playground, or park.
167 (3) It is unlawful for an offender described in subsection
168 (1) to:
169 (a) Knowingly approach, contact, or communicate with a
170 child under 18 years of age in any public park building or on
171 real property comprising any public park or playground with
172 intent to engage in conduct of a sexual nature, or to make a
173 communication of any type containing any content of a sexual
174 nature. This paragraph applies only to an offender described in
175 subsection (1) whose offense was committed on or after July 1,
176 2009.
177 (b)1. Knowingly be present in any child care facility or
178 pre-K through 12 school or on real property comprising any child
179 care facility or pre-K through 12 school when the child care
180 facility or school is in operation, unless the offender has
181 provided written notification of his or her intent to be present
182 to the school board, superintendent, principal, or child care
183 facility owner.
184 2. Fail to notify the child care facility owner or the
185 principal’s office when he or she arrives and departs the child
186 care facility or school.
187 3. Fail to remain under direct supervision of a school
188 official or designated chaperone when present in the vicinity of
189 children. As used in this subparagraph, the term “school
190 official” means a principal, a school resource officer, a
191 teacher or any other employee of the school, the superintendent
192 of schools, a member of the school board, a child care facility
193 owner, or a child care provider.
194 (4) The offender is not in violation of subsection (3) if:
195 (a) The child care facility or school is a voting location
196 and the offender is present for the purpose of voting during the
197 hours designated for voting; or
198 (b) The offender is only dropping off or picking up his or
199 her own children or grandchildren at the child care facility or
200 school.
201 (5) Any person who violates this section commits a
202 misdemeanor of the first degree, punishable as provided in s.
203 775.082 or s. 775.083.
204 Section 4. Paragraph (g) of subsection (2), paragraphs (a)
205 and (c) of subsection (4), paragraph (a) of subsection (5),
206 paragraphs (a), (f), (g), (i), and (j) of subsection (6),
207 paragraph (a) of subsection (7), and paragraph (a) of subsection
208 (8) of section 775.21, Florida Statutes, are amended, and
209 paragraph (l) is added to subsection (2) of that section, to
210 read:
211 775.21 The Florida Sexual Predators Act.—
212 (2) DEFINITIONS.—As used in this section, the term:
213 (g) “Temporary residence” means a place where the person
214 abides, lodges, or resides, including, but not limited to,
215 vacation, business, or personal travel destinations in or out of
216 this state, for a period of 5 or more days in the aggregate
217 during any calendar year and which is not the person’s permanent
218 address or, for a person whose permanent residence is not in
219 this state, a place where the person is employed, practices a
220 vocation, or is enrolled as a student for any period of time in
221 this state.
222 (l) “Transient residence” means a place or county where a
223 person lives, remains, or is located for a period of 5 or more
224 days in the aggregate during a calendar year and which is not
225 the person’s permanent or temporary address. The term includes,
226 but is not limited to, a place where the person sleeps or seeks
227 shelter and a location that has no specific street address.
228 (4) SEXUAL PREDATOR CRITERIA.—
229 (a) For a current offense committed on or after October 1,
230 1993, upon conviction, an offender shall be designated as a
231 “sexual predator” under subsection (5), and subject to
232 registration under subsection (6) and community and public
233 notification under subsection (7) if:
234 1. The felony is:
235 a. A capital, life, or first-degree felony violation, or
236 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
237 is a minor and the defendant is not the victim’s parent or
238 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
239 violation of a similar law of another jurisdiction; or
240 b. Any felony violation, or any attempt thereof, of s.
241 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
242 minor and the defendant is not the victim’s parent or guardian;
243 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
244 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
245 847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a
246 similar law of another jurisdiction, and the offender has
247 previously been convicted of or found to have committed, or has
248 pled nolo contendere or guilty to, regardless of adjudication,
249 any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
250 where the victim is a minor and the defendant is not the
251 victim’s parent or guardian; s. 794.011, excluding s.
252 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
253 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
254 847.0135(6) s. 847.0135(4); s. 847.0145; or s. 985.701(1); or a
255 violation of a similar law of another jurisdiction;
256 2. The offender has not received a pardon for any felony or
257 similar law of another jurisdiction that is necessary for the
258 operation of this paragraph; and
259 3. A conviction of a felony or similar law of another
260 jurisdiction necessary to the operation of this paragraph has
261 not been set aside in any postconviction proceeding.
262 (c) If an offender has been registered as a sexual predator
263 by the Department of Corrections, the department, or any other
264 law enforcement agency and if:
265 1. The court did not, for whatever reason, make a written
266 finding at the time of sentencing that the offender was a sexual
267 predator; or
268 2. The offender was administratively registered as a sexual
269 predator because the Department of Corrections, the department,
270 or any other law enforcement agency obtained information that
271 indicated that the offender met the criteria for designation as
272 a sexual predator based on a violation of a similar law in
273 another jurisdiction,
274
275 the department shall remove that offender from the department’s
276 list of sexual predators and, for an offender described under
277 subparagraph 1., shall notify the state attorney who prosecuted
278 the offense that met the criteria for administrative designation
279 as a sexual predator, and, for an offender described under this
280 paragraph, shall notify the state attorney of the county where
281 the offender establishes or maintains a permanent, or temporary,
282 or transient residence. The state attorney shall bring the
283 matter to the court’s attention in order to establish that the
284 offender meets the criteria for designation as a sexual
285 predator. If the court makes a written finding that the offender
286 is a sexual predator, the offender must be designated as a
287 sexual predator, must register or be registered as a sexual
288 predator with the department as provided in subsection (6), and
289 is subject to the community and public notification as provided
290 in subsection (7). If the court does not make a written finding
291 that the offender is a sexual predator, the offender may not be
292 designated as a sexual predator with respect to that offense and
293 is not required to register or be registered as a sexual
294 predator with the department.
295 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
296 as a sexual predator as follows:
297 (a)1. An offender who meets the sexual predator criteria
298 described in paragraph (4)(d) is a sexual predator, and the
299 court shall make a written finding at the time such offender is
300 determined to be a sexually violent predator under chapter 394
301 that such person meets the criteria for designation as a sexual
302 predator for purposes of this section. The clerk shall transmit
303 a copy of the order containing the written finding to the
304 department within 48 hours after the entry of the order;
305 2. An offender who meets the sexual predator criteria
306 described in paragraph (4)(a) who is before the court for
307 sentencing for a current offense committed on or after October
308 1, 1993, is a sexual predator, and the sentencing court must
309 make a written finding at the time of sentencing that the
310 offender is a sexual predator, and the clerk of the court shall
311 transmit a copy of the order containing the written finding to
312 the department within 48 hours after the entry of the order; or
313 3. If the Department of Corrections, the department, or any
314 other law enforcement agency obtains information which indicates
315 that an offender who establishes or maintains a permanent, or
316 temporary, or transient residence in this state meets the sexual
317 predator criteria described in paragraph (4)(a) or paragraph
318 (4)(d) because the offender was civilly committed or committed a
319 similar violation in another jurisdiction on or after October 1,
320 1993, the Department of Corrections, the department, or the law
321 enforcement agency shall notify the state attorney of the county
322 where the offender establishes or maintains a permanent, or
323 temporary, or transient residence of the offender’s presence in
324 the community. The state attorney shall file a petition with the
325 criminal division of the circuit court for the purpose of
326 holding a hearing to determine if the offender’s criminal record
327 or record of civil commitment from another jurisdiction meets
328 the sexual predator criteria. If the court finds that the
329 offender meets the sexual predator criteria because the offender
330 has violated a similar law or similar laws in another
331 jurisdiction, the court shall make a written finding that the
332 offender is a sexual predator.
333
334 When the court makes a written finding that an offender is a
335 sexual predator, the court shall inform the sexual predator of
336 the registration and community and public notification
337 requirements described in this section. Within 48 hours after
338 the court designating an offender as a sexual predator, the
339 clerk of the circuit court shall transmit a copy of the court’s
340 written sexual predator finding to the department. If the
341 offender is sentenced to a term of imprisonment or supervision,
342 a copy of the court’s written sexual predator finding must be
343 submitted to the Department of Corrections.
344 (6) REGISTRATION.—
345 (a) A sexual predator must register with the department
346 through the sheriff’s office by providing the following
347 information to the department:
348 1. Name, social security number, age, race, sex, date of
349 birth, height, weight, hair and eye color, photograph, address
350 of legal residence and address of any current temporary
351 residence, within the state or out of state, including a rural
352 route address and a post office box, if no permanent or
353 temporary address, any transient residence within the state,
354 address, location or description, and dates of any current or
355 known future temporary residence within the state or out of
356 state, any electronic mail address and any instant message name
357 required to be provided pursuant to subparagraph (g)4., date and
358 place of any employment, date and place of each conviction,
359 fingerprints, and a brief description of the crime or crimes
360 committed by the offender. A post office box shall not be
361 provided in lieu of a physical residential address.
362 a. If the sexual predator’s place of residence is a motor
363 vehicle, trailer, mobile home, or manufactured home, as defined
364 in chapter 320, the sexual predator shall also provide to the
365 department written notice of the vehicle identification number;
366 the license tag number; the registration number; and a
367 description, including color scheme, of the motor vehicle,
368 trailer, mobile home, or manufactured home. If a sexual
369 predator’s place of residence is a vessel, live-aboard vessel,
370 or houseboat, as defined in chapter 327, the sexual predator
371 shall also provide to the department written notice of the hull
372 identification number; the manufacturer’s serial number; the
373 name of the vessel, live-aboard vessel, or houseboat; the
374 registration number; and a description, including color scheme,
375 of the vessel, live-aboard vessel, or houseboat.
