Florida Senate - 2019                                    SB 1626
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01747-19                                           20191626__
    1                        A bill to be entitled                      
    2         An act relating to protecting the public security;
    3         creating s. 775.216, F.S.; defining terms; prohibiting
    4         persons convicted of certain sexual offenses from
    5         performing unsupervised work in specified locations;
    6         providing criminal penalties; providing an effective
    7         date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 775.216, Florida Statutes, is created to
   12  read:
   13         775.216 Work restriction for persons convicted of certain
   14  sex offenses.—
   15         (1)(a) The definitions contained in s. 775.215 apply to
   16  this section.
   17         (b) As used in this section, the terms “dwelling unit” and
   18  “premises” have the same meanings as in s. 83.43.
   19         (2)(a) A person who has been convicted of a violation of s.
   20  794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
   21  in which the victim of the offense was less than 16 years of
   22  age, may not perform any unsupervised remunerated or voluntary
   23  work at any dwelling unit, premises, school, child care
   24  facility, park, or playground.
   25         (b) A person who violates this subsection and whose
   26  conviction under s. 794.011, s. 800.04, s. 827.071, s.
   27  847.0135(5), or s. 847.0145 was classified as a felony of the
   28  first degree or higher commits a felony of the third degree,
   29  punishable as provided in s. 775.082 or s. 775.083. A person who
   30  violates this subsection and whose conviction under s. 794.011,
   31  s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was
   32  classified as a felony of the second or third degree commits a
   33  misdemeanor of the first degree, punishable as provided in s.
   34  775.082 or s. 775.083.
   35         (c) This subsection applies to any person convicted of a
   36  violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),
   37  or s. 847.0145 for offenses that occur on or after October 1,
   38  2019, excluding persons who have been removed from the
   39  requirement to register as a sexual offender or sexual predator
   40  pursuant to s. 943.04354.
   41         (3)(a) A person who has been convicted of an offense in
   42  another jurisdiction that is similar to a violation of s.
   43  794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
   44  regardless of whether adjudication has been withheld, in which
   45  the victim of the offense was less than 16 years of age, may not
   46  perform any remunerated or voluntary work at any dwelling unit,
   47  premises, school, child care facility, park, or playground.
   48         (b) A person who violates this subsection and whose
   49  conviction in another jurisdiction resulted in a penalty that is
   50  substantially similar to a felony of the first degree or higher
   51  commits a felony of the third degree, punishable as provided in
   52  s. 775.082 or s. 775.083. A person who violates this subsection
   53  and whose conviction in another jurisdiction resulted in a
   54  penalty that is substantially similar to a felony of the second
   55  or third degree commits a misdemeanor of the first degree,
   56  punishable as provided in s. 775.082 or s. 775.083.
   57         (c) This subsection applies to any person convicted of an
   58  offense in another jurisdiction that is similar to a violation
   59  of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
   60  847.0145 if such offense occurred on or after October 1, 2019,
   61  excluding persons who have been removed from the requirement to
   62  register as a sexual offender or sexual predator pursuant to s.
   63  943.04354.
   64         Section 2. This act shall take effect October 1, 2019.