Florida Senate - 2010                             CS for SB 1284
       
       
       
       By the Committee on Criminal Justice; and Senators Crist,
       Aronberg, Joyner, and Bennett
       
       
       
       591-02744B-10                                         20101284c1
    1                        A bill to be entitled                      
    2         An act relating to sexual offenders and predators;
    3         creating s. 856.022, F.S.; enhancing the penalty for
    4         loitering or prowling by certain offenders within a
    5         specified distance of certain places where children
    6         congregate; prohibiting certain actions toward a child
    7         at a public park or playground by certain offenders;
    8         prohibiting the presence of certain offenders at or on
    9         real property comprising a child care facility or pre
   10         K through 12 school without notice and supervision;
   11         providing exceptions; providing penalties; amending s.
   12         775.21, F.S.; revising and providing definitions;
   13         revising provisions relating to residence reporting
   14         requirements for sexual predators; transferring,
   15         renumbering, and amending s. 794.065, F.S.; preempting
   16         certain local ordinances relating to residency
   17         limitations for sexual predators and offenders and
   18         providing for repeal of such ordinances; providing for
   19         limited exceptions for distance provisions in
   20         ordinances meeting specified requirements; providing
   21         that the act does not apply to a person living in an
   22         approved residence before the establishment of a
   23         school, child care facility, park, or playground
   24         within 1,000 feet of the residence; including offenses
   25         in other jurisdictions which are similar to the
   26         offenses listed in provisions providing residency
   27         restrictions for persons convicted of certain sex
   28         offenses, applicable to offenses committed on or after
   29         a specified date; providing that the act does not
   30         apply to persons who were removed from the requirement
   31         to register as a sexual offender or sexual predator
   32         under a specified provision; amending s. 943.0435,
   33         F.S.; revising provisions relating to residence
   34         reporting requirements for sexual offenders; amending
   35         s. 943.04352, F.S.; requiring that the probation
   36         services provider search in an additional specified
   37         sex offender registry for information regarding sexual
   38         predators and sexual offenders when an offender is
   39         placed on misdemeanor probation; amending s. 944.606,
   40         F.S.; revising address reporting requirements for
   41         sexual offenders; amending s. 944.607, F.S.; requiring
   42         additional registration information from sex offenders
   43         who are under the supervision of the Department of
   44         Corrections but who are not incarcerated; amending s.
   45         947.1405, F.S.; revising provisions relating to
   46         polygraph examinations of specified conditional
   47         releasees who have committed specified sexual
   48         offenses; providing additional restrictions for
   49         certain conditional releasees who have committed
   50         specified sexual offenses against minors under the age
   51         of 18 or have similar convictions in another
   52         jurisdiction; amending s. 948.001, F.S.; revising and
   53         providing definitions; amending s. 948.30, F.S.;
   54         revising provisions relating to polygraph examinations
   55         of specified probationers or community controllees who
   56         have committed specified sexual offenses; providing
   57         additional restrictions for certain probationers or
   58         community controllees who committed specified sexual
   59         offenses against minors under the age of 18 or who
   60         have similar convictions in another jurisdiction;
   61         amending s. 948.31, F.S.; deleting a requirement for
   62         diagnosis of certain sexual predators and sexual
   63         offenders on community control; requiring evaluation
   64         by a qualified practitioner; revising provisions
   65         relating to treatment for such offenders and
   66         predators; amending s. 985.481, F.S.; providing
   67         additional address reporting requirements for sexual
   68         offenders adjudicated delinquent; amending s.
   69         985.4815, F.S.; revising provisions relating to
   70         address and residence reporting requirements for
   71         sexual offenders adjudicated delinquent; providing
   72         legislative intent; providing for severability;
   73         providing an effective date.
   74  
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Section 856.022, Florida Statutes, is created to
   78  read:
   79         856.022Loitering or prowling by certain offenders in close
   80  proximity to children; penalty.—
   81         (1)Except as provided in subsection (2), this section
   82  applies to a person convicted of committing, or attempting,
   83  soliciting, or conspiring to commit, any of the criminal
   84  offenses proscribed in the following statutes in this state or
   85  similar offenses in another jurisdiction against a victim who
   86  was under the age of 18 at the time of the offense: s. 787.01,
   87  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
   88  the offender was not the victim’s parent or guardian; s.
   89  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
   90  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
   91  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
   92  847.0145; s. 985.701(1); or any similar offense committed in
   93  this state which has been redesignated from a former statute
   94  number to one of those listed in this subsection, if the person
   95  has not received a pardon for any felony or similar law of
   96  another jurisdiction necessary for the operation of this
   97  subsection and a conviction of a felony or similar law of
   98  another jurisdiction necessary for the operation of this
   99  subsection has not been set aside in any postconviction
  100  proceeding.
  101         (2)This section does not apply to a person who has been
  102  removed from the requirement to register as a sexual offender or
  103  sexual predator pursuant to s. 943.04354.
  104         (3)A person described in subsection (1) commits loitering
  105  or prowling by a person convicted of a sexual offense against a
  106  minor if, while committing loitering or prowling in violation of
  107  s. 856.021, he or she is knowingly:
  108         (a)Within 300 feet of a child care facility or pre-K
  109  through 12 school or on real property comprising any child care
  110  facility or pre-K through 12 school when the child care facility
  111  or school is in operation; or
  112         (b)Within 300 feet of a park, playground, or bus stop
  113  while children are present and congregating in such a manner
  114  that any reasonable person would be aware of their presence at
  115  the park, playground, or bus stop at the same time that the
  116  offender is also present.
  117         (4)It is unlawful for a person described in subsection (1)
  118  to:
  119         (a)Knowingly approach, contact, or communicate with a
  120  child under 18 years of age in any public park building or on
  121  real property comprising any public park or playground with
  122  intent to engage in conduct of a sexual nature, or to make a
  123  communication of any type containing any content of a sexual
  124  nature. This paragraph applies only to a person described in
  125  subsection (1) whose offense was committed on or after the
  126  effective date of this act.
  127         (b)1.Knowingly be present in any child care facility or
  128  pre-K through 12 school or on real property comprising any child
  129  care facility or pre-K through 12 school when the child care
  130  facility or school is in operation unless the person has
  131  provided written notification of his or her intent to be present
  132  to the school board, superintendent, principal, or child care
  133  facility owner;
  134         2.Fail to notify the child care facility owner or the
  135  school principal’s office when he or she arrives and departs the
  136  child care facility or school; or
  137         3.Fail to remain under direct supervision of a school
  138  official or designated chaperone when present in the vicinity of
  139  children. As used in this paragraph, the term “school official”
  140  means a principal, school resource officer, teacher or any other
  141  employee of the school, the superintendent of schools, a member
  142  of the school board, a child care facility owner, or a child
  143  care provider.
  144         (c)A person is not in violation of paragraph (b) if:
  145         1.The child care facility or school is a voting location
  146  and the person is present for the purpose of voting during the
  147  hours designated for voting; or
  148         2.The person is only dropping off or picking up his or her
  149  own children or grandchildren at the child care facility or
  150  school.
  151         (5)Any person who violates this section commits a
  152  misdemeanor of the first degree, punishable as provided in s.
  153  775.082 or s. 775.083.
  154         Section 2. Paragraph (g) of subsection (2), paragraph (c)
  155  of subsection (4), paragraph (a) of subsection (5), paragraphs
  156  (a), (f), (g), (i), and (j) of subsection (6), paragraph (a) of
  157  subsection (7), and paragraph (a) of subsection (8) of section
  158  775.21, Florida Statutes, are amended, and paragraph (l) is
  159  added to subsection (2) of that section, to read:
  160         775.21 The Florida Sexual Predators Act.—
  161         (2) DEFINITIONS.—As used in this section, the term:
  162         (g) “Temporary residence” means a place where the person
  163  abides, lodges, or resides, including, but not limited to,
  164  vacation, business, or personal travel destinations in or out of
  165  this state, for a period of 5 or more days in the aggregate
  166  during any calendar year and which is not the person’s permanent
  167  address or, for a person whose permanent residence is not in
  168  this state, a place where the person is employed, practices a
  169  vocation, or is enrolled as a student for any period of time in
  170  this state.
  171         (l)“Transient residence” means a place or county where a
  172  person lives, remains, or is located for a period of 5 or more
  173  days in the aggregate during a calendar year and which is not
  174  the person’s permanent or temporary address. The term includes,
  175  but is not limited to, a place where the person sleeps or seeks
  176  shelter and a location that has no specific street address.
  177         (4) SEXUAL PREDATOR CRITERIA.—
  178         (c) If an offender has been registered as a sexual predator
  179  by the Department of Corrections, the department, or any other
  180  law enforcement agency and if:
  181         1. The court did not, for whatever reason, make a written
  182  finding at the time of sentencing that the offender was a sexual
  183  predator; or
  184         2. The offender was administratively registered as a sexual
  185  predator because the Department of Corrections, the department,
  186  or any other law enforcement agency obtained information that
  187  indicated that the offender met the criteria for designation as
  188  a sexual predator based on a violation of a similar law in
  189  another jurisdiction,
  190  
  191  the department shall remove that offender from the department’s
  192  list of sexual predators and, for an offender described under
  193  subparagraph 1., shall notify the state attorney who prosecuted
  194  the offense that met the criteria for administrative designation
  195  as a sexual predator, and, for an offender described under this
  196  paragraph, shall notify the state attorney of the county where
  197  the offender establishes or maintains a permanent, or temporary,
  198  or transient residence. The state attorney shall bring the
  199  matter to the court’s attention in order to establish that the
  200  offender meets the criteria for designation as a sexual
  201  predator. If the court makes a written finding that the offender
  202  is a sexual predator, the offender must be designated as a
  203  sexual predator, must register or be registered as a sexual
  204  predator with the department as provided in subsection (6), and
  205  is subject to the community and public notification as provided
  206  in subsection (7). If the court does not make a written finding
  207  that the offender is a sexual predator, the offender may not be
  208  designated as a sexual predator with respect to that offense and
  209  is not required to register or be registered as a sexual
  210  predator with the department.
  211         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
  212  as a sexual predator as follows:
  213         (a)1. An offender who meets the sexual predator criteria
  214  described in paragraph (4)(d) is a sexual predator, and the
  215  court shall make a written finding at the time such offender is
  216  determined to be a sexually violent predator under chapter 394
  217  that such person meets the criteria for designation as a sexual
  218  predator for purposes of this section. The clerk shall transmit
  219  a copy of the order containing the written finding to the
  220  department within 48 hours after the entry of the order;
  221         2. An offender who meets the sexual predator criteria
  222  described in paragraph (4)(a) who is before the court for
  223  sentencing for a current offense committed on or after October
  224  1, 1993, is a sexual predator, and the sentencing court must
  225  make a written finding at the time of sentencing that the
  226  offender is a sexual predator, and the clerk of the court shall
  227  transmit a copy of the order containing the written finding to
  228  the department within 48 hours after the entry of the order; or
  229         3. If the Department of Corrections, the department, or any
  230  other law enforcement agency obtains information which indicates
  231  that an offender who establishes or maintains a permanent, or
  232  temporary, or transient residence in this state meets the sexual
  233  predator criteria described in paragraph (4)(a) or paragraph
  234  (4)(d) because the offender was civilly committed or committed a
  235  similar violation in another jurisdiction on or after October 1,
  236  1993, the Department of Corrections, the department, or the law
  237  enforcement agency shall notify the state attorney of the county
  238  where the offender establishes or maintains a permanent, or
  239  temporary, or transient residence of the offender’s presence in
  240  the community. The state attorney shall file a petition with the
  241  criminal division of the circuit court for the purpose of
  242  holding a hearing to determine if the offender’s criminal record
  243  or record of civil commitment from another jurisdiction meets
  244  the sexual predator criteria. If the court finds that the
  245  offender meets the sexual predator criteria because the offender
  246  has violated a similar law or similar laws in another
  247  jurisdiction, the court shall make a written finding that the
  248  offender is a sexual predator.