376 b. If the sexual predator is enrolled, employed, or
377 carrying on a vocation at an institution of higher education in
378 this state, the sexual predator shall also provide to the
379 department the name, address, and county of each institution,
380 including each campus attended, and the sexual predator’s
381 enrollment or employment status. Each change in enrollment or
382 employment status shall be reported in person at the sheriff’s
383 office, or the Department of Corrections if the sexual predator
384 is in the custody or control of or under the supervision of the
385 Department of Corrections, within 48 hours after any change in
386 status. The sheriff or the Department of Corrections shall
387 promptly notify each institution of the sexual predator’s
388 presence and any change in the sexual predator’s enrollment or
389 employment status.
390 2. Any other information determined necessary by the
391 department, including criminal and corrections records;
392 nonprivileged personnel and treatment records; and evidentiary
393 genetic markers when available.
394 (f) Within 48 hours after the registration required under
395 paragraph (a) or paragraph (e), a sexual predator who is not
396 incarcerated and who resides in the community, including a
397 sexual predator under the supervision of the Department of
398 Corrections, shall register in person at a driver’s license
399 office of the Department of Highway Safety and Motor Vehicles
400 and shall present proof of registration. At the driver’s license
401 office the sexual predator shall:
402 1. If otherwise qualified, secure a Florida driver’s
403 license, renew a Florida driver’s license, or secure an
404 identification card. The sexual predator shall identify himself
405 or herself as a sexual predator who is required to comply with
406 this section, provide his or her place of permanent, or
407 temporary, or transient residence, including a rural route
408 address and a post office box, and submit to the taking of a
409 photograph for use in issuing a driver’s license, renewed
410 license, or identification card, and for use by the department
411 in maintaining current records of sexual predators. A post
412 office box shall not be provided in lieu of a physical
413 residential address. If the sexual predator’s place of residence
414 is a motor vehicle, trailer, mobile home, or manufactured home,
415 as defined in chapter 320, the sexual predator shall also
416 provide to the Department of Highway Safety and Motor Vehicles
417 the vehicle identification number; the license tag number; the
418 registration number; and a description, including color scheme,
419 of the motor vehicle, trailer, mobile home, or manufactured
420 home. If a sexual predator’s place of residence is a vessel,
421 live-aboard vessel, or houseboat, as defined in chapter 327, the
422 sexual predator shall also provide to the Department of Highway
423 Safety and Motor Vehicles the hull identification number; the
424 manufacturer’s serial number; the name of the vessel, live
425 aboard vessel, or houseboat; the registration number; and a
426 description, including color scheme, of the vessel, live-aboard
427 vessel, or houseboat.
428 2. Pay the costs assessed by the Department of Highway
429 Safety and Motor Vehicles for issuing or renewing a driver’s
430 license or identification card as required by this section. The
431 driver’s license or identification card issued to the sexual
432 predator must be in compliance with s. 322.141(3).
433 3. Provide, upon request, any additional information
434 necessary to confirm the identity of the sexual predator,
435 including a set of fingerprints.
436 (g)1. Each time a sexual predator’s driver’s license or
437 identification card is subject to renewal, and, without regard
438 to the status of the predator’s driver’s license or
439 identification card, within 48 hours after any change of the
440 predator’s residence or change in the predator’s name by reason
441 of marriage or other legal process, the predator shall report in
442 person to a driver’s license office and shall be subject to the
443 requirements specified in paragraph (f). The Department of
444 Highway Safety and Motor Vehicles shall forward to the
445 department and to the Department of Corrections all photographs
446 and information provided by sexual predators. Notwithstanding
447 the restrictions set forth in s. 322.142, the Department of
448 Highway Safety and Motor Vehicles is authorized to release a
449 reproduction of a color-photograph or digital-image license to
450 the Department of Law Enforcement for purposes of public
451 notification of sexual predators as provided in this section.
452 2. A sexual predator who vacates a permanent, temporary, or
453 transient residence and fails to establish or maintain another
454 permanent or temporary residence shall, within 48 hours after
455 vacating the permanent, temporary, or transient residence,
456 report in person to the sheriff’s office of the county in which
457 he or she is located. The sexual predator shall specify the date
458 upon which he or she intends to or did vacate such residence.
459 The sexual predator must provide or update all of the
460 registration information required under paragraph (a). The
461 sexual predator must provide an address for the residence or
462 other place location that he or she is or will be located
463 occupying during the time in which he or she fails to establish
464 or maintain a permanent or temporary residence.
465 3. A sexual predator who remains at a permanent, temporary,
466 or transient residence after reporting his or her intent to
467 vacate such residence shall, within 48 hours after the date upon
468 which the predator indicated he or she would or did vacate such
469 residence, report in person to the sheriff’s office to which he
470 or she reported pursuant to subparagraph 2. for the purpose of
471 reporting his or her address at such residence. When the sheriff
472 receives the report, the sheriff shall promptly convey the
473 information to the department. An offender who makes a report as
474 required under subparagraph 2. but fails to make a report as
475 required under this subparagraph commits a felony of the second
476 degree, punishable as provided in s. 775.082, s. 775.083, or s.
477 775.084.
478 4. A sexual predator must register any electronic mail
479 address or instant message name with the department prior to
480 using such electronic mail address or instant message name on or
481 after October 1, 2007. The department shall establish an online
482 system through which sexual predators may securely access and
483 update all electronic mail address and instant message name
484 information.
485 (i) A sexual predator who intends to establish a permanent,
486 temporary, or transient residence in another state or
487 jurisdiction other than the State of Florida shall report in
488 person to the sheriff of the county of current residence within
489 48 hours before the date he or she intends to leave this state
490 to establish residence in another state or jurisdiction. The
491 sexual predator must provide to the sheriff the address,
492 municipality, county, and state of intended residence. The
493 sheriff shall promptly provide to the department the information
494 received from the sexual predator. The department shall notify
495 the statewide law enforcement agency, or a comparable agency, in
496 the intended state or jurisdiction of residence of the sexual
497 predator’s intended residence. The failure of a sexual predator
498 to provide his or her intended place of residence is punishable
499 as provided in subsection (10).
500 (j) A sexual predator who indicates his or her intent to
501 establish a permanent, temporary, or transient residence reside
502 in another state or jurisdiction other than the State of Florida
503 and later decides to remain in this state shall, within 48 hours
504 after the date upon which the sexual predator indicated he or
505 she would leave this state, report in person to the sheriff to
506 which the sexual predator reported the intended change of
507 residence, and report his or her intent to remain in this state.
508 If the sheriff is notified by the sexual predator that he or she
509 intends to remain in this state, the sheriff shall promptly
510 report this information to the department. A sexual predator who
511 reports his or her intent to establish a permanent, temporary,
512 or transient residence reside in another state or jurisdiction,
513 but who remains in this state without reporting to the sheriff
514 in the manner required by this paragraph, commits a felony of
515 the second degree, punishable as provided in s. 775.082, s.
516 775.083, or s. 775.084.
517 (7) COMMUNITY AND PUBLIC NOTIFICATION.—
518 (a) Law enforcement agencies must inform members of the
519 community and the public of a sexual predator’s presence. Upon
520 notification of the presence of a sexual predator, the sheriff
521 of the county or the chief of police of the municipality where
522 the sexual predator establishes or maintains a permanent or
523 temporary residence shall notify members of the community and
524 the public of the presence of the sexual predator in a manner
525 deemed appropriate by the sheriff or the chief of police. Within
526 48 hours after receiving notification of the presence of a
527 sexual predator, the sheriff of the county or the chief of
528 police of the municipality where the sexual predator temporarily
529 or permanently resides shall notify each licensed day care
530 center, elementary school, middle school, and high school within
531 a 1-mile radius of the temporary or permanent residence of the
532 sexual predator of the presence of the sexual predator.
533 Information provided to members of the community and the public
534 regarding a sexual predator must include:
535 1. The name of the sexual predator;
536 2. A description of the sexual predator, including a
537 photograph;
538 3. The sexual predator’s current permanent, temporary, and
539 transient addresses, and descriptions of registered locations
540 that have no specific street address, including the name of the
541 county or municipality if known;
542 4. The circumstances of the sexual predator’s offense or
543 offenses; and
544 5. Whether the victim of the sexual predator’s offense or
545 offenses was, at the time of the offense, a minor or an adult.
546
547 This paragraph does not authorize the release of the name of any
548 victim of the sexual predator.
549 (8) VERIFICATION.—The department and the Department of
550 Corrections shall implement a system for verifying the addresses
551 of sexual predators. The system must be consistent with the
552 provisions of the federal Adam Walsh Child Protection and Safety
553 Act of 2006 and any other federal standards applicable to such
554 verification or required to be met as a condition for the
555 receipt of federal funds by the state. The Department of
556 Corrections shall verify the addresses of sexual predators who
557 are not incarcerated but who reside in the community under the
558 supervision of the Department of Corrections and shall report to
559 the department any failure by a sexual predator to comply with
560 registration requirements. County and local law enforcement
561 agencies, in conjunction with the department, shall verify the
562 addresses of sexual predators who are not under the care,
563 custody, control, or supervision of the Department of
564 Corrections. Local law enforcement agencies shall report to the
565 department any failure by a sexual predator to comply with
566 registration requirements.
567 (a) A sexual predator must report in person each year
568 during the month of the sexual predator’s birthday and during
569 every third month thereafter to the sheriff’s office in the
570 county in which he or she resides or is otherwise located to
571 reregister. The sheriff’s office may determine the appropriate
572 times and days for reporting by the sexual predator, which shall
573 be consistent with the reporting requirements of this paragraph.
