Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 212
Ì275394EÎ275394
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2026 .
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The Committee on Rules (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 (e), a new paragraph (d) is added to that subsection, subsection
8 (4) is added to that section, and paragraph (c) of subsection
9 (2) and paragraph (c) of subsection (3) of that section are
10 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 swimming pool” means a structure that is
15 located either indoors or outdoors and used for recreational
16 bathing or swimming by humans. The term includes a conventional
17 pool, spa-type pool, wading pool, special purpose pool, spray
18 pool, splash pad, or other water recreation attraction, to which
19 admission may be gained with or without payment of a fee,
20 regardless of whether entry to the swimming pool is limited by a
21 gate or other method of controlling access. The term includes
22 swimming pools operated by or serving subdivisions, apartments,
23 condominiums, mobile home parks, or townhouses, or any pool
24 operated by a governmental entity which is held open to the
25 public. The term does not include a swimming pool at a private
26 single-family residence, hotel, motel, or recreational vehicle
27 park, or a swimming pool where the operator prohibits the use of
28 such pool by persons younger than 18 years of age.
29 (2)
30 (c) This subsection applies to any person convicted of a
31 violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),
32 or s. 847.0145 for offenses that occurred occur on or after
33 October 1, 2004, and before July 1, 2026, excluding persons who
34 have been removed from the requirement to register as a sexual
35 offender or sexual predator pursuant to s. 943.04354.
36 (3)
37 (c) This subsection applies to any person convicted of an
38 offense in another jurisdiction that is similar to a violation
39 of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
40 847.0145 if such offense occurred on or after May 26, 2010, and
41 before July 1, 2026, excluding persons who have been removed
42 from the requirement to register as a sexual offender or sexual
43 predator pursuant to s. 943.04354.
44 (4)(a) A person who has been convicted of a violation of s.
45 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
46 regardless of whether adjudication has been withheld, in which
47 the victim was less than 16 years of age at the time of the
48 offense, or who has been convicted of a similar offense in
49 another jurisdiction, regardless of whether adjudication has
50 been withheld, in which the victim was less than 16 years of age
51 at the time of the offense, may not reside within 1,000 feet of
52 any school, child care facility, park, playground, or public
53 swimming pool. However, a person does not violate this
54 subsection and may not be forced to relocate if he or she is
55 living in a residence that meets the requirements of this
56 subsection and a school, child care facility, park, playground,
57 or public swimming pool is subsequently established within 1,000
58 feet of his or her residence.
59 (b) A person who violates this subsection and whose
60 conviction under s. 794.011, s. 800.04, s. 827.071, s.
61 847.0135(5), or s. 847.0145 was classified as a felony of the
62 first degree or higher or whose conviction in another
63 jurisdiction resulted in a penalty that is substantially similar
64 to a felony of the first degree or higher commits a felony of
65 the third degree, punishable as provided in s. 775.082, s.
66 775.083, or s. 775.084. A person who violates this subsection
67 and whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
68 847.0135(5), or s. 847.0145 was classified as a felony of the
69 second or third degree or whose conviction in another
70 jurisdiction was substantially similar to a felony of the second
71 or third degree commits a misdemeanor of the first degree,
72 punishable as provided in s. 775.082 or s. 775.083.
73 (c) This subsection applies to:
74 1. Any person convicted of a violation described in
75 paragraph (a) for offenses that occur on or after July 1, 2026,
76 excluding persons who have been removed from the requirement to
77 register as a sexual offender or sexual predator pursuant to s.
78 943.04354.
79 2. Any person who is subject to the residency restrictions
80 in subsection (2) or subsection (3) who changes his or her
81 permanent residence, as that term is defined in s. 775.21(2), on
82 or after July 1, 2026.
83 Section 2. Section 856.022, Florida Statutes, is amended to
84 read:
85 856.022 Loitering or prowling by certain offenders in close
86 proximity to children; prohibition on contact or communication
87 with children in certain locations; penalty.—
88 (1) Except as provided in subsection (2), this section
89 applies to a person convicted of committing, or attempting,
90 soliciting, or conspiring to commit, any of the criminal
91 offenses proscribed in the following statutes in this state or
92 similar offenses in another jurisdiction against a victim who
93 was younger than under 18 years of age at the time of the
94 offense: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the
95 victim is a minor; s. 787.06(3)(g); s. 794.011, excluding s.
96 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
97 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
98 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
99 s. 985.701(1); or any similar offense committed in this state
100 which has been redesignated from a former statute number to one
101 of those listed in this subsection, if the person has not
102 received a pardon for any felony or similar law of another
103 jurisdiction necessary for the operation of this subsection and
104 a conviction of a felony or similar law of another jurisdiction
105 necessary for the operation of this subsection has not been set
106 aside in any postconviction proceeding.
107 (2) This section does not apply to a person who has been
108 removed from the requirement to register as a sexual offender or
109 sexual predator pursuant to s. 943.04354.
