Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 212
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/20/2026 .
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The Committee on Criminal Justice (McClain) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraph (d) of subsection (1) of
6 section 775.215, Florida Statutes, is redesignated as paragraph
7 (f), a new paragraph (d) and paragraph (e) are added to that
8 subsection, subsection (4) is added to that section, and
9 paragraph (c) of subsection (2) and paragraph (c) of subsection
10 (3) of that section are amended, to read:
11 775.215 Residency restriction for persons convicted of
12 certain sex offenses.—
13 (1) As used in this section, the term:
14 (d) “Public bathing place” means a body of water, natural
15 or modified by humans, that is regularly used by the public for
16 swimming, diving, or recreational bathing with the consent of
17 the owner or owners and that is held out to the public by any
18 person or public body as being available for such use,
19 irrespective of whether a fee is charged for the use thereof.
20 The term includes the shoreline or land area immediately
21 adjacent to the public bathing place, as well as any buildings
22 on such property.
23 (e) “Public swimming pool” means a watertight structure of
24 concrete, masonry, or other approved materials which is located
25 either indoors or outdoors, used for bathing or swimming by
26 humans, and filled with a filtered and disinfected water supply,
27 together with buildings, appurtenances, and equipment used in
28 connection therewith. A public swimming pool means a
29 conventional pool, spa-type pool, wading pool, special purpose
30 pool, spray pool, splash pad, or water recreation attraction, to
31 which admission may be gained with or without payment of a fee,
32 regardless of whether entry to the public swimming pool is
33 limited by a gate or other method of controlling access. The
34 term includes, but is not limited to, pools operated by or
35 serving camps, churches, cities, counties, day care centers,
36 parks, state agencies, schools, subdivisions, apartments,
37 hotels, motels, mobile home parks, recreational vehicle parks,
38 and townhouses. The term does not include a swimming pool at a
39 private single-family residence or a swimming pool at a facility
40 where the operator prohibits the use of such pool by persons
41 under 18 years of age.
42 (2)
43 (c) This subsection applies to any person convicted of a
44 violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),
45 or s. 847.0145 for offenses that occurred occur on or after
46 October 1, 2004, and before July 1, 2026, excluding persons who
47 have been removed from the requirement to register as a sexual
48 offender or sexual predator pursuant to s. 943.04354.
49 (3)
50 (c) This subsection applies to any person convicted of an
51 offense in another jurisdiction that is similar to a violation
52 of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
53 847.0145 if such offense occurred on or after May 26, 2010, and
54 before July 1, 2026, excluding persons who have been removed
55 from the requirement to register as a sexual offender or sexual
56 predator pursuant to s. 943.04354.
57 (4)(a) A person who has been convicted of a violation of s.
58 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
59 regardless of whether adjudication has been withheld, in which
60 the victim was younger than 16 years of age at the time of the
61 offense, or who has been convicted of a similar offense in
62 another jurisdiction, regardless of whether adjudication has
63 been withheld, in which the victim was younger than 16 years of
64 age at the time of the offense, may not reside within 1,000 feet
65 of any school, child care facility, park, public swimming pool,
66 public bathing place, or playground. However, a person does not
67 violate this subsection and may not be forced to relocate if he
68 or she is living in a residence that meets the requirements of
69 this subsection and a school, child care facility, park, public
70 swimming pool, public bathing place, or playground is
71 subsequently established within 1,000 feet of his or her
72 residence.
73 (b) A person who violates this subsection and whose
74 conviction under s. 794.011, s. 800.04, s. 827.071, s.
75 847.0135(5), or s. 847.0145 was classified as a felony of the
76 first degree or higher or whose conviction in another
77 jurisdiction resulted in a penalty that is substantially similar
78 to a felony of the first degree or higher commits a felony of
79 the third degree, punishable as provided in s. 775.082, s.
80 775.083, or s. 775.084. A person who violates this subsection
81 and whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
82 847.0135(5), or s. 847.0145 was classified as a felony of the
83 second or third degree or whose conviction in another
84 jurisdiction was substantially similar to a felony of the second
85 or third degree commits a misdemeanor of the first degree,
86 punishable as provided in s. 775.082 or s. 775.083.