574 Reregistration shall include any changes to the following
575 information:
576 1. Name; social security number; age; race; sex; date of
577 birth; height; weight; hair and eye color; address of any
578 permanent residence and address of any current temporary
579 residence, within the state or out of state, including a rural
580 route address and a post office box; if no permanent or
581 temporary address, any transient residence within the state;
582 address, location or description, and dates of any current or
583 known future temporary residence within the state or out of
584 state; any electronic mail address and any instant message name
585 required to be provided pursuant to subparagraph (6)(g)4.; date
586 and place of any employment; vehicle make, model, color, and
587 license tag number; fingerprints; and photograph. A post office
588 box shall not be provided in lieu of a physical residential
589 address.
590 2. If the sexual predator is enrolled, employed, or
591 carrying on a vocation at an institution of higher education in
592 this state, the sexual predator shall also provide to the
593 department the name, address, and county of each institution,
594 including each campus attended, and the sexual predator’s
595 enrollment or employment status.
596 3. If the sexual predator’s place of residence is a motor
597 vehicle, trailer, mobile home, or manufactured home, as defined
598 in chapter 320, the sexual predator shall also provide the
599 vehicle identification number; the license tag number; the
600 registration number; and a description, including color scheme,
601 of the motor vehicle, trailer, mobile home, or manufactured
602 home. If the sexual predator’s place of residence is a vessel,
603 live-aboard vessel, or houseboat, as defined in chapter 327, the
604 sexual predator shall also provide the hull identification
605 number; the manufacturer’s serial number; the name of the
606 vessel, live-aboard vessel, or houseboat; the registration
607 number; and a description, including color scheme, of the
608 vessel, live-aboard vessel, or houseboat.
609 Section 5. Paragraph (c) of subsection (1), subsection (2),
610 paragraphs (a), (b), and (c) of subsection (4), subsections (7),
611 (8), and (10), and paragraph (c) of subsection (14) of section
612 943.0435, Florida Statutes, are amended to read:
613 943.0435 Sexual offenders required to register with the
614 department; penalty.—
615 (1) As used in this section, the term:
616 (c) “Permanent residence,” and “temporary residence,” and
617 “transient residence” have the same meaning ascribed in s.
618 775.21.
619 (2) A sexual offender shall:
620 (a) Report in person at the sheriff’s office:
621 1. In the county in which the offender establishes or
622 maintains a permanent, or temporary, or transient residence
623 within 48 hours after:
624 a. Establishing permanent, or temporary, or transient
625 residence in this state ; or
626 b. Being released from the custody, control, or supervision
627 of the Department of Corrections or from the custody of a
628 private correctional facility; or
629 2. In the county where he or she was convicted within 48
630 hours after being convicted for a qualifying offense for
631 registration under this section if the offender is not in the
632 custody or control of, or under the supervision of, the
633 Department of Corrections, or is not in the custody of a private
634 correctional facility.
635
636 Any change in the information required to be provided pursuant
637 to paragraph (b), including, but not limited to, any change in
638 the sexual offender’s permanent, or temporary, or transient
639 residence, name, any electronic mail address, and any instant
640 message name required to be provided pursuant to paragraph
641 (4)(d), after the sexual offender reports in person at the
642 sheriff’s office, shall be accomplished in the manner provided
643 in subsections (4), (7), and (8).
644 (b) Provide his or her name, date of birth, social security
645 number, race, sex, height, weight, hair and eye color, tattoos
646 or other identifying marks, occupation and place of employment,
647 address of permanent or legal residence or address of any
648 current temporary residence, within the state and out of state,
649 including a rural route address and a post office box, if no
650 permanent or temporary address, any transient residence within
651 the state, address, location or description, and dates of any
652 current or known future temporary residence within the state or
653 out of state, any electronic mail address and any instant
654 message name required to be provided pursuant to paragraph
655 (4)(d), date and place of each conviction, and a brief
656 description of the crime or crimes committed by the offender. A
657 post office box shall not be provided in lieu of a physical
658 residential address.
659 1. If the sexual offender’s place of residence is a motor
660 vehicle, trailer, mobile home, or manufactured home, as defined
661 in chapter 320, the sexual offender shall also provide to the
662 department through the sheriff’s office written notice of the
663 vehicle identification number; the license tag number; the
664 registration number; and a description, including color scheme,
665 of the motor vehicle, trailer, mobile home, or manufactured
666 home. If the sexual offender’s place of residence is a vessel,
667 live-aboard vessel, or houseboat, as defined in chapter 327, the
668 sexual offender shall also provide to the department written
669 notice of the hull identification number; the manufacturer’s
670 serial number; the name of the vessel, live-aboard vessel, or
671 houseboat; the registration number; and a description, including
672 color scheme, of the vessel, live-aboard vessel, or houseboat.
673 2. If the sexual offender is enrolled, employed, or
674 carrying on a vocation at an institution of higher education in
675 this state, the sexual offender shall also provide to the
676 department through the sheriff’s office the name, address, and
677 county of each institution, including each campus attended, and
678 the sexual offender’s enrollment or employment status. Each
679 change in enrollment or employment status shall be reported in
680 person at the sheriff’s office, within 48 hours after any change
681 in status. The sheriff shall promptly notify each institution of
682 the sexual offender’s presence and any change in the sexual
683 offender’s enrollment or employment status.
684
685 When a sexual offender reports at the sheriff’s office, the
686 sheriff shall take a photograph and a set of fingerprints of the
687 offender and forward the photographs and fingerprints to the
688 department, along with the information provided by the sexual
689 offender. The sheriff shall promptly provide to the department
690 the information received from the sexual offender.
691 (4)(a) Each time a sexual offender’s driver’s license or
692 identification card is subject to renewal, and, without regard
693 to the status of the offender’s driver’s license or
694 identification card, within 48 hours after any change in the
695 offender’s permanent, or temporary, or transient residence or
696 change in the offender’s name by reason of marriage or other
697 legal process, the offender shall report in person to a driver’s
698 license office, and shall be subject to the requirements
699 specified in subsection (3). The Department of Highway Safety
700 and Motor Vehicles shall forward to the department all
701 photographs and information provided by sexual offenders.
702 Notwithstanding the restrictions set forth in s. 322.142, the
703 Department of Highway Safety and Motor Vehicles is authorized to
704 release a reproduction of a color-photograph or digital-image
705 license to the Department of Law Enforcement for purposes of
706 public notification of sexual offenders as provided in this
707 section and ss. 943.043 and 944.606.
708 (b) A sexual offender who vacates a permanent, temporary,
709 or transient residence and fails to establish or maintain
710 another permanent or temporary residence shall, within 48 hours
711 after vacating the permanent, temporary, or transient residence,
712 report in person to the sheriff’s office of the county in which
713 he or she is located. The sexual offender shall specify the date
714 upon which he or she intends to or did vacate such residence.
715 The sexual offender must provide or update all of the
716 registration information required under paragraph (2)(b). The
717 sexual offender must provide an address for the residence or
718 other place location that he or she is or will be located
719 occupying during the time in which he or she fails to establish
720 or maintain a permanent or temporary residence.
721 (c) A sexual offender who remains at a permanent,
722 temporary, or transient residence after reporting his or her
723 intent to vacate such residence shall, within 48 hours after the
724 date upon which the offender indicated he or she would or did
725 vacate such residence, report in person to the agency to which
726 he or she reported pursuant to paragraph (b) for the purpose of
727 reporting his or her address at such residence. When the sheriff
728 receives the report, the sheriff shall promptly convey the
729 information to the department. An offender who makes a report as
730 required under paragraph (b) but fails to make a report as
731 required under this paragraph commits a felony of the second
732 degree, punishable as provided in s. 775.082, s. 775.083, or s.
733 775.084.
734 (7) A sexual offender who intends to establish a permanent,
735 temporary, or transient residence in another state or
736 jurisdiction other than the State of Florida shall report in
737 person to the sheriff of the county of current residence within
738 48 hours before the date he or she intends to leave this state
739 to establish residence in another state or jurisdiction. The
740 notification must include the address, municipality, county, and
741 state of intended residence. The sheriff shall promptly provide
742 to the department the information received from the sexual
743 offender. The department shall notify the statewide law
744 enforcement agency, or a comparable agency, in the intended
745 state or jurisdiction of residence of the sexual offender’s
746 intended residence. The failure of a sexual offender to provide
747 his or her intended place of residence is punishable as provided
748 in subsection (9).
749 (8) A sexual offender who indicates his or her intent to
750 establish a permanent, temporary, or transient residence reside
751 in another state or jurisdiction other than the State of Florida
752 and later decides to remain in this state shall, within 48 hours
753 after the date upon which the sexual offender indicated he or
754 she would leave this state, report in person to the sheriff to
755 which the sexual offender reported the intended change of
756 permanent, temporary, or transient residence, and report his or
757 her intent to remain in this state. The sheriff shall promptly
758 report this information to the department. A sexual offender who
759 reports his or her intent to establish a permanent, temporary,
760 or transient residence reside in another state or jurisdiction
761 but who remains in this state without reporting to the sheriff
762 in the manner required by this subsection commits a felony of
763 the second degree, punishable as provided in s. 775.082, s.
764 775.083, or s. 775.084.
765 (10) The department, the Department of Highway Safety and
766 Motor Vehicles, the Department of Corrections, the Department of
767 Juvenile Justice, any law enforcement agency in this state, and
768 the personnel of those departments; an elected or appointed
769 official, public employee, or school administrator; or an
770 employee, agency, or any individual or entity acting at the
771 request or upon the direction of any law enforcement agency is
772 immune from civil liability for damages for good faith
773 compliance with the requirements of this section or for the
774 release of information under this section, and shall be presumed
775 to have acted in good faith in compiling, recording, reporting,
776 or releasing the information. The presumption of good faith is
777 not overcome if a technical or clerical error is made by the
778 department, the Department of Highway Safety and Motor Vehicles,
779 the Department of Corrections, the Department of Juvenile
780 Justice, the personnel of those departments, or any individual
781 or entity acting at the request or upon the direction of any of
782 those departments in compiling or providing information, or if
783 information is incomplete or incorrect because a sexual offender
784 fails to report or falsely reports his or her current place of
785 permanent, or temporary, or transient residence.