  249  
  250  When the court makes a written finding that an offender is a
  251  sexual predator, the court shall inform the sexual predator of
  252  the registration and community and public notification
  253  requirements described in this section. Within 48 hours after
  254  the court designating an offender as a sexual predator, the
  255  clerk of the circuit court shall transmit a copy of the court’s
  256  written sexual predator finding to the department. If the
  257  offender is sentenced to a term of imprisonment or supervision,
  258  a copy of the court’s written sexual predator finding must be
  259  submitted to the Department of Corrections.
  260         (6) REGISTRATION.—
  261         (a) A sexual predator must register with the department
  262  through the sheriff’s office by providing the following
  263  information to the department:
  264         1. Name, social security number, age, race, sex, date of
  265  birth, height, weight, hair and eye color, photograph, address
  266  of legal residence and address of any current temporary
  267  residence, within the state or out of state, including a rural
  268  route address and a post office box, if no permanent or
  269  temporary address, any transient residence within the state,
  270  address, location or description, and dates of any current or
  271  known future temporary residence within the state or out of
  272  state, any electronic mail address and any instant message name
  273  required to be provided pursuant to subparagraph (g)4., home
  274  telephone number and any cellular telephone number, date and
  275  place of any employment, date and place of each conviction,
  276  fingerprints, and a brief description of the crime or crimes
  277  committed by the offender. A post office box shall not be
  278  provided in lieu of a physical residential address.
  279         a. If the sexual predator’s place of residence is a motor
  280  vehicle, trailer, mobile home, or manufactured home, as defined
  281  in chapter 320, the sexual predator shall also provide to the
  282  department written notice of the vehicle identification number;
  283  the license tag number; the registration number; and a
  284  description, including color scheme, of the motor vehicle,
  285  trailer, mobile home, or manufactured home. If a sexual
  286  predator’s place of residence is a vessel, live-aboard vessel,
  287  or houseboat, as defined in chapter 327, the sexual predator
  288  shall also provide to the department written notice of the hull
  289  identification number; the manufacturer’s serial number; the
  290  name of the vessel, live-aboard vessel, or houseboat; the
  291  registration number; and a description, including color scheme,
  292  of the vessel, live-aboard vessel, or houseboat.
  293         b. If the sexual predator is enrolled, employed, or
  294  carrying on a vocation at an institution of higher education in
  295  this state, the sexual predator shall also provide to the
  296  department the name, address, and county of each institution,
  297  including each campus attended, and the sexual predator’s
  298  enrollment or employment status. Each change in enrollment or
  299  employment status shall be reported in person at the sheriff’s
  300  office, or the Department of Corrections if the sexual predator
  301  is in the custody or control of or under the supervision of the
  302  Department of Corrections, within 48 hours after any change in
  303  status. The sheriff or the Department of Corrections shall
  304  promptly notify each institution of the sexual predator’s
  305  presence and any change in the sexual predator’s enrollment or
  306  employment status.
  307         2. Any other information determined necessary by the
  308  department, including criminal and corrections records;
  309  nonprivileged personnel and treatment records; and evidentiary
  310  genetic markers when available.
  311         (f) Within 48 hours after the registration required under
  312  paragraph (a) or paragraph (e), a sexual predator who is not
  313  incarcerated and who resides in the community, including a
  314  sexual predator under the supervision of the Department of
  315  Corrections, shall register in person at a driver’s license
  316  office of the Department of Highway Safety and Motor Vehicles
  317  and shall present proof of registration. At the driver’s license
  318  office the sexual predator shall:
  319         1. If otherwise qualified, secure a Florida driver’s
  320  license, renew a Florida driver’s license, or secure an
  321  identification card. The sexual predator shall identify himself
  322  or herself as a sexual predator who is required to comply with
  323  this section, provide his or her place of permanent, or
  324  temporary, or transient residence, including a rural route
  325  address and a post office box, and submit to the taking of a
  326  photograph for use in issuing a driver’s license, renewed
  327  license, or identification card, and for use by the department
  328  in maintaining current records of sexual predators. A post
  329  office box shall not be provided in lieu of a physical
  330  residential address. If the sexual predator’s place of residence
  331  is a motor vehicle, trailer, mobile home, or manufactured home,
  332  as defined in chapter 320, the sexual predator shall also
  333  provide to the Department of Highway Safety and Motor Vehicles
  334  the vehicle identification number; the license tag number; the
  335  registration number; and a description, including color scheme,
  336  of the motor vehicle, trailer, mobile home, or manufactured
  337  home. If a sexual predator’s place of residence is a vessel,
  338  live-aboard vessel, or houseboat, as defined in chapter 327, the
  339  sexual predator shall also provide to the Department of Highway
  340  Safety and Motor Vehicles the hull identification number; the
  341  manufacturer’s serial number; the name of the vessel, live
  342  aboard vessel, or houseboat; the registration number; and a
  343  description, including color scheme, of the vessel, live-aboard
  344  vessel, or houseboat.
  345         2. Pay the costs assessed by the Department of Highway
  346  Safety and Motor Vehicles for issuing or renewing a driver’s
  347  license or identification card as required by this section. The
  348  driver’s license or identification card issued to the sexual
  349  predator must be in compliance with s. 322.141(3).
  350         3. Provide, upon request, any additional information
  351  necessary to confirm the identity of the sexual predator,
  352  including a set of fingerprints.
  353         (g)1. Each time a sexual predator’s driver’s license or
  354  identification card is subject to renewal, and, without regard
  355  to the status of the predator’s driver’s license or
  356  identification card, within 48 hours after any change of the
  357  predator’s residence or change in the predator’s name by reason
  358  of marriage or other legal process, the predator shall report in
  359  person to a driver’s license office and shall be subject to the
  360  requirements specified in paragraph (f). The Department of
  361  Highway Safety and Motor Vehicles shall forward to the
  362  department and to the Department of Corrections all photographs
  363  and information provided by sexual predators. Notwithstanding
  364  the restrictions set forth in s. 322.142, the Department of
  365  Highway Safety and Motor Vehicles is authorized to release a
  366  reproduction of a color-photograph or digital-image license to
  367  the Department of Law Enforcement for purposes of public
  368  notification of sexual predators as provided in this section.
  369         2. A sexual predator who vacates a permanent, temporary, or
  370  transient residence and fails to establish or maintain another
  371  permanent, or temporary, or transient residence shall, within 48
  372  hours after vacating the permanent, temporary, or transient
  373  residence, report in person to the sheriff’s office of the
  374  county in which he or she is located. The sexual predator shall
  375  specify the date upon which he or she intends to or did vacate
  376  such residence. The sexual predator must provide or update all
  377  of the registration information required under paragraph (a).
  378  The sexual predator must provide an address for the residence or
  379  other place location that he or she is or will be located
  380  occupying during the time in which he or she fails to establish
  381  or maintain a permanent or temporary residence.
  382         3. A sexual predator who remains at a permanent, temporary,
  383  or transient residence after reporting his or her intent to
  384  vacate such residence shall, within 48 hours after the date upon
  385  which the predator indicated he or she would or did vacate such
  386  residence, report in person to the sheriff’s office to which he
  387  or she reported pursuant to subparagraph 2. for the purpose of
  388  reporting his or her address at such residence. When the sheriff
  389  receives the report, the sheriff shall promptly convey the
  390  information to the department. An offender who makes a report as
  391  required under subparagraph 2. but fails to make a report as
  392  required under this subparagraph commits a felony of the second
  393  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  394  775.084.
  395         4. A sexual predator must register any electronic mail
  396  address or instant message name with the department prior to
  397  using such electronic mail address or instant message name on or
  398  after October 1, 2007. The department shall establish an online
  399  system through which sexual predators may securely access and
  400  update all electronic mail address and instant message name
  401  information.
  402         (i) A sexual predator who intends to establish a permanent,
  403  temporary, or transient residence in another state or
  404  jurisdiction other than the State of Florida shall report in
  405  person to the sheriff of the county of current residence within
  406  48 hours before the date he or she intends to leave this state
  407  to establish residence in another state or jurisdiction. The
  408  sexual predator must provide to the sheriff the address,
  409  municipality, county, and state of intended residence. The
  410  sheriff shall promptly provide to the department the information
  411  received from the sexual predator. The department shall notify
  412  the statewide law enforcement agency, or a comparable agency, in
  413  the intended state or jurisdiction of residence of the sexual
  414  predator’s intended residence. The failure of a sexual predator
  415  to provide his or her intended place of residence is punishable
  416  as provided in subsection (10).
  417         (j) A sexual predator who indicates his or her intent to
  418  establish a permanent, temporary, or transient residence reside
  419  in another state or jurisdiction other than the State of Florida
  420  and later decides to remain in this state shall, within 48 hours
  421  after the date upon which the sexual predator indicated he or
  422  she would leave this state, report in person to the sheriff to
  423  which the sexual predator reported the intended change of
  424  residence, and report his or her intent to remain in this state.
  425  If the sheriff is notified by the sexual predator that he or she
  426  intends to remain in this state, the sheriff shall promptly
  427  report this information to the department. A sexual predator who
  428  reports his or her intent to establish a permanent, temporary,
  429  or transient residence reside in another state or jurisdiction,
  430  but who remains in this state without reporting to the sheriff
  431  in the manner required by this paragraph, commits a felony of
  432  the second degree, punishable as provided in s. 775.082, s.
  433  775.083, or s. 775.084.
  434         (7) COMMUNITY AND PUBLIC NOTIFICATION.—
  435         (a) Law enforcement agencies must inform members of the
  436  community and the public of a sexual predator’s presence. Upon
  437  notification of the presence of a sexual predator, the sheriff
  438  of the county or the chief of police of the municipality where
  439  the sexual predator establishes or maintains a permanent or
  440  temporary residence shall notify members of the community and
  441  the public of the presence of the sexual predator in a manner
  442  deemed appropriate by the sheriff or the chief of police. Within
  443  48 hours after receiving notification of the presence of a
  444  sexual predator, the sheriff of the county or the chief of
  445  police of the municipality where the sexual predator temporarily
  446  or permanently resides shall notify each licensed day care
  447  center, elementary school, middle school, and high school within
  448  a 1-mile radius of the temporary or permanent residence of the
  449  sexual predator of the presence of the sexual predator.