110 (3) A person described in subsection (1) commits loitering
111 and prowling by a person convicted of a sexual offense against a
112 minor if, in committing loitering and prowling, he or she was
113 within 500 300 feet of a place where children were congregating.
114 (4)(a) It is unlawful for a person described in subsection
115 (1) to knowingly approach, contact, or communicate with, or
116 approach with the intent to contact or communicate with a person
117 younger than child under 18 years of age in any public park
118 building or on real property comprising any public park, or
119 playground, or public swimming pool. This subsection does not
120 prohibit a person from contacting, communicating with, or
121 approaching with the intent to contact or communicate with, a
122 person younger than 18 years of age if such person is his or her
123 family or household member as defined in s. 741.28 with the
124 intent to engage in conduct of a sexual nature or to make a
125 communication of any type with any content of a sexual nature.
126 This paragraph applies only to a person described in subsection
127 (1) whose offense was committed on or after May 26, 2010.
128 (b) It is unlawful for a person described in subsection (1)
129 to knowingly be present in any child care facility or school
130 containing any students in prekindergarten through grade 12 or
131 on real property comprising any child care facility or school
132 containing any students in prekindergarten through grade 12 when
133 the child care facility or school is in operation, if such
134 person fails to:
135 1. Provide written notification of his or her intent to be
136 present to the school board, superintendent, principal, or child
137 care facility owner that he or she has a conviction specified in
138 subsection (1) and that he or she intends to be present at the
139 school or child care facility;
140 2. Notify the child care facility owner or the school
141 principal’s office when he or she arrives and departs the child
142 care facility or school; and or
143 3. Remain under direct supervision of a school official or
144 designated chaperone when present in the vicinity of children.
145 As used in this paragraph, the term “school official” means a
146 principal, a school resource officer, a teacher or any other
147 employee of the school, the superintendent of schools, a member
148 of the school board, a child care facility owner, or a child
149 care provider.
150 (c) A person is not in violation of paragraph (b) if:
151 1. The child care facility or school is a voting location
152 and the person is present for the purpose of voting during the
153 hours designated for voting; or
154 2. The person is a parent, grandparent, or legal guardian
155 who is only dropping off or picking up his or her child or
156 grandchild own children or grandchildren at the child care
157 facility or school; or
158 3. The person is attending a religious service as defined
159 in s. 775.0861.
160 (5) A Any person who violates this section commits a
161 misdemeanor of the first degree, punishable as provided in s.
162 775.082 or s. 775.083.
163 (6) As used in this section, the term:
164 (a) “Child care facility” has the same meaning s. 402.302.
165 (b) “Park” has the same meaning as in s. 775.215(1).
166 (c) “Playground” has the same meaning as in s. 775.215(1).
167 (d) “Public swimming pool” means a structure which is
168 located either indoors or outdoors and used for recreational
169 bathing or swimming by humans, including the area immediately
170 surrounding the structure. The term includes a conventional
171 pool, spa-type pool, wading pool, special purpose pool, spray
172 pool, splash pad, or other water recreation attraction, to which
173 admission may be gained with or without payment of a fee,
174 regardless of whether entry to the swimming pool is limited by a
175 gate or other method of controlling access. The term also
176 includes, but is not limited to, pools operated by or serving
177 camps, churches, governmental entities, day care centers, parks,
178 schools, subdivisions, apartments, condominiums, hotels, motels,
179 mobile home parks, recreational vehicle parks, and townhouses.
180 The term does not include a swimming pool at a private single
181 family residence or a swimming pool where the operator prohibits
182 the use of such pool by persons younger than 18 years of age.
183 (e) “School” has the same meaning as in s. 775.215(1).
184 Section 3. Paragraphs (h) and (i) are added to subsection
185 (9) of section 901.15, Florida Statutes, to read:
186 901.15 When arrest by officer without warrant is lawful.—A
187 law enforcement officer may arrest a person without a warrant
188 when:
189 (9) There is probable cause to believe that the person has
190 committed:
191 (h) A violation of s. 856.022(4)(a) by knowingly
192 contacting, communicating with, or approaching with the intent
193 to contact or communicate with, a person younger than 18 years
194 of age in any park building or on real property comprising any
195 park, playground, or public swimming pool.
196 (i) A violation of s. 856.022(4)(b) by knowingly being
197 present in any child care facility or school containing students
198 in prekindergarten through grade 12 or on real property
199 comprising a child care facility or school containing any
200 students in prekindergarten through grade 12 when the child care
201 facility or school is in operation.