786 (14)
787 (c) The sheriff’s office may determine the appropriate
788 times and days for reporting by the sexual offender, which shall
789 be consistent with the reporting requirements of this
790 subsection. Reregistration shall include any changes to the
791 following information:
792 1. Name; social security number; age; race; sex; date of
793 birth; height; weight; hair and eye color; address of any
794 permanent residence and address of any current temporary
795 residence, within the state or out of state, including a rural
796 route address and a post office box; if no permanent or
797 temporary address, any transient residence within the state;
798 address, location or description, and dates of any current or
799 known future temporary residence within the state or out of
800 state; any electronic mail address and any instant message name
801 required to be provided pursuant to paragraph (4)(d); date and
802 place of any employment; vehicle make, model, color, and license
803 tag number; fingerprints; and photograph. A post office box
804 shall not be provided in lieu of a physical residential address.
805 2. If the sexual offender is enrolled, employed, or
806 carrying on a vocation at an institution of higher education in
807 this state, the sexual offender shall also provide to the
808 department the name, address, and county of each institution,
809 including each campus attended, and the sexual offender’s
810 enrollment or employment status.
811 3. If the sexual offender’s place of residence is a motor
812 vehicle, trailer, mobile home, or manufactured home, as defined
813 in chapter 320, the sexual offender shall also provide the
814 vehicle identification number; the license tag number; the
815 registration number; and a description, including color scheme,
816 of the motor vehicle, trailer, mobile home, or manufactured
817 home. If the sexual offender’s place of residence is a vessel,
818 live-aboard vessel, or houseboat, as defined in chapter 327, the
819 sexual offender shall also provide the hull identification
820 number; the manufacturer’s serial number; the name of the
821 vessel, live-aboard vessel, or houseboat; the registration
822 number; and a description, including color scheme, of the
823 vessel, live-aboard vessel or houseboat.
824 4. Any sexual offender who fails to report in person as
825 required at the sheriff’s office, or who fails to respond to any
826 address verification correspondence from the department within 3
827 weeks of the date of the correspondence or who fails to report
828 electronic mail addresses or instant message names, commits a
829 felony of the third degree, punishable as provided in s.
830 775.082, s. 775.083, or s. 775.084.
831 Section 6. Section 943.04352, Florida Statutes, is amended
832 to read:
833 943.04352 Search of registration information regarding
834 sexual predators and sexual offenders required when placement on
835 misdemeanor probation.—When the court places a defendant on
836 misdemeanor probation pursuant to ss. 948.01 and 948.15, the
837 public or private entity providing probation services must
838 conduct a search of the probationer’s name or other identifying
839 information against the registration information regarding
840 sexual predators and sexual offenders maintained by the
841 Department of Law Enforcement under s. 943.043. The probation
842 services provider may conduct the search using the Internet site
843 maintained by the Department of Law Enforcement. Also, a
844 national search must be conducted through the Dru Sjodin
845 National Sex Offender Public Website maintained by the United
846 States Department of Justice.
847 Section 7. Paragraph (a) of subsection (3) of section
848 944.606, Florida Statutes, is amended to read:
849 944.606 Sexual offenders; notification upon release.—
850 (3)(a) The department must provide information regarding
851 any sexual offender who is being released after serving a period
852 of incarceration for any offense, as follows:
853 1. The department must provide: the sexual offender’s name,
854 any change in the offender’s name by reason of marriage or other
855 legal process, and any alias, if known; the correctional
856 facility from which the sexual offender is released; the sexual
857 offender’s social security number, race, sex, date of birth,
858 height, weight, and hair and eye color; address of any planned
859 permanent residence or temporary residence, within the state or
860 out of state, including a rural route address and a post office
861 box; if no permanent or temporary address, any transient
862 residence within the state; address, location or description,
863 and dates of any known future temporary residence within the
864 state or out of state; date and county of sentence and each
865 crime for which the offender was sentenced; a copy of the
866 offender’s fingerprints and a digitized photograph taken within
867 60 days before release; the date of release of the sexual
868 offender; and any electronic mail address and any instant
869 message name required to be provided pursuant to s.
870 943.0435(4)(d); and the offender’s intended residence address,
871 if known. The department shall notify the Department of Law
872 Enforcement if the sexual offender escapes, absconds, or dies.
873 If the sexual offender is in the custody of a private
874 correctional facility, the facility shall take the digitized
875 photograph of the sexual offender within 60 days before the
876 sexual offender’s release and provide this photograph to the
877 Department of Corrections and also place it in the sexual
878 offender’s file. If the sexual offender is in the custody of a
879 local jail, the custodian of the local jail shall register the
880 offender within 3 business days after intake of the offender for
881 any reason and upon release, and shall notify the Department of
882 Law Enforcement of the sexual offender’s release and provide to
883 the Department of Law Enforcement the information specified in
884 this paragraph and any information specified in subparagraph 2.
885 that the Department of Law Enforcement requests.
886 2. The department may provide any other information deemed
887 necessary, including criminal and corrections records,
888 nonprivileged personnel and treatment records, when available.
889 Section 8. Subsections (4) and (6) and paragraph (c) of
890 subsection (13) of section 944.607, Florida Statutes, are
891 amended to read:
892 944.607 Notification to Department of Law Enforcement of
893 information on sexual offenders.—
894 (4) A sexual offender, as described in this section, who is
895 under the supervision of the Department of Corrections but is
896 not incarcerated must register with the Department of
897 Corrections within 3 business days after sentencing for a
898 registrable registerable offense and otherwise provide
899 information as required by this subsection.
900 (a) The sexual offender shall provide his or her name; date
901 of birth; social security number; race; sex; height; weight;
902 hair and eye color; tattoos or other identifying marks; any
903 electronic mail address and any instant message name required to
904 be provided pursuant to s. 943.0435(4)(d); and permanent or
905 legal residence and address of temporary residence within the
906 state or out of state while the sexual offender is under
907 supervision in this state, including any rural route address or
908 post office box; if no permanent or temporary address, any
909 transient residence within the state; and address, location or
910 description, and dates of any current or known future temporary
911 residence within the state or out of state. The Department of
912 Corrections shall verify the address of each sexual offender in
913 the manner described in ss. 775.21 and 943.0435. The department
914 shall report to the Department of Law Enforcement any failure by
915 a sexual predator or sexual offender to comply with registration
916 requirements.
917 (b) If the sexual offender is enrolled, employed, or
918 carrying on a vocation at an institution of higher education in
919 this state, the sexual offender shall provide the name, address,
920 and county of each institution, including each campus attended,
921 and the sexual offender’s enrollment or employment status. Each
922 change in enrollment or employment status shall be reported to
923 the department within 48 hours after the change in status. The
924 Department of Corrections shall promptly notify each institution
925 of the sexual offender’s presence and any change in the sexual
926 offender’s enrollment or employment status.
927 (6) The information provided to the Department of Law
928 Enforcement must include:
929 (a) The information obtained from the sexual offender under
930 subsection (4);
931 (b) The sexual offender’s most current address, and place
932 of permanent, and temporary, or transient residence within the
933 state or out of state, and address, location or description, and
934 dates of any current or known future temporary residence within
935 the state or out of state, while the sexual offender is under
936 supervision in this state, including the name of the county or
937 municipality in which the offender permanently or temporarily
938 resides, or has a transient residence, and address, location or
939 description, and dates of any current or known future temporary
940 residence within the state or out of state, and, if known, the
941 intended place of permanent, or temporary, or transient
942 residence, and address, location or description, and dates of
943 any current or known future temporary residence within the state
944 or out of state upon satisfaction of all sanctions;
945 (c) The legal status of the sexual offender and the
946 scheduled termination date of that legal status;
947 (d) The location of, and local telephone number for, any
948 Department of Corrections’ office that is responsible for
949 supervising the sexual offender;
950 (e) An indication of whether the victim of the offense that
951 resulted in the offender’s status as a sexual offender was a
952 minor;
953 (f) The offense or offenses at conviction which resulted in
954 the determination of the offender’s status as a sex offender;
955 and
956 (g) A digitized photograph of the sexual offender which
957 must have been taken within 60 days before the offender is
958 released from the custody of the department or a private
959 correctional facility by expiration of sentence under s. 944.275
960 or must have been taken by January 1, 1998, or within 60 days
961 after the onset of the department’s supervision of any sexual
962 offender who is on probation, community control, conditional
963 release, parole, provisional release, or control release or who
964 is supervised by the department under the Interstate Compact
965 Agreement for Probationers and Parolees. If the sexual offender
966 is in the custody of a private correctional facility, the
967 facility shall take a digitized photograph of the sexual
968 offender within the time period provided in this paragraph and
969 shall provide the photograph to the department.
970
971 If any information provided by the department changes during the
972 time the sexual offender is under the department’s control,
973 custody, or supervision, including any change in the offender’s
974 name by reason of marriage or other legal process, the
975 department shall, in a timely manner, update the information and
976 provide it to the Department of Law Enforcement in the manner
977 prescribed in subsection (2).
978 (13)
979 (c) The sheriff’s office may determine the appropriate
980 times and days for reporting by the sexual offender, which shall
981 be consistent with the reporting requirements of this
982 subsection. Reregistration shall include any changes to the
983 following information:
984 1. Name; social security number; age; race; sex; date of
985 birth; height; weight; hair and eye color; address of any
986 permanent residence and address of any current temporary
987 residence, within the state or out of state, including a rural
988 route address and a post office box; if no permanent or
989 temporary address, any transient residence; address, location or
990 description, and dates of any current or known future temporary
991 residence within the state and out of state; any electronic mail
992 address and any instant message name required to be provided
993 pursuant to s. 943.0435(4)(d); date and place of any employment;
994 vehicle make, model, color, and license tag number;
995 fingerprints; and photograph. A post office box shall not be
996 provided in lieu of a physical residential address.