  450  Information provided to members of the community and the public
  451  regarding a sexual predator must include:
  452         1. The name of the sexual predator;
  453         2. A description of the sexual predator, including a
  454  photograph;
  455         3. The sexual predator’s current permanent, temporary, and
  456  transient addresses, and descriptions of registered locations
  457  that have no specific street address, including the name of the
  458  county or municipality if known;
  459         4. The circumstances of the sexual predator’s offense or
  460  offenses; and
  461         5. Whether the victim of the sexual predator’s offense or
  462  offenses was, at the time of the offense, a minor or an adult.
  463  
  464  This paragraph does not authorize the release of the name of any
  465  victim of the sexual predator.
  466         (8) VERIFICATION.—The department and the Department of
  467  Corrections shall implement a system for verifying the addresses
  468  of sexual predators. The system must be consistent with the
  469  provisions of the federal Adam Walsh Child Protection and Safety
  470  Act of 2006 and any other federal standards applicable to such
  471  verification or required to be met as a condition for the
  472  receipt of federal funds by the state. The Department of
  473  Corrections shall verify the addresses of sexual predators who
  474  are not incarcerated but who reside in the community under the
  475  supervision of the Department of Corrections and shall report to
  476  the department any failure by a sexual predator to comply with
  477  registration requirements. County and local law enforcement
  478  agencies, in conjunction with the department, shall verify the
  479  addresses of sexual predators who are not under the care,
  480  custody, control, or supervision of the Department of
  481  Corrections. Local law enforcement agencies shall report to the
  482  department any failure by a sexual predator to comply with
  483  registration requirements.
  484         (a) A sexual predator must report in person each year
  485  during the month of the sexual predator’s birthday and during
  486  every third month thereafter to the sheriff’s office in the
  487  county in which he or she resides or is otherwise located to
  488  reregister. The sheriff’s office may determine the appropriate
  489  times and days for reporting by the sexual predator, which shall
  490  be consistent with the reporting requirements of this paragraph.
  491  Reregistration shall include any changes to the following
  492  information:
  493         1. Name; social security number; age; race; sex; date of
  494  birth; height; weight; hair and eye color; address of any
  495  permanent residence and address of any current temporary
  496  residence, within the state or out of state, including a rural
  497  route address and a post office box; if no permanent or
  498  temporary address, any transient residence within the state;
  499  address, location or description, and dates of any current or
  500  known future temporary residence within the state or out of
  501  state; any electronic mail address and any instant message name
  502  required to be provided pursuant to subparagraph (6)(g)4.; home
  503  telephone number and any cellular telephone number; date and
  504  place of any employment; vehicle make, model, color, and license
  505  tag number; fingerprints; and photograph. A post office box
  506  shall not be provided in lieu of a physical residential address.
  507         2. If the sexual predator is enrolled, employed, or
  508  carrying on a vocation at an institution of higher education in
  509  this state, the sexual predator shall also provide to the
  510  department the name, address, and county of each institution,
  511  including each campus attended, and the sexual predator’s
  512  enrollment or employment status.
  513         3. If the sexual predator’s place of residence is a motor
  514  vehicle, trailer, mobile home, or manufactured home, as defined
  515  in chapter 320, the sexual predator shall also provide the
  516  vehicle identification number; the license tag number; the
  517  registration number; and a description, including color scheme,
  518  of the motor vehicle, trailer, mobile home, or manufactured
  519  home. If the sexual predator’s place of residence is a vessel,
  520  live-aboard vessel, or houseboat, as defined in chapter 327, the
  521  sexual predator shall also provide the hull identification
  522  number; the manufacturer’s serial number; the name of the
  523  vessel, live-aboard vessel, or houseboat; the registration
  524  number; and a description, including color scheme, of the
  525  vessel, live-aboard vessel, or houseboat.
  526         Section 3. Section 794.065, Florida Statutes, is
  527  transferred, renumbered as section 775.215, Florida Statutes,
  528  and amended to read:
  529         775.215 794.065Residency restriction Unlawful place of
  530  residence for persons convicted of certain sex offenses.—
  531         (1)The creation of a residency restriction applicable to a
  532  person who is required to register as a sexual predator or a
  533  sexual offender is expressly preempted to the state, and the
  534  provisions of this section and ss. 947.1405 and 948.30
  535  establishing such exclusions supersede any municipal or county
  536  ordinance imposing different exclusions.
  537         (2)(a)Any part of an ordinance adopted by a county or
  538  municipality before July 1, 2010, which imposes residency
  539  restrictions in excess of the requirements of this section, s.
  540  947.1405, or s. 948.30, is repealed and abolished as of July 1,
  541  2010, unless it meets the requirements of paragraphs (b) and
  542  (c).
  543         (b)This section does not preempt any county or municipal
  544  residency restriction that applies to a distance greater than
  545  1,000 feet but not more than 2,500 feet from:
  546         1.A school;
  547         2.Child care facility; or
  548         3.Other similar facility where multiple children
  549  congregate in one location for group activities or supervision.
  550         (c) For purposes of subparagraph (b)3., the “other similar
  551  facility” must be specifically identified in a separate
  552  ordinance enacted by a county or municipality upon the written
  553  recommendation of its chief law enforcement officer.
  554         (d) This section does not prevent a county or municipal
  555  ordinance from applying retroactively to a person convicted of
  556  sexual offenses before the date of the enactment of the
  557  ordinance or to apply to a person who was convicted of offenses
  558  proscribed in Florida Statutes or similar offenses in another
  559  jurisdiction.
  560         (3)As used in this section, the term:
  561         (a)“Child care facility” has the same meaning as provided
  562  in s. 402.302.
  563         (b)“Park” means all public and private property
  564  specifically designated as being used for recreational purposes
  565  and where children regularly congregate.
  566         (c)“Playground” means a designated independent area in the
  567  community or neighborhood which is designated solely for
  568  children and has one or more play structures.
  569         (d)“School” has the same meaning as provided in s. 1003.01
  570  and includes a private school as defined in s. 1002.01, a
  571  voluntary prekindergarten education program as described in s.
  572  1002.53(3), a public school as described in s. 402.3025(1), the
  573  Florida School for the Deaf and the Blind, the Florida Virtual
  574  School as established in s. 1002.37, and a K-8 Virtual School as
  575  established in s. 1002.415, but does not include facilities
  576  dedicated exclusively to the education of adults.
  577         (4)(a)(1)No It is unlawful for any person who has been
  578  convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
  579  s. 847.0135(5), or s. 847.0145, regardless of whether
  580  adjudication has been withheld, in which the victim of the
  581  offense was less than 16 years of age, shall to reside within
  582  1,000 feet of any school, child care facility day care center,
  583  park, or playground. However, a person does not violate this
  584  subsection and may not be forced to relocate if he or she is
  585  living in a residence that meets the requirements of this
  586  subsection and a school, child care facility, park, or
  587  playground is subsequently established within 1,000 feet of his
  588  or her residence.
  589         (b) A person who violates this subsection section and whose
  590  conviction under s. 794.011, s. 800.04, s. 827.071, s.
  591  847.0135(5), or s. 847.0145 was classified as a felony of the
  592  first degree or higher commits a felony of the third degree,
  593  punishable as provided in s. 775.082 or s. 775.083. A person who
  594  violates this subsection section and whose conviction under s.
  595  794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145
  596  was classified as a felony of the second or third degree commits
  597  a misdemeanor of the first degree, punishable as provided in s.
  598  775.082 or s. 775.083.
  599         (c)(2) This subsection section applies to any person
  600  convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
  601  s. 847.0135(5), or s. 847.0145 for offenses that occur on or
  602  after October 1, 2004, excluding persons who have been removed
  603  from the requirement to register as a sexual offender or sexual
  604  predator pursuant to s. 943.04354.
  605         (5)(a)A person who has been convicted of an offense in
  606  another jurisdiction which is similar to a violation of s.
  607  794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
  608  regardless of whether adjudication has been withheld, in which
  609  the victim of the offense was less than 16 years of age, shall
  610  not reside within 1,000 feet of any school, child care facility,
  611  park, or playground. However, a person does not violate this
  612  subsection and may not be forced to relocate if he or she is
  613  living in a residence that meets the requirements of this
  614  subsection and a school, child care facility, park, or
  615  playground is subsequently established within 1,000 feet of his
  616  or her residence.
  617         (b)A person who violates this subsection and whose
  618  conviction in another jurisdiction resulted in a penalty that is
  619  substantially similar to a felony of the first degree or higher
  620  commits a felony of the third degree, punishable as provided in
  621  s. 775.082 or s. 775.083. A person who violates this subsection
  622  and whose conviction in another jurisdiction resulted in a
  623  penalty that is substantially similar to a felony of the second
  624  or third degree commits a misdemeanor of the first degree,
  625  punishable as provided in s. 775.082 or s. 775.083.
  626         (c)This subsection applies to any person convicted of an
  627  offense in another jurisdiction which is similar to a violation
  628  of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
  629  847.0145 where such offense occurred on or after the effective
  630  date of this act, excluding persons who have been removed from
  631  the requirement to register as a sexual offender or sexual
  632  predator pursuant to s. 943.04354.
  633         Section 4. Paragraph (c) of subsection (1), subsection (2),
  634  paragraphs (a), (b), and (c) of subsection (4), subsections (7),
  635  (8), and (10), and paragraph (c) of subsection (14) of section
  636  943.0435, Florida Statutes, are amended to read:
  637         943.0435 Sexual offenders required to register with the
  638  department; penalty.—
  639         (1) As used in this section, the term:
  640         (c) “Permanent residence,and “temporary residence,and
  641  “transient residence” have the same meaning ascribed in s.
  642  775.21.
  643         (2) A sexual offender shall:
  644         (a) Report in person at the sheriff’s office:
  645         1. In the county in which the offender establishes or
  646  maintains a permanent, or temporary, or transient residence
  647  within 48 hours after:
  648         a. Establishing permanent, or temporary, or transient
  649  residence in this state; or
  650         b. Being released from the custody, control, or supervision
  651  of the Department of Corrections or from the custody of a
  652  private correctional facility; or
  653         2. In the county where he or she was convicted within 48
  654  hours after being convicted for a qualifying offense for
  655  registration under this section if the offender is not in the
  656  custody or control of, or under the supervision of, the
  657  Department of Corrections, or is not in the custody of a private
  658  correctional facility.
  659  
  660  Any change in the information required to be provided pursuant
  661  to paragraph (b), including, but not limited to, any change in
  662  the sexual offender’s permanent, or temporary, or transient
  663  residence, name, any electronic mail address and any instant
  664  message name required to be provided pursuant to paragraph
  665  (4)(d), after the sexual offender reports in person at the
  666  sheriff’s office, shall be accomplished in the manner provided
  667  in subsections (4), (7), and (8).
  668         (b) Provide his or her name, date of birth, social security
  669  number, race, sex, height, weight, hair and eye color, tattoos
  670  or other identifying marks, occupation and place of employment,
  671  address of permanent or legal residence or address of any
  672  current temporary residence, within the state or and out of
  673  state, including a rural route address and a post office box, if
  674  no permanent or temporary address, any transient residence
  675  within the state, address, location or description, and dates of
  676  any current or known future temporary residence within the state
  677  or out of state, home telephone number and any cellular
  678  telephone number, any electronic mail address and any instant
  679  message name required to be provided pursuant to paragraph
  680  (4)(d), date and place of each conviction, and a brief
  681  description of the crime or crimes committed by the offender. A
  682  post office box shall not be provided in lieu of a physical
  683  residential address.