87 (c) This subsection applies to:
88 1. A person convicted of a violation described in paragraph
89 (a) for offenses that occurred on or after July 1, 2026,
90 excluding persons who have been removed from the requirement to
91 register as a sexual offender or sexual predator pursuant to s.
92 943.04354.
93 2. A person who is subject to the residency restrictions in
94 subsection (2) or subsection (3) who changes his or her place of
95 residence on or after July 1, 2026.
96 Section 2. Section 775.216, Florida Statutes, is created to
97 read:
98 775.216 Restricted locations for persons convicted of
99 certain sex offenses.—
100 (1) As used in this section, the term:
101 (a) “Child care facility” has the same meaning as in s.
102 402.302.
103 (b) “Park,” “playground,” “public bathing place,” “public
104 swimming pool,” or “school” has the same meanings as in s.
105 775.215.
106 (2) A person who has been convicted of a violation of s.
107 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
108 regardless of whether adjudication has been withheld, in which
109 the victim was less than 16 years of age at the time of the
110 offense, or who has been convicted of a similar offense in
111 another jurisdiction, regardless of whether adjudication has
112 been withheld, in which the victim was less than 16 years of age
113 at the time of the offense, may not visit or otherwise be within
114 200 feet of any school, child care facility, park, public
115 swimming pool, public bathing place, or playground.
116 (3) A person who violates this section commits a
117 misdemeanor of the first degree, punishable as provided in s.
118 775.082 or s. 775.083.
119 (4) This section does not apply to a person who:
120 (a) Has been removed from the requirement to register as a
121 sexual offender or sexual predator under s. 943.04354.
122 (b) Is actively traveling past a location described in
123 subsection (1) while in transit to another destination.
124 (c) Is dropping off or picking up his or her child or
125 grandchild from a child care facility or school, or is visiting
126 his or her child’s or grandchild’s child care facility or
127 school, subject to the requirements in s. 856.022(4)(b).
128 (d) Is visiting or otherwise within 200 feet of a location
129 described in subsection (1) for the sole purpose of:
130 1. Attending a religious service as defined in s. 775.0861.
131 2. Voting, if such person is present during the hours
132 designated for voting.
133 3. Conducting official business at a local, state, or
134 federal government building.
135 Section 3. Paragraph (b) of subsection (4) of section
136 856.022, Florida Statutes, is amended to read:
137 856.022 Loitering or prowling by certain offenders in close
138 proximity to children; penalty.—
139 (4)
140 (b) It is unlawful for a person described in subsection (1)
141 to knowingly be present in any child care facility or school
142 containing any students in prekindergarten through grade 12 or
143 on real property comprising any child care facility or school
144 containing any students in prekindergarten through grade 12 when
145 the child care facility or school is in operation, if such
146 person fails to:
147 1. Provide written notification that he or she is a sexual
148 offender or sexual predator of his or her intent to be present
149 to the school board, superintendent, principal, or child care
150 facility owner and that he or she intends to be present at the
151 school or child care facility;
152 2. Notify the child care facility owner or the school
153 principal’s office when he or she arrives and departs the child
154 care facility or school; or
155 3. Remain under direct supervision of a school official or
156 designated chaperone when present in the vicinity of children.
157 As used in this paragraph, the term “school official” means a
158 principal, a school resource officer, a teacher or any other
159 employee of the school, the superintendent of schools, a member
160 of the school board, a child care facility owner, or a child
161 care provider.
162 Section 4. Paragraph (h) is added to subsection (9) of
163 section 901.15, Florida Statutes, to read:
164 901.15 When arrest by officer without warrant is lawful.—A
165 law enforcement officer may arrest a person without a warrant
166 when:
167 (9) There is probable cause to believe that the person has
168 committed:
169 (h) A violation of s. 775.216 by visiting or otherwise
170 being within 200 feet of a school, child care facility, park,
171 public swimming pool, public bathing place, or playground after
172 he or she was convicted of committing specified sexual offenses
173 against a victim who was under 16 at the time of the offense.