997 2. If the sexual offender is enrolled, employed, or
998 carrying on a vocation at an institution of higher education in
999 this state, the sexual offender shall also provide to the
1000 department the name, address, and county of each institution,
1001 including each campus attended, and the sexual offender’s
1002 enrollment or employment status.
1003 3. If the sexual offender’s place of residence is a motor
1004 vehicle, trailer, mobile home, or manufactured home, as defined
1005 in chapter 320, the sexual offender shall also provide the
1006 vehicle identification number; the license tag number; the
1007 registration number; and a description, including color scheme,
1008 of the motor vehicle, trailer, mobile home, or manufactured
1009 home. If the sexual offender’s place of residence is a vessel,
1010 live-aboard vessel, or houseboat, as defined in chapter 327, the
1011 sexual offender shall also provide the hull identification
1012 number; the manufacturer’s serial number; the name of the
1013 vessel, live-aboard vessel, or houseboat; the registration
1014 number; and a description, including color scheme, of the
1015 vessel, live-aboard vessel or houseboat.
1016 4. Any sexual offender who fails to report in person as
1017 required at the sheriff’s office, or who fails to respond to any
1018 address verification correspondence from the department within 3
1019 weeks of the date of the correspondence, or who fails to report
1020 electronic mail addresses or instant message names, commits a
1021 felony of the third degree, punishable as provided in s.
1022 775.082, s. 775.083, or s. 775.084.
1023 Section 9. Subsections (2) and (7) of section 947.1405,
1024 Florida Statutes, are amended, and subsections (12) and (13) are
1025 added to that section, to read:
1026 947.1405 Conditional release program.—
1027 (2)(a) Any inmate who:
1028 1.(a) Is convicted of a crime committed on or after October
1029 1, 1988, and before January 1, 1994, or and any inmate who is
1030 convicted of a crime committed on or after January 1, 1994,
1031 which crime is or was contained in category 1, category 2,
1032 category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
1033 Rules of Criminal Procedure (1993), and who has served at least
1034 one prior felony commitment at a state or federal correctional
1035 institution;
1036 2.(b) Is sentenced as a habitual or violent habitual
1037 offender or a violent career criminal pursuant to s. 775.084; or
1038 3.(c) Is found to be a sexual predator under s. 775.21 or
1039 former s. 775.23,
1040
1041 shall, upon reaching the tentative release date or provisional
1042 release date, whichever is earlier, as established by the
1043 Department of Corrections, be released under supervision subject
1044 to specified terms and conditions, including payment of the cost
1045 of supervision pursuant to s. 948.09. Such supervision applies
1046 shall be applicable to all sentences within the overall term of
1047 sentences if an inmate’s overall term of sentences includes one
1048 or more sentences that are eligible for conditional release
1049 supervision as provided in this section herein. Effective July
1050 1, 1994, and applicable
1051 (b) For offenses committed on or after July 1, 1994 that
1052 date, the commission may require, as a condition of conditional
1053 release, that the releasee make payment of the debt due and
1054 owing to a county or municipal detention facility under s.
1055 951.032 for medical care, treatment, hospitalization, or
1056 transportation received by the releasee while in that detention
1057 facility. The commission, in determining whether to order such
1058 repayment and the amount of such repayment, shall consider the
1059 amount of the debt, whether there was any fault of the
1060 institution for the medical expenses incurred, the financial
1061 resources of the releasee, the present and potential future
1062 financial needs and earning ability of the releasee, and
1063 dependents, and other appropriate factors.
1064 (c) If any inmate placed on conditional release supervision
1065 is also subject to probation or community control, resulting
1066 from a probationary or community control split sentence within
1067 the overall term of sentences, the Department of Corrections
1068 shall supervise such person according to the conditions imposed
1069 by the court and the commission shall defer to such supervision.
1070 If the court revokes probation or community control and
1071 resentences the offender to a term of incarceration, such
1072 revocation also constitutes a sufficient basis for the
1073 revocation of the conditional release supervision on any
1074 nonprobationary or noncommunity control sentence without further
1075 hearing by the commission. If any such supervision on any
1076 nonprobationary or noncommunity control sentence is revoked,
1077 such revocation may result in a forfeiture of all gain-time, and
1078 the commission may revoke the resulting deferred conditional
1079 release supervision or take other action it considers
1080 appropriate. If the term of conditional release supervision
1081 exceeds that of the probation or community control, then, upon
1082 expiration of the probation or community control, authority for
1083 the supervision shall revert to the commission and the
1084 supervision shall be subject to the conditions imposed by the
1085 commission.
1086 (d) A panel of no fewer than two commissioners shall
1087 establish the terms and conditions of any such release. If the
1088 offense was a controlled substance violation, the conditions
1089 shall include a requirement that the offender submit to random
1090 substance abuse testing intermittently throughout the term of
1091 conditional release supervision, upon the direction of the
1092 correctional probation officer as defined in s. 943.10(3). The
1093 commission shall also determine whether the terms and conditions
1094 of such release have been violated and whether such violation
1095 warrants revocation of the conditional release.
1096 (7)(a) Any inmate who is convicted of a crime committed on
1097 or after October 1, 1995, or who has been previously convicted
1098 of a crime committed on or after October 1, 1995, in violation
1099 of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
1100 847.0145, and is subject to conditional release supervision,
1101 shall have, in addition to any other conditions imposed, the
1102 following special conditions imposed by the commission:
1103 1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
1104 may designate another 8-hour period if the offender’s employment
1105 precludes the above specified time, and such alternative is
1106 recommended by the Department of Corrections. If the commission
1107 determines that imposing a curfew would endanger the victim, the
1108 commission may consider alternative sanctions.
1109 2.a. If the victim was under the age of 18, a prohibition
1110 on living within 1,500 1,000 feet of a school, child care
1111 facility day care center, park, playground, designated public
1112 school bus stop, or any business or other place where children
1113 regularly congregate, and 1,000 of a designated public school
1114 bus stop. The distance in this subparagraph must be measured in
1115 a straight line from the offender’s place of residence to the
1116 nearest boundary line of any designated school bus stop, school,
1117 child care facility, park, playground, or business or other
1118 place where children regularly congregate. A releasee who is
1119 subject to this subparagraph may not relocate to a residence
1120 that is within 1,000 feet of a public school bus stop. Beginning
1121 October 1, 2004,The commission or the department may not approve
1122 a residence that is located within 1,000 feet of a school, day
1123 care center, park, playground, designated school bus stop, or
1124 other place where children regularly congregate for any releasee
1125 who is subject to this subparagraph. On October 1, 2004,
1126 b. The department shall notify each affected school
1127 district of the location of the residence of a releasee 30 days
1128 prior to release and thereafter, if the releasee relocates to a
1129 new residence, shall notify any affected school district of the
1130 residence of the releasee within 30 days after relocation. If,
1131 on October 1, 2004, any public school bus stop is located within
1132 1,000 feet of the existing residence of such releasee, the
1133 district school board shall relocate that school bus stop.
1134 Beginning October 1, 2004, A district school board may not
1135 establish or relocate a public school bus stop within 1,000 feet
1136 of the residence of a releasee who is subject to this
1137 subparagraph. The failure of the district school board to comply
1138 with this subparagraph shall not result in a violation of
1139 conditional release supervision.
1140 3. Active participation in and successful completion of a
1141 sex offender treatment program with qualified practitioners
1142 specifically trained to treat sex offenders, at the releasee’s
1143 own expense. If a qualified practitioner is not available within
1144 a 50-mile radius of the releasee’s residence, the offender shall
1145 participate in other appropriate therapy.
1146 4. A prohibition on any contact with the victim, directly
1147 or indirectly, including through a third person, unless approved
1148 by the victim, the offender’s therapist, and the sentencing
1149 court.
1150 5. If the victim was under the age of 18, a prohibition
1151 against contact with children under the age of 18 without review
1152 and approval by the commission. The commission may approve
1153 supervised contact with a child under the age of 18 if the
1154 approval is based upon a recommendation for contact issued by a
1155 qualified practitioner who is basing the recommendation on a
1156 risk assessment. Further, the sex offender must be currently
1157 enrolled in or have successfully completed a sex offender
1158 therapy program. The commission may not grant supervised contact
1159 with a child if the contact is not recommended by a qualified
1160 practitioner and may deny supervised contact with a child at any
1161 time. When considering whether to approve supervised contact
1162 with a child, the commission must review and consider the
1163 following:
1164 a. A risk assessment completed by a qualified practitioner.
1165 The qualified practitioner must prepare a written report that
1166 must include the findings of the assessment and address each of
1167 the following components:
1168 (I) The sex offender’s current legal status;
1169 (II) The sex offender’s history of adult charges with
1170 apparent sexual motivation;
1171 (III) The sex offender’s history of adult charges without
1172 apparent sexual motivation;
1173 (IV) The sex offender’s history of juvenile charges,
1174 whenever available;
1175 (V) The sex offender’s offender treatment history,
1176 including a consultation from the sex offender’s treating, or
1177 most recent treating, therapist;
1178 (VI) The sex offender’s current mental status;
1179 (VII) The sex offender’s mental health and substance abuse
1180 history as provided by the Department of Corrections;
1181 (VIII) The sex offender’s personal, social, educational,
1182 and work history;
1183 (IX) The results of current psychological testing of the
1184 sex offender if determined necessary by the qualified
1185 practitioner;
1186 (X) A description of the proposed contact, including the
1187 location, frequency, duration, and supervisory arrangement;
1188 (XI) The child’s preference and relative comfort level with
1189 the proposed contact, when age-appropriate;
1190 (XII) The parent’s or legal guardian’s preference regarding
1191 the proposed contact; and
1192 (XIII) The qualified practitioner’s opinion, along with the
1193 basis for that opinion, as to whether the proposed contact would
1194 likely pose significant risk of emotional or physical harm to
1195 the child.