  684         1. If the sexual offender’s place of residence is a motor
  685  vehicle, trailer, mobile home, or manufactured home, as defined
  686  in chapter 320, the sexual offender shall also provide to the
  687  department through the sheriff’s office written notice of the
  688  vehicle identification number; the license tag number; the
  689  registration number; and a description, including color scheme,
  690  of the motor vehicle, trailer, mobile home, or manufactured
  691  home. If the sexual offender’s place of residence is a vessel,
  692  live-aboard vessel, or houseboat, as defined in chapter 327, the
  693  sexual offender shall also provide to the department written
  694  notice of the hull identification number; the manufacturer’s
  695  serial number; the name of the vessel, live-aboard vessel, or
  696  houseboat; the registration number; and a description, including
  697  color scheme, of the vessel, live-aboard vessel, or houseboat.
  698         2. If the sexual offender is enrolled, employed, or
  699  carrying on a vocation at an institution of higher education in
  700  this state, the sexual offender shall also provide to the
  701  department through the sheriff’s office the name, address, and
  702  county of each institution, including each campus attended, and
  703  the sexual offender’s enrollment or employment status. Each
  704  change in enrollment or employment status shall be reported in
  705  person at the sheriff’s office, within 48 hours after any change
  706  in status. The sheriff shall promptly notify each institution of
  707  the sexual offender’s presence and any change in the sexual
  708  offender’s enrollment or employment status.
  709  
  710  When a sexual offender reports at the sheriff’s office, the
  711  sheriff shall take a photograph and a set of fingerprints of the
  712  offender and forward the photographs and fingerprints to the
  713  department, along with the information provided by the sexual
  714  offender. The sheriff shall promptly provide to the department
  715  the information received from the sexual offender.
  716         (4)(a) Each time a sexual offender’s driver’s license or
  717  identification card is subject to renewal, and, without regard
  718  to the status of the offender’s driver’s license or
  719  identification card, within 48 hours after any change in the
  720  offender’s permanent, or temporary, or transient residence or
  721  change in the offender’s name by reason of marriage or other
  722  legal process, the offender shall report in person to a driver’s
  723  license office, and shall be subject to the requirements
  724  specified in subsection (3). The Department of Highway Safety
  725  and Motor Vehicles shall forward to the department all
  726  photographs and information provided by sexual offenders.
  727  Notwithstanding the restrictions set forth in s. 322.142, the
  728  Department of Highway Safety and Motor Vehicles is authorized to
  729  release a reproduction of a color-photograph or digital-image
  730  license to the Department of Law Enforcement for purposes of
  731  public notification of sexual offenders as provided in this
  732  section and ss. 943.043 and 944.606.
  733         (b) A sexual offender who vacates a permanent, temporary,
  734  or transient residence and fails to establish or maintain
  735  another permanent, or temporary, or transient residence shall,
  736  within 48 hours after vacating the permanent, temporary, or
  737  transient residence, report in person to the sheriff’s office of
  738  the county in which he or she is located. The sexual offender
  739  shall specify the date upon which he or she intends to or did
  740  vacate such residence. The sexual offender must provide or
  741  update all of the registration information required under
  742  paragraph (2)(b). The sexual offender must provide an address
  743  for the residence or other place location that he or she is or
  744  will be located occupying during the time in which he or she
  745  fails to establish or maintain a permanent or temporary
  746  residence.
  747         (c) A sexual offender who remains at a permanent,
  748  temporary, or transient residence after reporting his or her
  749  intent to vacate such residence shall, within 48 hours after the
  750  date upon which the offender indicated he or she would or did
  751  vacate such residence, report in person to the agency to which
  752  he or she reported pursuant to paragraph (b) for the purpose of
  753  reporting his or her address at such residence. When the sheriff
  754  receives the report, the sheriff shall promptly convey the
  755  information to the department. An offender who makes a report as
  756  required under paragraph (b) but fails to make a report as
  757  required under this paragraph commits a felony of the second
  758  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  759  775.084.
  760         (7) A sexual offender who intends to establish a permanent,
  761  temporary, or transient residence in another state or
  762  jurisdiction other than the State of Florida shall report in
  763  person to the sheriff of the county of current residence within
  764  48 hours before the date he or she intends to leave this state
  765  to establish residence in another state or jurisdiction. The
  766  notification must include the address, municipality, county, and
  767  state of intended residence. The sheriff shall promptly provide
  768  to the department the information received from the sexual
  769  offender. The department shall notify the statewide law
  770  enforcement agency, or a comparable agency, in the intended
  771  state or jurisdiction of residence of the sexual offender’s
  772  intended residence. The failure of a sexual offender to provide
  773  his or her intended place of residence is punishable as provided
  774  in subsection (9).
  775         (8) A sexual offender who indicates his or her intent to
  776  establish a permanent, temporary, or transient residence reside
  777  in another state or jurisdiction other than the State of Florida
  778  and later decides to remain in this state shall, within 48 hours
  779  after the date upon which the sexual offender indicated he or
  780  she would leave this state, report in person to the sheriff to
  781  which the sexual offender reported the intended change of
  782  permanent, temporary, or transient residence, and report his or
  783  her intent to remain in this state. The sheriff shall promptly
  784  report this information to the department. A sexual offender who
  785  reports his or her intent to establish a permanent, temporary,
  786  or transient residence reside in another state or jurisdiction
  787  but who remains in this state without reporting to the sheriff
  788  in the manner required by this subsection commits a felony of
  789  the second degree, punishable as provided in s. 775.082, s.
  790  775.083, or s. 775.084.
  791         (10) The department, the Department of Highway Safety and
  792  Motor Vehicles, the Department of Corrections, the Department of
  793  Juvenile Justice, any law enforcement agency in this state, and
  794  the personnel of those departments; an elected or appointed
  795  official, public employee, or school administrator; or an
  796  employee, agency, or any individual or entity acting at the
  797  request or upon the direction of any law enforcement agency is
  798  immune from civil liability for damages for good faith
  799  compliance with the requirements of this section or for the
  800  release of information under this section, and shall be presumed
  801  to have acted in good faith in compiling, recording, reporting,
  802  or releasing the information. The presumption of good faith is
  803  not overcome if a technical or clerical error is made by the
  804  department, the Department of Highway Safety and Motor Vehicles,
  805  the Department of Corrections, the Department of Juvenile
  806  Justice, the personnel of those departments, or any individual
  807  or entity acting at the request or upon the direction of any of
  808  those departments in compiling or providing information, or if
  809  information is incomplete or incorrect because a sexual offender
  810  fails to report or falsely reports his or her current place of
  811  permanent, or temporary, or transient residence.
  812         (14)
  813         (c) The sheriff’s office may determine the appropriate
  814  times and days for reporting by the sexual offender, which shall
  815  be consistent with the reporting requirements of this
  816  subsection. Reregistration shall include any changes to the
  817  following information:
  818         1. Name; social security number; age; race; sex; date of
  819  birth; height; weight; hair and eye color; address of any
  820  permanent residence and address of any current temporary
  821  residence, within the state or out of state, including a rural
  822  route address and a post office box; if no permanent or
  823  temporary address, any transient residence within the state;
  824  address, location or description, and dates of any current or
  825  known future temporary residence within the state or out of
  826  state; any electronic mail address and any instant message name
  827  required to be provided pursuant to paragraph (4)(d); home
  828  telephone number and any cellular telephone number; date and
  829  place of any employment; vehicle make, model, color, and license
  830  tag number; fingerprints; and photograph. A post office box
  831  shall not be provided in lieu of a physical residential address.
  832         2. If the sexual offender is enrolled, employed, or
  833  carrying on a vocation at an institution of higher education in
  834  this state, the sexual offender shall also provide to the
  835  department the name, address, and county of each institution,
  836  including each campus attended, and the sexual offender’s
  837  enrollment or employment status.
  838         3. If the sexual offender’s place of residence is a motor
  839  vehicle, trailer, mobile home, or manufactured home, as defined
  840  in chapter 320, the sexual offender shall also provide the
  841  vehicle identification number; the license tag number; the
  842  registration number; and a description, including color scheme,
  843  of the motor vehicle, trailer, mobile home, or manufactured
  844  home. If the sexual offender’s place of residence is a vessel,
  845  live-aboard vessel, or houseboat, as defined in chapter 327, the
  846  sexual offender shall also provide the hull identification
  847  number; the manufacturer’s serial number; the name of the
  848  vessel, live-aboard vessel, or houseboat; the registration
  849  number; and a description, including color scheme, of the
  850  vessel, live-aboard vessel or houseboat.
  851         4. Any sexual offender who fails to report in person as
  852  required at the sheriff’s office, or who fails to respond to any
  853  address verification correspondence from the department within 3
  854  weeks of the date of the correspondence or who fails to report
  855  electronic mail addresses or instant message names, commits a
  856  felony of the third degree, punishable as provided in s.
  857  775.082, s. 775.083, or s. 775.084.
  858         Section 5. Section 943.04352, Florida Statutes, is amended
  859  to read:
  860         943.04352 Search of registration information regarding
  861  sexual predators and sexual offenders required when placement on
  862  misdemeanor probation.—When the court places a defendant on
  863  misdemeanor probation pursuant to ss. 948.01 and 948.15, the
  864  public or private entity providing probation services must
  865  conduct a search of the probationer’s name or other identifying
  866  information against the registration information regarding
  867  sexual predators and sexual offenders maintained by the
  868  Department of Law Enforcement under s. 943.043. The probation
  869  services provider may conduct the search using the Internet site
  870  maintained by the Department of Law Enforcement. Also, a
  871  national search must be conducted through the Dru Sjodin
  872  National Sex Offender Public Website maintained by the United
  873  States Department of Justice.
  874         Section 6. Paragraph (a) of subsection (3) of section
  875  944.606, Florida Statutes, is amended to read:
  876         944.606 Sexual offenders; notification upon release.—
  877         (3)(a) The department must provide information regarding
  878  any sexual offender who is being released after serving a period
  879  of incarceration for any offense, as follows:
  880         1. The department must provide: the sexual offender’s name,
  881  any change in the offender’s name by reason of marriage or other
  882  legal process, and any alias, if known; the correctional
  883  facility from which the sexual offender is released; the sexual
  884  offender’s social security number, race, sex, date of birth,
  885  height, weight, and hair and eye color; address of any planned
  886  permanent residence or temporary residence, within the state or
  887  out of state, including a rural route address and a post office
  888  box; if no permanent or temporary address, any transient
  889  residence within the state; address, location or description,
  890  and dates of any known future temporary residence within the
  891  state or out of state; date and county of sentence and each
  892  crime for which the offender was sentenced; a copy of the
  893  offender’s fingerprints and a digitized photograph taken within
  894  60 days before release; the date of release of the sexual
  895  offender; any electronic mail address and any instant message
  896  name required to be provided pursuant to s. 943.0435(4)(d); and
  897  home telephone number and any cellular telephone number; and the
  898  offender’s intended residence address, if known. The department
  899  shall notify the Department of Law Enforcement if the sexual
  900  offender escapes, absconds, or dies. If the sexual offender is
  901  in the custody of a private correctional facility, the facility
  902  shall take the digitized photograph of the sexual offender
  903  within 60 days before the sexual offender’s release and provide
  904  this photograph to the Department of Corrections and also place
  905  it in the sexual offender’s file. If the sexual offender is in
  906  the custody of a local jail, the custodian of the local jail
  907  shall register the offender within 3 business days after intake
  908  of the offender for any reason and upon release, and shall
  909  notify the Department of Law Enforcement of the sexual
  910  offender’s release and provide to the Department of Law
  911  Enforcement the information specified in this paragraph and any
  912  information specified in subparagraph 2. that the Department of
  913  Law Enforcement requests.
  914         2. The department may provide any other information deemed
  915  necessary, including criminal and corrections records,
  916  nonprivileged personnel and treatment records, when available.
