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         775.215Preemption 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         856.022Loitering 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.