1196
1197 The written report of the assessment must be given to the
1198 commission.
1199 b. A recommendation made as a part of the risk-assessment
1200 report as to whether supervised contact with the child should be
1201 approved;
1202 c. A written consent signed by the child’s parent or legal
1203 guardian, if the parent or legal guardian is not the sex
1204 offender, agreeing to the sex offender having supervised contact
1205 with the child after receiving full disclosure of the sex
1206 offender’s present legal status, past criminal history, and the
1207 results of the risk assessment. The commission may not approve
1208 contact with the child if the parent or legal guardian refuses
1209 to give written consent for supervised contact;
1210 d. A safety plan prepared by the qualified practitioner,
1211 who provides treatment to the offender, in collaboration with
1212 the sex offender, the child’s parent or legal guardian, and the
1213 child, when age appropriate, which details the acceptable
1214 conditions of contact between the sex offender and the child.
1215 The safety plan must be reviewed and approved by the Department
1216 of Corrections before being submitted to the commission; and
1217 e. Evidence that the child’s parent or legal guardian, if
1218 the parent or legal guardian is not the sex offender,
1219 understands the need for and agrees to the safety plan and has
1220 agreed to provide, or to designate another adult to provide,
1221 constant supervision any time the child is in contact with the
1222 offender.
1223
1224 The commission may not appoint a person to conduct a risk
1225 assessment and may not accept a risk assessment from a person
1226 who has not demonstrated to the commission that he or she has
1227 met the requirements of a qualified practitioner as defined in
1228 this section.
1229 6. If the victim was under age 18, a prohibition on working
1230 for pay or as a volunteer at any school, child care facility day
1231 care center, park, playground, or any business or other place
1232 where children regularly congregate, as prescribed by the
1233 commission.
1234 7. Unless otherwise indicated in the treatment plan
1235 provided by the sexual offender treatment program, a prohibition
1236 on viewing, owning, or possessing any obscene, pornographic, or
1237 sexually stimulating visual or auditory material, including
1238 telephone, electronic media, computer programs, or computer
1239 services that are relevant to the offender’s deviant behavior
1240 pattern.
1241 8. Effective for a releasee whose crime is committed on or
1242 after July 1, 2005, a prohibition on accessing the Internet or
1243 other computer services until the offender’s sex offender
1244 treatment program, after a risk assessment is completed,
1245 approves and implements a safety plan for the offender’s
1246 accessing or using the Internet or other computer services.
1247 9. A requirement that the releasee must submit two
1248 specimens of blood to the Florida Department of Law Enforcement
1249 for registration to be registered with the DNA database.
1250 10. A requirement that the releasee make restitution to the
1251 victim, as determined by the sentencing court or the commission,
1252 for all necessary medical and related professional services
1253 relating to physical, psychiatric, and psychological care.
1254 11. Submission to a warrantless search by the community
1255 control or probation officer of the probationer’s or community
1256 controllee’s person, residence, or vehicle.
1257 (b) For a releasee whose crime was committed on or after
1258 October 1, 1997, in violation of chapter 794, s. 800.04, s.
1259 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
1260 conditional release supervision, in addition to any other
1261 provision of this subsection, the commission shall impose the
1262 following additional conditions of conditional release
1263 supervision:
1264 1. As part of a treatment program, participation in a
1265 minimum of one annual polygraph examination to obtain
1266 information necessary for risk management and treatment and to
1267 reduce the sex offender’s denial mechanisms. The polygraph
1268 examination must be conducted by a polygrapher trained
1269 specifically in the use of the polygraph for the monitoring of
1270 sex offenders who has been authorized by the department, where
1271 available, and at the expense of the releasee sex offender. The
1272 results of the polygraph examination shall be provided to the
1273 releasee’s probation officer and therapist and shall not be used
1274 as evidence in a hearing to prove that a violation of
1275 supervision has occurred.
1276 2. Maintenance of a driving log and a prohibition against
1277 driving a motor vehicle alone without the prior approval of the
1278 supervising officer.
1279 3. A prohibition against obtaining or using a post office
1280 box without the prior approval of the supervising officer.
1281 4. If there was sexual contact, a submission to, at the
1282 releasee’s probationer’s or community controllee’s expense, an
1283 HIV test with the results to be released to the victim or the
1284 victim’s parent or guardian.
1285 5. Electronic monitoring of any form when ordered by the
1286 commission.
1287 (12) In addition to all other conditions imposed, for a
1288 releasee who is subject to conditional release for a crime that
1289 was committed on or after July 1, 2009, and who has been
1290 convicted at any time of committing, or attempting, soliciting,
1291 or conspiring to commit, any of the criminal offenses proscribed
1292 in the following statutes in this state or similar offenses in
1293 another jurisdiction against a victim who was under the age of
1294 18 at the time of the offense: s. 787.01, s. 787.02, or s.
1295 787.025(2)(c), where the victim is a minor and the offender was
1296 not the victim’s parent or guardian; s. 794.011, excluding s.
1297 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1298 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
1299 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
1300 985.701(1); or any similar offense committed in this state which
1301 has been redesignated from a former statute number to one of
1302 those listed in this subsection, if the offender has not
1303 received a pardon for any felony or similar law of another
1304 jurisdiction necessary for the operation of this subsection and
1305 a conviction of a felony or similar law of another jurisdiction
1306 necessary for the operation of this subsection has not been set
1307 aside in any postconviction proceeding, unless at the time of
1308 the crime was committed the victim was 16 or 17 years of age and
1309 the releasee was not more than 21 years of age, the commission
1310 must impose the following conditions:
1311 (a) A prohibition on visiting areas where children
1312 regularly congregate, including, but not limited to, schools,
1313 day care centers, parks, and playgrounds. The commission may
1314 also designate additional locations to protect a victim. The
1315 prohibition ordered under this subparagraph does not prohibit
1316 the releasee’s attendance at religious services as defined in s.
1317 775.0861.
1318 (b) A prohibition on distributing candy or other items to
1319 children on Halloween; wearing a Santa Claus costume, or other
1320 costume to appeal to children, on or preceding Christmas;
1321 wearing an Easter Bunny costume, or other costume to appeal to
1322 children, on or preceding Easter; entertaining at children’s
1323 parties; or wearing a clown costume; without prior approval from
1324 the commission.
1325 (13) The commission must impose the standard conditions in
1326 paragraph (7)(a), on a releasee who on or after October 1, 2009:
1327 (a) Violates s. 800.04(4), (5), or (6); s. 827.071; or s.
1328 847.0145 in this state or commits a similar offense in another
1329 jurisdiction when, at the time of the offense, the victim was
1330 younger than 16 years of age and the releasee was 18 years of
1331 age or older.
1332 (b) Is designated as a sexual predator under s. 775.21 or
1333 receives a similar designation or determination in another
1334 jurisdiction.
1335 (c) Violates s. 775.21 or s. 943.0435 while subject to
1336 registration as a sexual predator under s. 775.21 or as a sexual
1337 offender under s. 943.0435 for an offense against a victim
1338 younger than 16 years of age while the releasee was 18 years of
1339 age or older.
1340 Section 10. Section 948.30, Florida Statutes, is amended to
1341 read:
1342 948.30 Additional terms and conditions of probation or
1343 community control for certain sex offenses.—Conditions imposed
1344 pursuant to this section do not require oral pronouncement at
1345 the time of sentencing and shall be considered standard
1346 conditions of probation or community control for offenders
1347 specified in this section.
1348 (1) Effective for probationers or community controllees
1349 whose crime was committed on or after October 1, 1995, and who
1350 are placed under supervision for violation of chapter 794, s.
1351 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court
1352 must impose the following conditions in addition to all other
1353 standard and special conditions imposed:
1354 (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
1355 designate another 8-hour period if the offender’s employment
1356 precludes the above specified time, and the alternative is
1357 recommended by the Department of Corrections. If the court
1358 determines that imposing a curfew would endanger the victim, the
1359 court may consider alternative sanctions.
1360 (b)1. For a probationer or community controllee whose crime
1361 was committed before October 1, 2009, against a if the victim
1362 who was under the age of 18, a prohibition on living within
1363 1,000 feet of a school, child care facility day care center,
1364 park, playground, or any business or other place where children
1365 regularly congregate, as prescribed by the court. The 1,000-foot
1366 distance shall be measured in a straight line from the
1367 offender’s place of residence to the nearest boundary line of
1368 the school, child care facility day care center, park,
1369 playground, or business or other place where children regularly
1370 congregate. The distance may not be measured by a pedestrian
1371 route or automobile route.
1372 2. For a probationer or community controllee whose crime
1373 was committed on or after October 1, 2009, against a victim who
1374 was younger than 18 years of age, a prohibition on living within
1375 1,500 feet of a school, child care facility, park, playground,
1376 or any business or other place where children regularly
1377 congregate, as prescribed by the court. This distance shall be
1378 measured in a straight line from the offender’s place of
1379 residence to the nearest boundary line of the school, child care
1380 facility, park, playground, or business or other place where
1381 children regularly congregate.
1382 (c) Active participation in and successful completion of a
1383 sex offender treatment program with qualified practitioners
1384 specifically trained to treat sex offenders, at the
1385 probationer’s or community controllee’s own expense. If a
1386 qualified practitioner is not available within a 50-mile radius
1387 of the probationer’s or community controllee’s residence, the
1388 offender shall participate in other appropriate therapy.
1389 (d) A prohibition on any contact with the victim, directly
1390 or indirectly, including through a third person, unless approved
1391 by the victim, the offender’s therapist, and the sentencing
1392 court.