  917         Section 7. Subsections (4) and (6) and paragraph (c) of
  918  subsection (13) of section 944.607, Florida Statutes, are
  919  amended to read:
  920         944.607 Notification to Department of Law Enforcement of
  921  information on sexual offenders.—
  922         (4) A sexual offender, as described in this section, who is
  923  under the supervision of the Department of Corrections but is
  924  not incarcerated must register with the Department of
  925  Corrections within 3 business days after sentencing for a
  926  registrable registerable offense and otherwise provide
  927  information as required by this subsection.
  928         (a) The sexual offender shall provide his or her name; date
  929  of birth; social security number; race; sex; height; weight;
  930  hair and eye color; tattoos or other identifying marks; any
  931  electronic mail address and any instant message name required to
  932  be provided pursuant to s. 943.0435(4)(d); and permanent or
  933  legal residence and address of temporary residence within the
  934  state or out of state while the sexual offender is under
  935  supervision in this state, including any rural route address or
  936  post office box; if no permanent or temporary address, any
  937  transient residence within the state; and address, location or
  938  description, and dates of any current or known future temporary
  939  residence within the state or out of state. The Department of
  940  Corrections shall verify the address of each sexual offender in
  941  the manner described in ss. 775.21 and 943.0435. The department
  942  shall report to the Department of Law Enforcement any failure by
  943  a sexual predator or sexual offender to comply with registration
  944  requirements.
  945         (b) If the sexual offender is enrolled, employed, or
  946  carrying on a vocation at an institution of higher education in
  947  this state, the sexual offender shall provide the name, address,
  948  and county of each institution, including each campus attended,
  949  and the sexual offender’s enrollment or employment status. Each
  950  change in enrollment or employment status shall be reported to
  951  the department within 48 hours after the change in status. The
  952  Department of Corrections shall promptly notify each institution
  953  of the sexual offender’s presence and any change in the sexual
  954  offender’s enrollment or employment status.
  955         (6) The information provided to the Department of Law
  956  Enforcement must include:
  957         (a) The information obtained from the sexual offender under
  958  subsection (4);
  959         (b) The sexual offender’s most current address, and place
  960  of permanent, and temporary, or transient residence within the
  961  state or out of state, and address, location or description, and
  962  dates of any current or known future temporary residence within
  963  the state or out of state, while the sexual offender is under
  964  supervision in this state, including the name of the county or
  965  municipality in which the offender permanently or temporarily
  966  resides, or has a transient residence, and address, location or
  967  description, and dates of any current or known future temporary
  968  residence within the state or out of state, and, if known, the
  969  intended place of permanent, or temporary, or transient
  970  residence, and address, location or description, and dates of
  971  any current or known future temporary residence within the state
  972  or out of state upon satisfaction of all sanctions;
  973         (c) The legal status of the sexual offender and the
  974  scheduled termination date of that legal status;
  975         (d) The location of, and local telephone number for, any
  976  Department of Corrections’ office that is responsible for
  977  supervising the sexual offender;
  978         (e) An indication of whether the victim of the offense that
  979  resulted in the offender’s status as a sexual offender was a
  980  minor;
  981         (f) The offense or offenses at conviction which resulted in
  982  the determination of the offender’s status as a sex offender;
  983  and
  984         (g) A digitized photograph of the sexual offender which
  985  must have been taken within 60 days before the offender is
  986  released from the custody of the department or a private
  987  correctional facility by expiration of sentence under s. 944.275
  988  or must have been taken by January 1, 1998, or within 60 days
  989  after the onset of the department’s supervision of any sexual
  990  offender who is on probation, community control, conditional
  991  release, parole, provisional release, or control release or who
  992  is supervised by the department under the Interstate Compact
  993  Agreement for Probationers and Parolees. If the sexual offender
  994  is in the custody of a private correctional facility, the
  995  facility shall take a digitized photograph of the sexual
  996  offender within the time period provided in this paragraph and
  997  shall provide the photograph to the department.
  998  
  999  If any information provided by the department changes during the
 1000  time the sexual offender is under the department’s control,
 1001  custody, or supervision, including any change in the offender’s
 1002  name by reason of marriage or other legal process, the
 1003  department shall, in a timely manner, update the information and
 1004  provide it to the Department of Law Enforcement in the manner
 1005  prescribed in subsection (2).
 1006         (13)
 1007         (c) The sheriff’s office may determine the appropriate
 1008  times and days for reporting by the sexual offender, which shall
 1009  be consistent with the reporting requirements of this
 1010  subsection. Reregistration shall include any changes to the
 1011  following information:
 1012         1. Name; social security number; age; race; sex; date of
 1013  birth; height; weight; hair and eye color; address of any
 1014  permanent residence and address of any current temporary
 1015  residence, within the state or out of state, including a rural
 1016  route address and a post office box; if no permanent or
 1017  temporary address, any transient residence; address, location or
 1018  description, and dates of any current or known future temporary
 1019  residence within the state or out of state; any electronic mail
 1020  address and any instant message name required to be provided
 1021  pursuant to s. 943.0435(4)(d); date and place of any employment;
 1022  vehicle make, model, color, and license tag number;
 1023  fingerprints; and photograph. A post office box shall not be
 1024  provided in lieu of a physical residential address.
 1025         2. If the sexual offender is enrolled, employed, or
 1026  carrying on a vocation at an institution of higher education in
 1027  this state, the sexual offender shall also provide to the
 1028  department the name, address, and county of each institution,
 1029  including each campus attended, and the sexual offender’s
 1030  enrollment or employment status.
 1031         3. If the sexual offender’s place of residence is a motor
 1032  vehicle, trailer, mobile home, or manufactured home, as defined
 1033  in chapter 320, the sexual offender shall also provide the
 1034  vehicle identification number; the license tag number; the
 1035  registration number; and a description, including color scheme,
 1036  of the motor vehicle, trailer, mobile home, or manufactured
 1037  home. If the sexual offender’s place of residence is a vessel,
 1038  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1039  sexual offender shall also provide the hull identification
 1040  number; the manufacturer’s serial number; the name of the
 1041  vessel, live-aboard vessel, or houseboat; the registration
 1042  number; and a description, including color scheme, of the
 1043  vessel, live-aboard vessel or houseboat.
 1044         4. Any sexual offender who fails to report in person as
 1045  required at the sheriff’s office, or who fails to respond to any
 1046  address verification correspondence from the department within 3
 1047  weeks of the date of the correspondence, or who fails to report
 1048  electronic mail addresses or instant message names, commits a
 1049  felony of the third degree, punishable as provided in s.
 1050  775.082, s. 775.083, or s. 775.084.
 1051         Section 8. Subsections (9) and (10) of section 947.005,
 1052  Florida Statutes, is amended, and subsections (12), (13), (14),
 1053  and (15) are added to that section, to read:
 1054         947.005 Definitions.—As used in this chapter, unless the
 1055  context clearly indicates otherwise:
 1056         (9) “Qualified practitioner” means a social worker, mental
 1057  health counselor, or a marriage and family therapist licensed
 1058  under chapter 491 who, as determined by rule of the respective
 1059  boards, has the coursework, training, qualifications, and
 1060  experience to treat sex offenders; or a psychiatrist licensed
 1061  under chapter 458 or chapter 459; or, a psychologist licensed
 1062  under chapter 490, or a social worker, a mental health
 1063  counselor, or a marriage and family therapist licensed under
 1064  chapter 491 who practices in accordance with his or her
 1065  respective practice act.
 1066         (10) “Risk assessment” means an assessment completed by a
 1067  an independent qualified practitioner to evaluate the level of
 1068  risk associated when a sex offender has contact with a child.
 1069         (12) “Child care facility” has the same meaning as provided
 1070  in s. 402.302.
 1071         (13)“Park” means all public and private property
 1072  specifically designated as being used for recreational purposes
 1073  and where children regularly congregate.
 1074         (14) “Playground” means a designated independent area in
 1075  the community or neighborhood which is designated solely for
 1076  children and has one or more play structures.
 1077         (15) “School” has the same meaning as provided in s.
 1078  1003.01 and includes a private school as defined in s. 1002.01,
 1079  a voluntary prekindergarten education program as described in s.
 1080  1002.53(3), a public school as described in s. 402.3025(1), the
 1081  Florida School for the Deaf and the Blind, the Florida Virtual
 1082  School as established in s. 1002.37, and a K-8 Virtual School as
 1083  established in s. 1002.415, but does not includes facilities
 1084  dedicated exclusively to the education of adults.
 1085         Section 9. Subsection (7) of section 947.1405, Florida
 1086  Statutes, is amended, and subsection (12) is added to that
 1087  section, to read:
 1088         947.1405 Conditional release program.—
 1089         (7)(a) Any inmate who is convicted of a crime committed on
 1090  or after October 1, 1995, or who has been previously convicted
 1091  of a crime committed on or after October 1, 1995, in violation
 1092  of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
 1093  847.0145, and is subject to conditional release supervision,
 1094  shall have, in addition to any other conditions imposed, the
 1095  following special conditions imposed by the commission:
 1096         1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
 1097  may designate another 8-hour period if the offender’s employment
 1098  precludes the above specified time, and such alternative is
 1099  recommended by the Department of Corrections. If the commission
 1100  determines that imposing a curfew would endanger the victim, the
 1101  commission may consider alternative sanctions.
 1102         2. If the victim was under the age of 18, a prohibition on
 1103  living within 1,000 feet of a school, child care facility day
 1104  care center, park, playground, designated public school bus
 1105  stop, or other place where children regularly congregate. A
 1106  releasee who is subject to this subparagraph may not relocate to
 1107  a residence that is within 1,000 feet of a public school bus
 1108  stop. Beginning October 1, 2004, the commission or the
 1109  department may not approve a residence that is located within
 1110  1,000 feet of a school, day care center, park, playground,
 1111  designated school bus stop, or other place where children
 1112  regularly congregate for any releasee who is subject to this
 1113  subparagraph. On October 1, 2004, the department shall notify
 1114  each affected school district of the location of the residence
 1115  of a releasee 30 days prior to release and thereafter, if the
 1116  releasee relocates to a new residence, shall notify any affected
 1117  school district of the residence of the releasee within 30 days
 1118  after relocation. If, on October 1, 2004, any public school bus
 1119  stop is located within 1,000 feet of the existing residence of
 1120  such releasee, the district school board shall relocate that
 1121  school bus stop. Beginning October 1, 2004, a district school
 1122  board may not establish or relocate a public school bus stop
 1123  within 1,000 feet of the residence of a releasee who is subject
 1124  to this subparagraph. The failure of the district school board
 1125  to comply with this subparagraph shall not result in a violation
 1126  of conditional release supervision. A releasee who is subject to
 1127  this subparagraph may not be forced to relocate and does not
 1128  violate his or her conditional release supervision if he or she
 1129  is living in a residence that meets the requirements of this
 1130  subparagraph and a school, child care facility, park,
 1131  playground, designated public school bus stop, or other place
 1132  where children regularly congregate is subsequently established
 1133  within 1,000 feet of his or her residence.