174 Section 5. Section 943.04351, Florida Statutes, is amended
175 to read:
176 943.04351 Search of registration information regarding
177 sexual predators and sexual offenders required before
178 appointment or employment.—A state agency or governmental
179 subdivision, before making any decision to appoint or employ a
180 person to work, whether for compensation or as a volunteer, at
181 any park, playground, public swimming pool, public bathing
182 place, child care facility day care center, or other place where
183 children regularly congregate, must conduct a search of that
184 person’s name or other identifying information against the
185 registration information regarding sexual predators and sexual
186 offenders through the Dru Sjodin National Sexual Offender Public
187 Website maintained by the United States Department of Justice.
188 If for any reason that site is not available, a search of the
189 registration information regarding sexual predators and sexual
190 offenders maintained by the Department of Law Enforcement under
191 s. 943.043 shall be performed. This section does not apply to
192 those positions or appointments within a state agency or
193 governmental subdivision for which a state and national criminal
194 history background check is conducted.
195 Section 6. Present subsections (10) through (15) of section
196 947.005, Florida Statutes, are redesignated as subsections (12)
197 through (17), respectively, and new subsections (10) and (11)
198 are added to that section, to read:
199 947.005 Definitions.—As used in this chapter, unless the
200 context clearly indicates otherwise:
201 (10) “Public bathing place” has the same meaning as
202 provided in s. 775.215.
203 (11) “Public swimming pool” has the same meaning as
204 provided in s. 775.215.
205 Section 7. Subsections (15) and (16) are added to section
206 947.1405, Florida Statutes, to read:
207 947.1405 Conditional release program.—
208 (15) Effective for a releasee who is convicted of a crime
209 committed on or after July 1, 2026, or who has been previously
210 convicted of a crime committed on or after July 1, 2026, in
211 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
212 or s. 847.0145, against a victim who was under 18 years of age
213 at the time of the offense, in addition to any other provision
214 of this section, the commission shall impose the following
215 conditions:
216 (a) A prohibition on living within 1,000 feet of any public
217 swimming pool or public bathing place. A releasee who is subject
218 to this paragraph may not be forced to relocate and does not
219 violate his or her conditional release supervision if he or she
220 is living in a residence that meets the requirements of this
221 paragraph and a public swimming pool or public bathing place is
222 subsequently established within 1,000 feet of his or her
223 residence.
224 (b) A prohibition on working for pay or as a volunteer at
225 any public swimming pool or public bathing place.
226 (16) In addition to all other conditions imposed, for a
227 releasee who is subject to conditional release for a crime that
228 is committed on or after July 1, 2026, and who has been
229 convicted at any time of committing, or attempting, soliciting,
230 or conspiring to commit, any of the criminal offenses listed in
231 s. 943.0435(1)(h)1.a.(I), or a similar offense in another
232 jurisdiction, against a victim who was under 18 years of age at
233 the time of the offense, if the releasee has not received a
234 pardon for any felony or similar violation of law of another
235 jurisdiction necessary for the operation of this subsection, if
236 a conviction of a felony or similar violation of law of another
237 jurisdiction necessary for the operation of this subsection has
238 not been set aside in any postconviction proceeding, or if the
239 releasee has not been removed from the requirement to register
240 as a sexual offender or sexual predator pursuant to s.
241 943.04354, the commission must impose a condition prohibiting
242 the releasee from visiting a public swimming pool or public
243 bathing place without prior approval from his or her supervising
244 officer.
245 Section 8. Present subsections (9) through (13) of section
246 948.001, Florida Statutes, are redesignated as subsections (11)
247 through (15), respectively, and new subsections (9) and (10) are
248 added to that section, to read:
249 948.001 Definitions.—As used in this chapter, the term:
250 (9) “Public bathing place” has the same meaning as provided
251 in s. 775.215.
252 (10) “Public swimming pool” has the same meaning as
253 provided in s. 775.215.
