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:
79 856.022 Loitering 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:
529 775.215 794.065 Residency 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.