1393 (e) If the victim was under the age of 18, a prohibition on
1394 contact with a child under the age of 18 except as provided in
1395 this paragraph. The court may approve supervised contact with a
1396 child under the age of 18 if the approval is based upon a
1397 recommendation for contact issued by a qualified practitioner
1398 who is basing the recommendation on a risk assessment. Further,
1399 the sex offender must be currently enrolled in or have
1400 successfully completed a sex offender therapy program. The court
1401 may not grant supervised contact with a child if the contact is
1402 not recommended by a qualified practitioner and may deny
1403 supervised contact with a child at any time. When considering
1404 whether to approve supervised contact with a child, the court
1405 must review and consider the following:
1406 1. A risk assessment completed by a qualified practitioner.
1407 The qualified practitioner must prepare a written report that
1408 must include the findings of the assessment and address each of
1409 the following components:
1410 a. The sex offender’s current legal status;
1411 b. The sex offender’s history of adult charges with
1412 apparent sexual motivation;
1413 c. The sex offender’s history of adult charges without
1414 apparent sexual motivation;
1415 d. The sex offender’s history of juvenile charges, whenever
1416 available;
1417 e. The sex offender’s offender treatment history, including
1418 consultations with the sex offender’s treating, or most recent
1419 treating, therapist;
1420 f. The sex offender’s current mental status;
1421 g. The sex offender’s mental health and substance abuse
1422 treatment history as provided by the Department of Corrections;
1423 h. The sex offender’s personal, social, educational, and
1424 work history;
1425 i. The results of current psychological testing of the sex
1426 offender if determined necessary by the qualified practitioner;
1427 j. A description of the proposed contact, including the
1428 location, frequency, duration, and supervisory arrangement;
1429 k. The child’s preference and relative comfort level with
1430 the proposed contact, when age appropriate;
1431 l. The parent’s or legal guardian’s preference regarding
1432 the proposed contact; and
1433 m. The qualified practitioner’s opinion, along with the
1434 basis for that opinion, as to whether the proposed contact would
1435 likely pose significant risk of emotional or physical harm to
1436 the child.
1437
1438 The written report of the assessment must be given to the court;
1439 2. A recommendation made as a part of the risk assessment
1440 report as to whether supervised contact with the child should be
1441 approved;
1442 3. A written consent signed by the child’s parent or legal
1443 guardian, if the parent or legal guardian is not the sex
1444 offender, agreeing to the sex offender having supervised contact
1445 with the child after receiving full disclosure of the sex
1446 offender’s present legal status, past criminal history, and the
1447 results of the risk assessment. The court may not approve
1448 contact with the child if the parent or legal guardian refuses
1449 to give written consent for supervised contact;
1450 4. A safety plan prepared by the qualified practitioner,
1451 who provides treatment to the offender, in collaboration with
1452 the sex offender, the child’s parent or legal guardian, if the
1453 parent or legal guardian is not the sex offender, and the child,
1454 when age appropriate, which details the acceptable conditions of
1455 contact between the sex offender and the child. The safety plan
1456 must be reviewed and approved by the court; and
1457 5. Evidence that the child’s parent or legal guardian
1458 understands the need for and agrees to the safety plan and has
1459 agreed to provide, or to designate another adult to provide,
1460 constant supervision any time the child is in contact with the
1461 offender.
1462
1463 The court may not appoint a person to conduct a risk assessment
1464 and may not accept a risk assessment from a person who has not
1465 demonstrated to the court that he or she has met the
1466 requirements of a qualified practitioner as defined in this
1467 section.
1468 (f) If the victim was under age 18, a prohibition on
1469 working for pay or as a volunteer at any place where children
1470 regularly congregate, including, but not limited to, schools,
1471 day care centers, parks, playgrounds, pet stores, libraries,
1472 zoos, theme parks, and malls.
1473 (g) Unless otherwise indicated in the treatment plan
1474 provided by the sexual offender treatment program, a prohibition
1475 on viewing, accessing, owning, or possessing any obscene,
1476 pornographic, or sexually stimulating visual or auditory
1477 material, including telephone, electronic media, computer
1478 programs, or computer services that are relevant to the
1479 offender’s deviant behavior pattern.
1480 (h) Effective for probationers and community controllees
1481 whose crime is committed on or after July 1, 2005, a prohibition
1482 on accessing the Internet or other computer services until the
1483 offender’s sex offender treatment program, after a risk
1484 assessment is completed, approves and implements a safety plan
1485 for the offender’s accessing or using the Internet or other
1486 computer services.
1487 (i) A requirement that the probationer or community
1488 controllee must submit a specimen of blood or other approved
1489 biological specimen to the Department of Law Enforcement to be
1490 registered with the DNA data bank.
1491 (j) A requirement that the probationer or community
1492 controllee make restitution to the victim, as ordered by the
1493 court under s. 775.089, for all necessary medical and related
1494 professional services relating to physical, psychiatric, and
1495 psychological care.
1496 (k) Submission to a warrantless search by the community
1497 control or probation officer of the probationer’s or community
1498 controllee’s person, residence, or vehicle.
1499 (2) Effective for a probationer or community controllee
1500 whose crime was committed on or after October 1, 1997, and who
1501 is placed on community control or sex offender probation for a
1502 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1503 or s. 847.0145, in addition to any other provision of this
1504 section, the court must impose the following conditions of
1505 probation or community control:
1506 (a) As part of a treatment program, participation at least
1507 annually in polygraph examinations to obtain information
1508 necessary for risk management and treatment and to reduce the
1509 sex offender’s denial mechanisms. A polygraph examination must
1510 be conducted by a polygrapher trained specifically in the use of
1511 the polygraph for the monitoring of sex offenders who has been
1512 authorized by the department, where available, and shall be paid
1513 for by the probationer or community controllee sex offender. The
1514 results of the polygraph examination shall be provided to the
1515 probationer’s or community controllee’s probation officer and
1516 therapist and shall not be used as evidence in court to prove
1517 that a violation of community supervision has occurred.
1518 (b) Maintenance of a driving log and a prohibition against
1519 driving a motor vehicle alone without the prior approval of the
1520 supervising officer.
1521 (c) A prohibition against obtaining or using a post office
1522 box without the prior approval of the supervising officer.
1523 (d) If there was sexual contact, a submission to, at the
1524 probationer’s or community controllee’s expense, an HIV test
1525 with the results to be released to the victim or the victim’s
1526 parent or guardian.
1527 (e) Electronic monitoring when deemed necessary by the
1528 community control or probation officer and his or her
1529 supervisor, and ordered by the court at the recommendation of
1530 the Department of Corrections.
1531 (3) Effective for a probationer or community controllee
1532 whose crime was committed on or after September 1, 2005, and
1533 who:
1534 (a) Is placed on probation or community control for a
1535 violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
1536 or s. 847.0145 and the unlawful sexual activity involved a
1537 victim 15 years of age or younger and the offender is 18 years
1538 of age or older;
1539 (b) Is designated a sexual predator pursuant to s. 775.21;
1540 or
1541 (c) Has previously been convicted of a violation of chapter
1542 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and
1543 the unlawful sexual activity involved a victim younger than 16
1544 15 years of age or younger and the offender is 18 years of age
1545 or older,
1546
1547 the court must order, in addition to any other provision of this
1548 section, mandatory electronic monitoring as a condition of the
1549 probation or community control supervision.
1550 (4) In addition to all other conditions imposed, for a
1551 probationer or community controllee who is subject to
1552 supervision for a crime that was committed on or after July 1,
1553 2009, and who has been convicted at any time of committing, or
1554 attempting, soliciting, or conspiring to commit, any of the
1555 criminal offenses proscribed in the following statutes in this
1556 state or similar offenses in another jurisdiction against a
1557 victim who was under the age of 18 at the time of the offense:
1558 s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
1559 minor and the offender was not the victim’s parent or guardian;
1560 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1561 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1562 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1563 847.0145; s. 985.701(1); or any similar offense committed in
1564 this state which has been redesignated from a former statute
1565 number to one of those listed in this subsection, if the
1566 offender has not received a pardon for any felony or similar law
1567 of another jurisdiction necessary for the operation of this
1568 subsection and a conviction of a felony or similar law of
1569 another jurisdiction necessary for the operation of this
1570 subsection has not been set aside in any postconviction
1571 proceeding, unless at the time the crime was committed the
1572 victim was 16 or 17 years of age and the offender was not more
1573 than 21 years of age, the court must impose the following
1574 conditions:
1575 (a) A prohibition on visiting areas where children
1576 regularly congregate, including, but not limited to, schools,
1577 day care centers, parks, and playgrounds. The commission may
1578 also designate additional locations to protect a victim. The
1579 prohibition ordered under this subparagraph does not prohibit
1580 the releasee’s attendance at religious services as defined in s.
1581 775.0861.
1582 (b) A prohibition on distributing candy or other items to
1583 children on Halloween; wearing a Santa Claus costume, or other
1584 costume to appeal to children, on or preceding Christmas;
1585 wearing an Easter Bunny costume, or other costume to appeal to
1586 children, on or preceding Easter; entertaining at children’s
1587 parties; or wearing a clown costume; without prior approval from
1588 the commission.
1589 (5) The court shall impose the standard conditions in
1590 paragraph (1)(b) on a probationer or community controllee who,
1591 on or after October 1, 2009:
1592 (a) Violates s. 800.04(4), (5), or (6); s. 827.071; or s.
1593 847.0145 in this state or commits a similar offense in another
1594 jurisdiction if, at the time of the offense, the victim was
1595 younger than 16 years of age and the probationer or community
1596 controllee was 18 years of age or older.
1597 (b) Is designated as a sexual predator under s. 775.21 or
1598 receives a similar designation or determination in another
1599 jurisdiction.