254 Section 9. Subsections (6) and (7) are added to section
255 948.30, Florida Statutes, to read:
256 948.30 Additional terms and conditions of probation or
257 community control for certain sex offenses.—Conditions imposed
258 pursuant to this section do not require oral pronouncement at
259 the time of sentencing and shall be considered standard
260 conditions of probation or community control for offenders
261 specified in this section.
262 (6) In addition to all other conditions imposed, for a
263 probationer or community controllee whose crime is committed on
264 or after July 1, 2026, and who is placed on supervision for
265 committing, or attempting, soliciting, or conspiring to commit,
266 a violation of s. 787.06(3)(b), (d), (f), or (g); chapter 794;
267 s. 800.04; s. 827.071; s. 847.0135(5); or s. 847.0145 against a
268 victim who was under 18 years of age at the time of the offense,
269 the court shall impose the following conditions:
270 (a) A prohibition on living within 1,000 feet of any public
271 swimming pool or public bathing place. A probationer or
272 community controllee who is subject to this paragraph may not be
273 forced to relocate and does not violate his or her probation or
274 community control if he or she is living in a residence that
275 meets the requirements of this paragraph and a public swimming
276 pool or public bathing place is subsequently established within
277 1,000 feet of his or her residence.
278 (b) A prohibition on working for pay or as a volunteer at
279 any public swimming pool or public bathing place.
280 (7) In addition to all other conditions imposed, for a
281 probationer or community controllee who is subject to
282 supervision for a crime that is committed on or after July 1,
283 2026, and who has been convicted at any time of committing, or
284 attempting, soliciting, or conspiring to commit, any of the
285 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
286 similar offense in another jurisdiction, against a victim who
287 was under the age of 18 at the time of the offense, if the
288 offender has not received a pardon for any felony or similar
289 violation of law of another jurisdiction necessary for the
290 operation of this subsection, if a conviction of a felony or
291 similar violation of law of another jurisdiction necessary for
292 the operation of this subsection has not been set aside in any
293 postconviction proceeding, or if the offender has not been
294 removed from the requirement to register as a sexual offender or
295 sexual predator pursuant to s. 943.04354, the court must impose
296 a condition prohibiting the probationer or community controllee
297 from visiting a public swimming pool or public bathing place
298 without prior approval from his or her supervising officer.
299 Section 10. This act shall take effect July 1, 2026.
300
301 ================= T I T L E A M E N D M E N T ================
302 And the title is amended as follows:
303 Delete everything before the enacting clause
304 and insert:
305 A bill to be entitled
306 An act relating to sexual offenders and sexual
307 predators; amending s. 775.215, F.S.; defining the
308 terms “public bathing place” and “public swimming
309 pool”; revising residency restrictions for persons
310 convicted of certain sexual offenses; providing
311 penalties; providing applicability; creating s.
312 775.216, F.S.; defining terms; prohibiting persons
313 convicted of certain sexual offenses from visiting or
314 otherwise being within 200 feet of specified
315 locations; providing penalties; providing exceptions;
316 amending s. 856.022, F.S.; requiring a sexual offender
317 or sexual predator to notify a school or child care
318 facility of his or her status in certain
319 circumstances; amending s. 901.15, F.S.; authorizing
320 the warrantless arrest of a person if a law
321 enforcement officer has probable cause to believe the
322 person visited or was within 200 feet of specified
323 prohibited locations after he or she was previously
324 convicted of committing specified sexual offenses
325 against a victim under 16; amending s. 943.04351,
326 F.S.; revising requirements for a search of sexual
327 predator or sexual offender registration information
328 by a state agency or governmental subdivision before
329 appointing or employing a person to work at specified
330 locations; amending s. 947.005, F.S.; defining the
331 terms “public bathing place” and “public swimming
332 pool”; amending s. 947.1405, F.S.; revising special
333 conditions for certain sexual offenders subject to
334 conditional release supervision for offenses committed
335 on or after a specified date; amending s. 948.001,
336 F.S.; defining the terms “public bathing place” and
337 “public swimming pool”; amending s. 948.30, F.S.;
338 revising conditions of probation or community control
339 for certain sexual offenders for offenses committed on
340 or after a specified date; providing an effective
341 date.