 1134         3. Active participation in and successful completion of a
 1135  sex offender treatment program with qualified practitioners
 1136  specifically trained to treat sex offenders, at the releasee’s
 1137  own expense. If a qualified practitioner is not available within
 1138  a 50-mile radius of the releasee’s residence, the offender shall
 1139  participate in other appropriate therapy.
 1140         4. A prohibition on any contact with the victim, directly
 1141  or indirectly, including through a third person, unless approved
 1142  by the victim, a qualified practitioner in the sexual offender
 1143  treatment program the offender’s therapist, and the sentencing
 1144  court.
 1145         5. If the victim was under the age of 18, a prohibition
 1146  against contact with children under the age of 18 without review
 1147  and approval by the commission. The commission may approve
 1148  supervised contact with a child under the age of 18 if the
 1149  approval is based upon a recommendation for contact issued by a
 1150  qualified practitioner who is basing the recommendation on a
 1151  risk assessment. Further, the sex offender must be currently
 1152  enrolled in or have successfully completed a sex offender
 1153  therapy program. The commission may not grant supervised contact
 1154  with a child if the contact is not recommended by a qualified
 1155  practitioner and may deny supervised contact with a child at any
 1156  time. When considering whether to approve supervised contact
 1157  with a child, the commission must review and consider the
 1158  following:
 1159         a. A risk assessment completed by a qualified practitioner.
 1160  The qualified practitioner must prepare a written report that
 1161  must include the findings of the assessment and address each of
 1162  the following components:
 1163         (I) The sex offender’s current legal status;
 1164         (II) The sex offender’s history of adult charges with
 1165  apparent sexual motivation;
 1166         (III) The sex offender’s history of adult charges without
 1167  apparent sexual motivation;
 1168         (IV) The sex offender’s history of juvenile charges,
 1169  whenever available;
 1170         (V) The sex offender’s offender treatment history,
 1171  including a consultation from the sex offender’s treating, or
 1172  most recent treating, therapist;
 1173         (VI) The sex offender’s current mental status;
 1174         (VII) The sex offender’s mental health and substance abuse
 1175  history as provided by the Department of Corrections;
 1176         (VIII) The sex offender’s personal, social, educational,
 1177  and work history;
 1178         (IX) The results of current psychological testing of the
 1179  sex offender if determined necessary by the qualified
 1180  practitioner;
 1181         (X) A description of the proposed contact, including the
 1182  location, frequency, duration, and supervisory arrangement;
 1183         (XI) The child’s preference and relative comfort level with
 1184  the proposed contact, when age-appropriate;
 1185         (XII) The parent’s or legal guardian’s preference regarding
 1186  the proposed contact; and
 1187         (XIII) The qualified practitioner’s opinion, along with the
 1188  basis for that opinion, as to whether the proposed contact would
 1189  likely pose significant risk of emotional or physical harm to
 1190  the child.
 1191  
 1192  The written report of the assessment must be given to the
 1193  commission.
 1194         b. A recommendation made as a part of the risk-assessment
 1195  report as to whether supervised contact with the child should be
 1196  approved;
 1197         c. A written consent signed by the child’s parent or legal
 1198  guardian, if the parent or legal guardian is not the sex
 1199  offender, agreeing to the sex offender having supervised contact
 1200  with the child after receiving full disclosure of the sex
 1201  offender’s present legal status, past criminal history, and the
 1202  results of the risk assessment. The commission may not approve
 1203  contact with the child if the parent or legal guardian refuses
 1204  to give written consent for supervised contact;
 1205         d. A safety plan prepared by the qualified practitioner,
 1206  who provides treatment to the offender, in collaboration with
 1207  the sex offender, the child’s parent or legal guardian, and the
 1208  child, when age appropriate, which details the acceptable
 1209  conditions of contact between the sex offender and the child.
 1210  The safety plan must be reviewed and approved by the Department
 1211  of Corrections before being submitted to the commission; and
 1212         e. Evidence that the child’s parent or legal guardian, if
 1213  the parent or legal guardian is not the sex offender,
 1214  understands the need for and agrees to the safety plan and has
 1215  agreed to provide, or to designate another adult to provide,
 1216  constant supervision any time the child is in contact with the
 1217  offender.
 1218  
 1219  The commission may not appoint a person to conduct a risk
 1220  assessment and may not accept a risk assessment from a person
 1221  who has not demonstrated to the commission that he or she has
 1222  met the requirements of a qualified practitioner as defined in
 1223  this section.
 1224         6. If the victim was under age 18, a prohibition on working
 1225  for pay or as a volunteer at any school, day care center, park,
 1226  playground, or other place where children regularly congregate,
 1227  as prescribed by the commission.
 1228         7. Unless otherwise indicated in the treatment plan
 1229  provided by a qualified practitioner in the sexual offender
 1230  treatment program, a prohibition on viewing, owning, or
 1231  possessing any obscene, pornographic, or sexually stimulating
 1232  visual or auditory material, including telephone, electronic
 1233  media, computer programs, or computer services that are relevant
 1234  to the offender’s deviant behavior pattern.
 1235         8. Effective for a releasee whose crime is committed on or
 1236  after July 1, 2005, a prohibition on accessing the Internet or
 1237  other computer services until a qualified practitioner in the
 1238  offender’s sex offender treatment program, after a risk
 1239  assessment is completed, approves and implements a safety plan
 1240  for the offender’s accessing or using the Internet or other
 1241  computer services.
 1242         9. A requirement that the releasee must submit two
 1243  specimens of blood to the Florida Department of Law Enforcement
 1244  to be registered with the DNA database.
 1245         10. A requirement that the releasee make restitution to the
 1246  victim, as determined by the sentencing court or the commission,
 1247  for all necessary medical and related professional services
 1248  relating to physical, psychiatric, and psychological care.
 1249         11. Submission to a warrantless search by the community
 1250  control or probation officer of the probationer’s or community
 1251  controllee’s person, residence, or vehicle.
 1252         (b) For a releasee whose crime was committed on or after
 1253  October 1, 1997, in violation of chapter 794, s. 800.04, s.
 1254  827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
 1255  conditional release supervision, in addition to any other
 1256  provision of this subsection, the commission shall impose the
 1257  following additional conditions of conditional release
 1258  supervision:
 1259         1. As part of a treatment program, participation in a
 1260  minimum of one annual polygraph examination to obtain
 1261  information necessary for risk management and treatment and to
 1262  reduce the sex offender’s denial mechanisms. The polygraph
 1263  examination must be conducted by a polygrapher who is a member
 1264  of a national or state polygraph association and who is
 1265  certified as a postconviction sex offender polygrapher trained
 1266  specifically in the use of the polygraph for the monitoring of
 1267  sex offenders, where available, and at the expense of the
 1268  releasee sex offender. The results of the examination shall be
 1269  provided to the releasee’s probation officer and qualified
 1270  practitioner and may not be used as evidence in a hearing to
 1271  prove that a violation of supervision has occurred.
 1272         2. Maintenance of a driving log and a prohibition against
 1273  driving a motor vehicle alone without the prior approval of the
 1274  supervising officer.
 1275         3. A prohibition against obtaining or using a post office
 1276  box without the prior approval of the supervising officer.
 1277         4. If there was sexual contact, a submission to, at the
 1278  releasee’s probationer’s or community controllee’s expense, an
 1279  HIV test with the results to be released to the victim or the
 1280  victim’s parent or guardian.
 1281         5. Electronic monitoring of any form when ordered by the
 1282  commission. Any person who has been placed under supervision and
 1283  is electronically monitored by the department must pay the
 1284  department for the cost of the electronic monitoring service at
 1285  a rate that may not exceed the full cost of the monitoring
 1286  service. Funds collected under this subparagraph shall be
 1287  deposited into the General Revenue Fund. The department may
 1288  exempt a person from the payment of all or any part of the
 1289  electronic monitoring service cost if the department finds that
 1290  any of the factors listed in s. 948.09(3) exist.
 1291         (12)In addition to all other conditions imposed, for a
 1292  releasee who is subject to conditional release for a crime that
 1293  was committed on or after the effective date of this act, and
 1294  who has been convicted at any time of committing, or attempting,
 1295  soliciting, or conspiring to commit, any of the criminal
 1296  offenses listed in s. 943.0435(1)(a)1.a.(I), or a similar
 1297  offense in another jurisdiction, against a victim who was under
 1298  the age of 18 at the time of the offense; if the releasee has
 1299  not received a pardon for any felony or similar law of another
 1300  jurisdiction necessary for the operation of this subsection, if
 1301  a conviction of a felony or similar law of another jurisdiction
 1302  necessary for the operation of this subsection has not been set
 1303  aside in any postconviction proceeding, or if the releasee has
 1304  not been removed from the requirement to register as a sexual
 1305  offender or sexual predator pursuant to s. 943.04354, the
 1306  commission must impose the following conditions:
 1307         (a)A prohibition on visiting any child care facility, pre
 1308  K through 12 school, any real property comprising a child care
 1309  facility or pre-K through 12 school when the child care facility
 1310  or school is in operation, as well as any park, or playground,
 1311  while children are present, without prior approval from the
 1312  releasee’s supervising officer. The commission may also
 1313  designate additional locations to protect a victim. The
 1314  prohibition ordered under this paragraph does not prohibit the
 1315  releasee from visiting a school, child care facility, park, or
 1316  playground for the sole purpose of attending a religious service
 1317  as defined in s. 775.0861, or picking up or dropping off the
 1318  releasee’s children or grandchildren at a child care facility or
 1319  school.
 1320         (b)A prohibition on distributing candy or other items to
 1321  children on Halloween; wearing a Santa Claus costume, or other
 1322  costume to appeal to children, on or preceding Christmas;
 1323  wearing an Easter Bunny costume, or other costume to appeal to
 1324  children, on or preceding Easter; entertaining at children’s
 1325  parties; or wearing a clown costume without prior approval from
 1326  the commission.
 1327         Section 10. Subsections (6) and (7) of section 948.001,
 1328  Florida Statutes, are amended, and subsections (11), (12), (13),
 1329  and (14) are added to that section, to read:
 1330         948.001 Definitions.—As used in this chapter, the term:
 1331         (6) “Qualified practitioner” means a social worker, mental
 1332  health counselor, or a marriage and family therapist licensed
 1333  under chapter 491 who, as determined by rule of the respective
 1334  boards, has the coursework, training, qualifications, and
 1335  experience to evaluate and treat sexual offenders; or a
 1336  psychiatrist licensed under chapter 458 or chapter 459; or, a
 1337  psychologist licensed under chapter 490, or a social worker, a
 1338  mental health counselor, or a marriage and family therapist
 1339  licensed under chapter 491 who practices in accordance with his
 1340  or her respective practice act.