1600 (c) Violates s. 775.21 or s. 943.0435 while subject to
1601 registration as a sexual predator under s. 775.21 or as a sexual
1602 offender under s. 943.0435 for an offense against a victim
1603 younger than 16 years of age and the probationer or community
1604 controllee was 18 years of age or older.
1605 Section 11. Section 948.31, Florida Statutes, is amended to
1606 read:
1607 948.31 Diagnosis, Evaluation, and treatment of sexual
1608 predators and offenders placed on probation or community control
1609 for certain sex offenses or child exploitation.—The court shall
1610 require an a diagnosis and evaluation to determine the need of a
1611 probationer or community controllee offender in community
1612 control for treatment. If the court determines that a need
1613 therefor is established by the such diagnosis and evaluation
1614 process, the court shall require sexual offender treatment
1615 outpatient counseling as a term or condition of probation or
1616 community control for any person who meets the criteria to be
1617 designated as a sexual predator under s. 775.21 or to be subject
1618 to registration as a sexual offender under s. 943.0435, s.
1619 944.606, or s. 944.607. was found guilty of any of the
1620 following, or whose plea of guilty or nolo contendere to any of
1621 the following was accepted by the court:
1622 (1) Lewd or lascivious battery, lewd or lascivious
1623 molestation, lewd or lascivious conduct, or lewd or lascivious
1624 exhibition, as defined in s. 800.04 or s. 847.0135(5).
1625 (2) Sexual battery, as defined in chapter 794, against a
1626 child.
1627 (3) Exploitation of a child as provided in s. 450.151, or
1628 for prostitution.
1629
1630 Such treatment counseling shall be required to be obtained from
1631 a qualified practitioner as defined in s. 948.001(6) who is
1632 specifically trained to treat sex offenders. Treatment may not
1633 be administered by a qualified practitioner who has been
1634 convicted or adjudicated delinquent of committing, or
1635 attempting, soliciting, or conspiring to commit, any offense
1636 that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1637 impose a restriction against contact with minors if sexual
1638 offender treatment is recommended a community mental health
1639 center, a recognized social service agency providing mental
1640 health services, or a private mental health professional or
1641 through other professional counseling. The evaluation and
1642 recommendations plan for treatment of counseling for the
1643 probationer or community controllee individual shall be provided
1644 to the court for review.
1645 Section 12. Paragraph (a) of subsection (3) of section
1646 985.481, Florida Statutes, is amended to read:
1647 985.481 Sexual offenders adjudicated delinquent;
1648 notification upon release.—
1649 (3)(a) The department must provide information regarding
1650 any sexual offender who is being released after serving a period
1651 of residential commitment under the department for any offense,
1652 as follows:
1653 1. The department must provide the sexual offender’s name,
1654 any change in the offender’s name by reason of marriage or other
1655 legal process, and any alias, if known; the correctional
1656 facility from which the sexual offender is released; the sexual
1657 offender’s social security number, race, sex, date of birth,
1658 height, weight, and hair and eye color; address of any planned
1659 permanent residence or temporary residence, within the state or
1660 out of state, including a rural route address and a post office
1661 box; if no permanent or temporary address, any transient
1662 residence within the state; address, location or description,
1663 and dates of any known future temporary residence within the
1664 state or out of state; date and county of disposition and each
1665 crime for which there was a disposition; a copy of the
1666 offender’s fingerprints and a digitized photograph taken within
1667 60 days before release; and the date of release of the sexual
1668 offender; and the offender’s intended residence address, if
1669 known. The department shall notify the Department of Law
1670 Enforcement if the sexual offender escapes, absconds, or dies.
1671 If the sexual offender is in the custody of a private
1672 correctional facility, the facility shall take the digitized
1673 photograph of the sexual offender within 60 days before the
1674 sexual offender’s release and also place it in the sexual
1675 offender’s file. If the sexual offender is in the custody of a
1676 local jail, the custodian of the local jail shall register the
1677 offender within 3 business days after intake of the offender for
1678 any reason and upon release, and shall notify the Department of
1679 Law Enforcement of the sexual offender’s release and provide to
1680 the Department of Law Enforcement the information specified in
1681 this subparagraph and any information specified in subparagraph
1682 2. which the Department of Law Enforcement requests.
1683 2. The department may provide any other information
1684 considered necessary, including criminal and delinquency
1685 records, when available.
1686 Section 13. Paragraph (a) of subsection (4), paragraph (a)
1687 of subsection (6), and paragraph (b) of subsection (13) of
1688 section 985.4815, Florida Statutes, are amended to read:
1689 985.4815 Notification to Department of Law Enforcement of
1690 information on juvenile sexual offenders.—
1691 (4) A sexual offender, as described in this section, who is
1692 under the supervision of the department but who is not committed
1693 must register with the department within 3 business days after
1694 adjudication and disposition for a registrable offense and
1695 otherwise provide information as required by this subsection.
1696 (a) The sexual offender shall provide his or her name; date
1697 of birth; social security number; race; sex; height; weight;
1698 hair and eye color; tattoos or other identifying marks; and
1699 permanent or legal residence and address of temporary residence
1700 within the state or out of state while the sexual offender is in
1701 the care or custody or under the jurisdiction or supervision of
1702 the department in this state, including any rural route address
1703 or post office box; if no permanent or temporary address, any
1704 transient residence; address, location or description, and dates
1705 of any current or known future temporary residence within the
1706 state or out of state;, and the name and address of each school
1707 attended. The department shall verify the address of each sexual
1708 offender and shall report to the Department of Law Enforcement
1709 any failure by a sexual offender to comply with registration
1710 requirements.
1711 (6)(a) The information provided to the Department of Law
1712 Enforcement must include the following:
1713 1. The information obtained from the sexual offender under
1714 subsection (4).
1715 2. The sexual offender’s most current address and place of
1716 permanent, or temporary, or transient residence within the state
1717 or out of state, and address, location or description, and dates
1718 of any current or known future temporary residence within the
1719 state or out of state, while the sexual offender is in the care
1720 or custody or under the jurisdiction or supervision of the
1721 department in this state, including the name of the county or
1722 municipality in which the offender permanently or temporarily
1723 resides, or has a transient residence, and address, location or
1724 description, and dates of any current or known future temporary
1725 residence within the state or out of state; and, if known, the
1726 intended place of permanent, or temporary, or transient
1727 residence, and address, location or description, and dates of
1728 any current or known future temporary residence within the state
1729 or out of state upon satisfaction of all sanctions.
1730 3. The legal status of the sexual offender and the
1731 scheduled termination date of that legal status.
1732 4. The location of, and local telephone number for, any
1733 department office that is responsible for supervising the sexual
1734 offender.
1735 5. An indication of whether the victim of the offense that
1736 resulted in the offender’s status as a sexual offender was a
1737 minor.
1738 6. The offense or offenses at adjudication and disposition
1739 that resulted in the determination of the offender’s status as a
1740 sex offender.
1741 7. A digitized photograph of the sexual offender, which
1742 must have been taken within 60 days before the offender was
1743 released from the custody of the department or a private
1744 correctional facility by expiration of sentence under s.
1745 944.275, or within 60 days after the onset of the department’s
1746 supervision of any sexual offender who is on probation,
1747 postcommitment probation, residential commitment, nonresidential
1748 commitment, licensed child-caring commitment, community control,
1749 conditional release, parole, provisional release, or control
1750 release or who is supervised by the department under the
1751 Interstate Compact Agreement for Probationers and Parolees. If
1752 the sexual offender is in the custody of a private correctional
1753 facility, the facility shall take a digitized photograph of the
1754 sexual offender within the time period provided in this
1755 subparagraph and shall provide the photograph to the department.
1756 (13)
1757 (b) The sheriff’s office may determine the appropriate
1758 times and days for reporting by the sexual offender, which shall
1759 be consistent with the reporting requirements of this
1760 subsection. Reregistration shall include any changes to the
1761 following information:
1762 1. Name; social security number; age; race; sex; date of
1763 birth; height; weight; hair and eye color; address of any
1764 permanent residence and address of any current temporary
1765 residence, within the state or out of state, including a rural
1766 route address and a post office box; if no permanent or
1767 temporary address, any transient residence; address, location or
1768 description, and dates of any current or known future temporary
1769 residence within the state or out of state; name and address of
1770 each school attended; date and place of any employment; vehicle
1771 make, model, color, and license tag number; fingerprints; and
1772 photograph. A post office box shall not be provided in lieu of a
1773 physical residential address.
1774 2. If the sexual offender is enrolled, employed, or
1775 carrying on a vocation at an institution of higher education in
1776 this state, the sexual offender shall also provide to the
1777 department the name, address, and county of each institution,
1778 including each campus attended, and the sexual offender’s
1779 enrollment or employment status.
1780 3. If the sexual offender’s place of residence is a motor
1781 vehicle, trailer, mobile home, or manufactured home, as defined
1782 in chapter 320, the sexual offender shall also provide the
1783 vehicle identification number; the license tag number; the
1784 registration number; and a description, including color scheme,
1785 of the motor vehicle, trailer, mobile home, or manufactured
1786 home. If the sexual offender’s place of residence is a vessel,
1787 live-aboard vessel, or houseboat, as defined in chapter 327, the
1788 sexual offender shall also provide the hull identification
1789 number; the manufacturer’s serial number; the name of the
1790 vessel, live-aboard vessel, or houseboat; the registration
1791 number; and a description, including color scheme, of the
1792 vessel, live-aboard vessel, or houseboat.
1793 4. Any sexual offender who fails to report in person as
1794 required at the sheriff’s office, or who fails to respond to any
1795 address verification correspondence from the department within 3
1796 weeks after the date of the correspondence, commits a felony of
1797 the third degree, punishable as provided in ss. 775.082,
1798 775.083, and 775.084.
1799 Section 14. This act shall take effect July 1, 2009.