 1341         (7) “Risk assessment” means an assessment completed by a an
 1342  independent qualified practitioner to evaluate the level of risk
 1343  associated when a sex offender has contact with a child.
 1344         (11)“Child care facility” has the same meaning as provided
 1345  in s. 402.302.
 1346         (12)“Park” means all public and private property
 1347  specifically designated as being used for recreational purposes
 1348  and where children regularly congregate.
 1349         (13)“Playground” means a designated independent area in
 1350  the community or neighborhood which is designated solely for
 1351  children and has one or more play structures.
 1352         (14)“School” has the same meaning as provided in s.
 1353  1003.01 and includes a private school as defined in s. 1002.01,
 1354  a voluntary prekindergarten education program as described in s.
 1355  1002.53(3), a public school as described in s. 402.3025(1), the
 1356  Florida School for the Deaf and the Blind, the Florida Virtual
 1357  School as established in s. 1002.37, and a K-8 Virtual School as
 1358  established in s. 1002.415, but does not includes facilities
 1359  dedicated exclusively to the education of adults.
 1360         Section 11. Subsection (1) and paragraph (a) of subsection
 1361  (2) of section 948.30, Florida Statutes, are amended, and
 1362  subsection (4) is added to that section, to read:
 1363         948.30 Additional terms and conditions of probation or
 1364  community control for certain sex offenses.—Conditions imposed
 1365  pursuant to this section do not require oral pronouncement at
 1366  the time of sentencing and shall be considered standard
 1367  conditions of probation or community control for offenders
 1368  specified in this section.
 1369         (1) Effective for probationers or community controllees
 1370  whose crime was committed on or after October 1, 1995, and who
 1371  are placed under supervision for violation of chapter 794, s.
 1372  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court
 1373  must impose the following conditions in addition to all other
 1374  standard and special conditions imposed:
 1375         (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
 1376  designate another 8-hour period if the offender’s employment
 1377  precludes the above specified time, and the alternative is
 1378  recommended by the Department of Corrections. If the court
 1379  determines that imposing a curfew would endanger the victim, the
 1380  court may consider alternative sanctions.
 1381         (b) If the victim was under the age of 18, a prohibition on
 1382  living within 1,000 feet of a school, child care facility day
 1383  care center, park, playground, or other place where children
 1384  regularly congregate, as prescribed by the court. The 1,000-foot
 1385  distance shall be measured in a straight line from the
 1386  offender’s place of residence to the nearest boundary line of
 1387  the school, day care center, park, playground, or other place
 1388  where children congregate. The distance may not be measured by a
 1389  pedestrian route or automobile route. A probationer or community
 1390  controllee who is subject to this paragraph may not be forced to
 1391  relocate and does not violate his or her probation or community
 1392  control if he or she is living in a residence that meets the
 1393  requirements of this paragraph and a school, child care
 1394  facility, park, playground, or other place where children
 1395  regularly congregate is subsequently established within 1,000
 1396  feet of his or her residence.
 1397         (c) Active participation in and successful completion of a
 1398  sex offender treatment program with qualified practitioners
 1399  specifically trained to treat sex offenders, at the
 1400  probationer’s or community controllee’s own expense. If a
 1401  qualified practitioner is not available within a 50-mile radius
 1402  of the probationer’s or community controllee’s residence, the
 1403  offender shall participate in other appropriate therapy.
 1404         (d) A prohibition on any contact with the victim, directly
 1405  or indirectly, including through a third person, unless approved
 1406  by the victim, a qualified practitioner in the sexual offender
 1407  treatment program the offender’s therapist, and the sentencing
 1408  court.
 1409         (e) If the victim was under the age of 18, a prohibition on
 1410  contact with a child under the age of 18 except as provided in
 1411  this paragraph. The court may approve supervised contact with a
 1412  child under the age of 18 if the approval is based upon a
 1413  recommendation for contact issued by a qualified practitioner
 1414  who is basing the recommendation on a risk assessment. Further,
 1415  the sex offender must be currently enrolled in or have
 1416  successfully completed a sex offender therapy program. The court
 1417  may not grant supervised contact with a child if the contact is
 1418  not recommended by a qualified practitioner and may deny
 1419  supervised contact with a child at any time. When considering
 1420  whether to approve supervised contact with a child, the court
 1421  must review and consider the following:
 1422         1. A risk assessment completed by a qualified practitioner.
 1423  The qualified practitioner must prepare a written report that
 1424  must include the findings of the assessment and address each of
 1425  the following components:
 1426         a. The sex offender’s current legal status;
 1427         b. The sex offender’s history of adult charges with
 1428  apparent sexual motivation;
 1429         c. The sex offender’s history of adult charges without
 1430  apparent sexual motivation;
 1431         d. The sex offender’s history of juvenile charges, whenever
 1432  available;
 1433         e. The sex offender’s offender treatment history, including
 1434  consultations with the sex offender’s treating, or most recent
 1435  treating, therapist;
 1436         f. The sex offender’s current mental status;
 1437         g. The sex offender’s mental health and substance abuse
 1438  treatment history as provided by the Department of Corrections;
 1439         h. The sex offender’s personal, social, educational, and
 1440  work history;
 1441         i. The results of current psychological testing of the sex
 1442  offender if determined necessary by the qualified practitioner;
 1443         j. A description of the proposed contact, including the
 1444  location, frequency, duration, and supervisory arrangement;
 1445         k. The child’s preference and relative comfort level with
 1446  the proposed contact, when age appropriate;
 1447         l. The parent’s or legal guardian’s preference regarding
 1448  the proposed contact; and
 1449         m. The qualified practitioner’s opinion, along with the
 1450  basis for that opinion, as to whether the proposed contact would
 1451  likely pose significant risk of emotional or physical harm to
 1452  the child.
 1453  
 1454  The written report of the assessment must be given to the court;
 1455         2. A recommendation made as a part of the risk assessment
 1456  report as to whether supervised contact with the child should be
 1457  approved;
 1458         3. A written consent signed by the child’s parent or legal
 1459  guardian, if the parent or legal guardian is not the sex
 1460  offender, agreeing to the sex offender having supervised contact
 1461  with the child after receiving full disclosure of the sex
 1462  offender’s present legal status, past criminal history, and the
 1463  results of the risk assessment. The court may not approve
 1464  contact with the child if the parent or legal guardian refuses
 1465  to give written consent for supervised contact;
 1466         4. A safety plan prepared by the qualified practitioner,
 1467  who provides treatment to the offender, in collaboration with
 1468  the sex offender, the child’s parent or legal guardian, if the
 1469  parent or legal guardian is not the sex offender, and the child,
 1470  when age appropriate, which details the acceptable conditions of
 1471  contact between the sex offender and the child. The safety plan
 1472  must be reviewed and approved by the court; and
 1473         5. Evidence that the child’s parent or legal guardian
 1474  understands the need for and agrees to the safety plan and has
 1475  agreed to provide, or to designate another adult to provide,
 1476  constant supervision any time the child is in contact with the
 1477  offender.
 1478  
 1479  The court may not appoint a person to conduct a risk assessment
 1480  and may not accept a risk assessment from a person who has not
 1481  demonstrated to the court that he or she has met the
 1482  requirements of a qualified practitioner as defined in this
 1483  section.
 1484         (f) If the victim was under age 18, a prohibition on
 1485  working for pay or as a volunteer at any place where children
 1486  regularly congregate, including, but not limited to, schools,
 1487  day care centers, parks, playgrounds, pet stores, libraries,
 1488  zoos, theme parks, and malls.
 1489         (g) Unless otherwise indicated in the treatment plan
 1490  provided by a qualified practitioner in the sexual offender
 1491  treatment program, a prohibition on viewing, accessing, owning,
 1492  or possessing any obscene, pornographic, or sexually stimulating
 1493  visual or auditory material, including telephone, electronic
 1494  media, computer programs, or computer services that are relevant
 1495  to the offender’s deviant behavior pattern.
 1496         (h) Effective for probationers and community controllees
 1497  whose crime is committed on or after July 1, 2005, a prohibition
 1498  on accessing the Internet or other computer services until a
 1499  qualified practitioner in the offender’s sex offender treatment
 1500  program, after a risk assessment is completed, approves and
 1501  implements a safety plan for the offender’s accessing or using
 1502  the Internet or other computer services.
 1503         (i) A requirement that the probationer or community
 1504  controllee must submit a specimen of blood or other approved
 1505  biological specimen to the Department of Law Enforcement to be
 1506  registered with the DNA data bank.
 1507         (j) A requirement that the probationer or community
 1508  controllee make restitution to the victim, as ordered by the
 1509  court under s. 775.089, for all necessary medical and related
 1510  professional services relating to physical, psychiatric, and
 1511  psychological care.
 1512         (k) Submission to a warrantless search by the community
 1513  control or probation officer of the probationer’s or community
 1514  controllee’s person, residence, or vehicle.
 1515         (2) Effective for a probationer or community controllee
 1516  whose crime was committed on or after October 1, 1997, and who
 1517  is placed on community control or sex offender probation for a
 1518  violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
 1519  or s. 847.0145, in addition to any other provision of this
 1520  section, the court must impose the following conditions of
 1521  probation or community control:
 1522         (a) As part of a treatment program, participation at least
 1523  annually in polygraph examinations to obtain information
 1524  necessary for risk management and treatment and to reduce the
 1525  sex offender’s denial mechanisms. A polygraph examination must
 1526  be conducted by a polygrapher who is a member of a national or
 1527  state polygraph association and who is certified as a
 1528  postconviction sex offender polygrapher trained specifically in
 1529  the use of the polygraph for the monitoring of sex offenders,
 1530  where available, and shall be paid for by the probationer or
 1531  community controllee sex offender. The results of the polygraph
 1532  examination shall be provided to the probationer’s or community
 1533  controllee’s probation officer and qualified practitioner and
 1534  shall not be used as evidence in court to prove that a violation
 1535  of community supervision has occurred.
 1536         (4)In addition to all other conditions imposed, for a
 1537  probationer or community controllee who is subject to
 1538  supervision for a crime that was committed on or after the
 1539  effective date of this act, and who has been convicted at any
 1540  time of committing, or attempting, soliciting, or conspiring to
 1541  commit, any of the criminal offenses listed in s.
 1542  943.0435(1)(a)1.a.(I), or a similar offense in another
 1543  jurisdiction, against a victim who was under the age of 18 at
 1544  the time of the offense; if the offender has not received a
 1545  pardon for any felony or similar law of another jurisdiction
 1546  necessary for the operation of this subsection, if a conviction
 1547  of a felony or similar law of another jurisdiction necessary for
 1548  the operation of this subsection has not been set aside in any
 1549  postconviction proceeding, or if the offender has not been
 1550  removed from the requirement to register as a sexual offender or
 1551  sexual predator pursuant to s. 943.04354, the court must impose
 1552  the following conditions:
 1553         (a)A prohibition on visiting schools, child care
 1554  facilities, parks, and playgrounds, without prior approval from
 1555  the offender’s supervising officer. The court may also designate
 1556  additional locations to protect a victim. The prohibition
 1557  ordered under this paragraph does not prohibit the offender from
 1558  visiting a school, child care facility, park, or playground for
 1559  the sole purpose of attending a religious service as defined in
 1560  s. 775.0861, or picking up or dropping off the offender’s
 1561  children or grandchildren at a child care facility or school.
 1562         (b)A prohibition on distributing candy or other items to
 1563  children on Halloween; wearing a Santa Claus costume, or other
 1564  costume to appeal to children, on or preceding Christmas;
 1565  wearing an Easter Bunny costume, or other costume to appeal to
 1566  children, on or preceding Easter; entertaining at children’s
 1567  parties; or wearing a clown costume without prior approval from
 1568  the court.
 1569         Section 12. Section 948.31, Florida Statutes, is amended to
 1570  read:
 1571         948.31 Diagnosis, Evaluation, and treatment of sexual
 1572  predators and offenders placed on probation or community control
 1573  for certain sex offenses or child exploitation.—The court shall
 1574  require an a diagnosis and evaluation by a qualified
 1575  practitioner to determine the need of a probationer or community
 1576  controlee offender in community control for treatment. If the
 1577  court determines that a need therefor is established by the such
 1578  diagnosis and evaluation process, the court shall require sexual
 1579  offender treatment outpatient counseling as a term or condition
 1580  of probation or community control for any person who is required
 1581  to register as a sexual predator under s. 775.21 or sexual
 1582  offender under s. 943.0435, s. 944.606, or s. 944.607. was found
 1583  guilty of any of the following, or whose plea of guilty or nolo
 1584  contendere to any of the following was accepted by the court:
 1585         (1)Lewd or lascivious battery, lewd or lascivious
 1586  molestation, lewd or lascivious conduct, or lewd or lascivious
 1587  exhibition, as defined in s. 800.04 or s. 847.0135(5).
 1588         (2)Sexual battery, as defined in chapter 794, against a
 1589  child.
 1590         (3)Exploitation of a child as provided in s. 450.151, or
 1591  for prostitution.
 1592  
 1593  Such treatment counseling shall be required to be obtained from
 1594  a qualified practitioner as defined in s. 948.001. Treatment may
 1595  not be administered by a qualified practitioner who has been
 1596  convicted or adjudicated delinquent of committing, or
 1597  attempting, soliciting, or conspiring to commit, any offense
 1598  that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
 1599  impose a restriction against contact with minors if sexual
 1600  offender treatment is recommended a community mental health
 1601  center, a recognized social service agency providing mental
 1602  health services, or a private mental health professional or
 1603  through other professional counseling. The evaluation and
 1604  recommendations plan for treatment of counseling for the
 1605  probationer or community controlee individual shall be provided
 1606  to the court for review.
 1607         Section 13. Paragraph (a) of subsection (3) of section
 1608  985.481, Florida Statutes, is amended to read:
 1609         985.481 Sexual offenders adjudicated delinquent;
 1610  notification upon release.—
 1611         (3)(a) The department must provide information regarding
 1612  any sexual offender who is being released after serving a period
 1613  of residential commitment under the department for any offense,
 1614  as follows:
 1615         1. The department must provide the sexual offender’s name,
 1616  any change in the offender’s name by reason of marriage or other
 1617  legal process, and any alias, if known; the correctional
 1618  facility from which the sexual offender is released; the sexual
 1619  offender’s social security number, race, sex, date of birth,
 1620  height, weight, and hair and eye color; address of any planned
 1621  permanent residence or temporary residence, within the state or
 1622  out of state, including a rural route address and a post office
 1623  box; if no permanent or temporary address, any transient
 1624  residence within the state; address, location or description,
 1625  and dates of any known future temporary residence within the
 1626  state or out of state; date and county of disposition and each
 1627  crime for which there was a disposition; a copy of the
 1628  offender’s fingerprints and a digitized photograph taken within
 1629  60 days before release; the date of release of the sexual
 1630  offender; and home telephone number and any cellular telephone
 1631  number; and the offender’s intended residence address, if known.
 1632  The department shall notify the Department of Law Enforcement if
 1633  the sexual offender escapes, absconds, or dies. If the sexual
 1634  offender is in the custody of a private correctional facility,
 1635  the facility shall take the digitized photograph of the sexual
 1636  offender within 60 days before the sexual offender’s release and
 1637  also place it in the sexual offender’s file. If the sexual
 1638  offender is in the custody of a local jail, the custodian of the
 1639  local jail shall register the offender within 3 business days
 1640  after intake of the offender for any reason and upon release,
 1641  and shall notify the Department of Law Enforcement of the sexual
 1642  offender’s release and provide to the Department of Law
 1643  Enforcement the information specified in this subparagraph and
 1644  any information specified in subparagraph 2. which the
 1645  Department of Law Enforcement requests.
 1646         2. The department may provide any other information
 1647  considered necessary, including criminal and delinquency
 1648  records, when available.
 1649         Section 14. Paragraph (a) of subsection (4), paragraph (a)
 1650  of subsection (6), and paragraph (b) of subsection (13) of
 1651  section 985.4815, Florida Statutes, are amended to read:
 1652         985.4815 Notification to Department of Law Enforcement of
 1653  information on juvenile sexual offenders.—
 1654         (4) A sexual offender, as described in this section, who is
 1655  under the supervision of the department but who is not committed
 1656  must register with the department within 3 business days after
 1657  adjudication and disposition for a registrable offense and
 1658  otherwise provide information as required by this subsection.
 1659         (a) The sexual offender shall provide his or her name; date
 1660  of birth; social security number; race; sex; height; weight;
 1661  hair and eye color; tattoos or other identifying marks; and
 1662  permanent or legal residence and address of temporary residence
 1663  within the state or out of state while the sexual offender is in
 1664  the care or custody or under the jurisdiction or supervision of
 1665  the department in this state, including any rural route address
 1666  or post office box; if no permanent or temporary address, any
 1667  transient residence; address, location or description, and dates
 1668  of any current or known future temporary residence within the
 1669  state or out of state;, and the name and address of each school
 1670  attended. The department shall verify the address of each sexual
 1671  offender and shall report to the Department of Law Enforcement
 1672  any failure by a sexual offender to comply with registration
 1673  requirements.
 1674         (6)(a) The information provided to the Department of Law
 1675  Enforcement must include the following:
 1676         1. The information obtained from the sexual offender under
 1677  subsection (4).
 1678         2. The sexual offender’s most current address and place of
 1679  permanent, or temporary, or transient residence within the state
 1680  or out of state, and address, location or description, and dates
 1681  of any current or known future temporary residence within the
 1682  state or out of state, while the sexual offender is in the care
 1683  or custody or under the jurisdiction or supervision of the
 1684  department in this state, including the name of the county or
 1685  municipality in which the offender permanently or temporarily
 1686  resides, or has a transient residence, and address, location or
 1687  description, and dates of any current or known future temporary
 1688  residence within the state or out of state; and, if known, the
 1689  intended place of permanent, or temporary, or transient
 1690  residence, and address, location or description, and dates of
 1691  any current or known future temporary residence within the state
 1692  or out of state upon satisfaction of all sanctions.
 1693         3. The legal status of the sexual offender and the
 1694  scheduled termination date of that legal status.
 1695         4. The location of, and local telephone number for, any
 1696  department office that is responsible for supervising the sexual
 1697  offender.
 1698         5. An indication of whether the victim of the offense that
 1699  resulted in the offender’s status as a sexual offender was a
 1700  minor.
 1701         6. The offense or offenses at adjudication and disposition
 1702  that resulted in the determination of the offender’s status as a
 1703  sex offender.
 1704         7. A digitized photograph of the sexual offender, which
 1705  must have been taken within 60 days before the offender was
 1706  released from the custody of the department or a private
 1707  correctional facility by expiration of sentence under s.
 1708  944.275, or within 60 days after the onset of the department’s
 1709  supervision of any sexual offender who is on probation,
 1710  postcommitment probation, residential commitment, nonresidential
 1711  commitment, licensed child-caring commitment, community control,
 1712  conditional release, parole, provisional release, or control
 1713  release or who is supervised by the department under the
 1714  Interstate Compact Agreement for Probationers and Parolees. If
 1715  the sexual offender is in the custody of a private correctional
 1716  facility, the facility shall take a digitized photograph of the
 1717  sexual offender within the time period provided in this
 1718  subparagraph and shall provide the photograph to the department.
 1719         (13)
 1720         (b) The sheriff’s office may determine the appropriate
 1721  times and days for reporting by the sexual offender, which shall
 1722  be consistent with the reporting requirements of this
 1723  subsection. Reregistration shall include any changes to the
 1724  following information:
 1725         1. Name; social security number; age; race; sex; date of
 1726  birth; height; weight; hair and eye color; address of any
 1727  permanent residence and address of any current temporary
 1728  residence, within the state or out of state, including a rural
 1729  route address and a post office box; if no permanent or
 1730  temporary address, any transient residence; address, location or
 1731  description, and dates of any current or known future temporary
 1732  residence within the state or out of state; name and address of
 1733  each school attended; date and place of any employment; vehicle
 1734  make, model, color, and license tag number; fingerprints; and
 1735  photograph. A post office box shall not be provided in lieu of a
 1736  physical residential address.
 1737         2. If the sexual offender is enrolled, employed, or
 1738  carrying on a vocation at an institution of higher education in
 1739  this state, the sexual offender shall also provide to the
 1740  department the name, address, and county of each institution,
 1741  including each campus attended, and the sexual offender’s
 1742  enrollment or employment status.
 1743         3. If the sexual offender’s place of residence is a motor
 1744  vehicle, trailer, mobile home, or manufactured home, as defined
 1745  in chapter 320, the sexual offender shall also provide the
 1746  vehicle identification number; the license tag number; the
 1747  registration number; and a description, including color scheme,
 1748  of the motor vehicle, trailer, mobile home, or manufactured
 1749  home. If the sexual offender’s place of residence is a vessel,
 1750  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1751  sexual offender shall also provide the hull identification
 1752  number; the manufacturer’s serial number; the name of the
 1753  vessel, live-aboard vessel, or houseboat; the registration
 1754  number; and a description, including color scheme, of the
 1755  vessel, live-aboard vessel, or houseboat.
 1756         4. Any sexual offender who fails to report in person as
 1757  required at the sheriff’s office, or who fails to respond to any
 1758  address verification correspondence from the department within 3
 1759  weeks after the date of the correspondence, commits a felony of
 1760  the third degree, punishable as provided in ss. 775.082,
 1761  775.083, and 775.084.
 1762         Section 15. The Legislature intends that nothing in this
 1763  act reduce or diminish a court’s jurisdiction.
 1764         Section 16. If any provision of this act or its application
 1765  to any person or circumstance is held invalid, the invalidity
 1766  does not affect other provisions or applications of this act
 1767  which can be given effect without the invalid provision or
 1768  application, and to this end the provisions of this act are
 1769  severable.
 1770         Section 17. This act shall take effect upon becoming a law.