202 Section 4. Section 943.04351, Florida Statutes, is amended
203 to read:
204 943.04351 Search of registration information regarding
205 sexual predators and sexual offenders required before
206 appointment or employment.—A state agency or governmental
207 subdivision, before making any decision to appoint or employ a
208 person to work, whether for compensation or as a volunteer, at
209 any park, playground, public swimming pool, child care facility
210 day care center, or other place where children regularly
211 congregate, must conduct a search of that person’s name or other
212 identifying information against the registration information
213 regarding sexual predators and sexual offenders through the Dru
214 Sjodin National Sexual Offender Public Website maintained by the
215 United States Department of Justice. If for any reason that site
216 is not available, a search of the registration information
217 regarding sexual predators and sexual offenders maintained by
218 the Department of Law Enforcement under s. 943.043 must shall be
219 performed. This section does not apply to those positions or
220 appointments within a state agency or governmental subdivision
221 for which a state and national criminal history background check
222 is conducted.
223 Section 5. Subsections (15) and (16) are added to section
224 947.1405, Florida Statutes, to read:
225 947.1405 Conditional release program.—
226 (15) Effective for a releasee who is convicted of a crime
227 committed on or after July 1, 2026, or who has been previously
228 convicted of a crime committed on or after July 1, 2026, in
229 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
230 or s. 847.0145, against a victim who was younger than 18 years
231 of age at the time of the offense, in addition to any other
232 provision of this section, the commission shall impose the
233 following conditions:
234 (a) A prohibition on living within 1,000 feet of any public
235 swimming pool, as defined in s. 775.215. A releasee who is
236 subject to this paragraph may not be forced to relocate and does
237 not violate his or her conditional release supervision if he or
238 she is living in a residence that meets the requirements of this
239 paragraph and a public swimming pool is subsequently established
240 within 1,000 feet of his or her residence.
241 (b) A prohibition on working for pay or as a volunteer at
242 any public swimming pool.
243 (16) In addition to all other conditions imposed, for a
244 releasee who is subject to conditional release for a crime that
245 was committed on or after July 1, 2026, and who has been
246 convicted at any time of committing, or attempting, soliciting,
247 or conspiring to commit, any of the criminal offenses listed in
248 s. 943.0435(1)(h)1.a.(I), or a similar offense in another
249 jurisdiction against a victim who was younger than 18 years of
250 age at the time of the offense, if the releasee has not received
251 a pardon for any felony or similar law of another jurisdiction
252 necessary for the operation of this subsection, if a conviction
253 of a felony or similar law of another jurisdiction necessary for
254 the operation of this subsection has not been set aside in any
255 postconviction proceeding, or if the releasee has not been
256 removed from the requirement to register as a sexual offender or
257 sexual predator pursuant to s. 943.04354, the commission must
258 impose a condition prohibiting the releasee from visiting a
259 public swimming pool, as defined in s. 856.022(6), without prior
260 approval from his or her supervising officer.
261 Section 6. Subsections (6) and (7) are added to section
262 948.30, Florida Statutes, to read:
263 948.30 Additional terms and conditions of probation or
264 community control for certain sex offenses.—Conditions imposed
265 pursuant to this section do not require oral pronouncement at
266 the time of sentencing and shall be considered standard
267 conditions of probation or community control for offenders
268 specified in this section.
269 (6) In addition to all other conditions imposed, for a
270 probationer or community controllee whose crime was committed on
271 or after July 1, 2026, and who is placed on supervision for
272 committing, or attempting, soliciting, or conspiring to commit,
273 a violation of s. 787.06(3)(b), (d), (f), or (g); chapter 794;
274 s. 800.04; s. 827.071; s. 847.0135(5); or s. 847.0145 against a
275 victim who was younger than 18 years of age at the time of the
276 offense, the court must impose the following conditions:
277 (a) A prohibition on living within 1,000 feet of any public
278 swimming pool, as defined in s. 775.215. A probationer or
279 community controllee who is subject to this paragraph may not be
280 forced to relocate and does not violate his or her probation or
281 community control if he or she is living in a residence that
282 meets the requirements of this paragraph and a public swimming
283 pool is subsequently established within 1,000 feet of his or her
284 residence.
285 (b) A prohibition on working for pay or as a volunteer at
286 any public swimming pool.
287 (7) In addition to all other conditions imposed, for a
288 probationer or community controllee who is subject to
289 supervision for a crime that was committed on or after July 1,
290 2026, and who has been convicted at any time of committing, or
291 attempting, soliciting, or conspiring to commit, any of the
292 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
293 similar offense in another jurisdiction, against a victim who
294 was younger than 18 years of age at the time of the offense, if
295 the offender has not received a pardon for any felony or similar
296 law of another jurisdiction necessary for the operation of this
297 subsection, if a conviction of a felony or similar law of
298 another jurisdiction necessary for the operation of this
299 subsection has not been set aside in any postconviction
300 proceeding, or if the offender has not been removed from the
301 requirement to register as a sexual offender or sexual predator
302 pursuant to s. 943.04354, the court must impose a condition
303 prohibiting the probationer or community controlee from visiting
304 a public swimming pool, as defined in s. 856.022(6), without
305 prior approval from his or her supervising officer.
306 Section 7. This act shall take effect July 1, 2026.
307
308 ================= T I T L E A M E N D M E N T ================
309 And the title is amended as follows:
310 Delete everything before the enacting clause
311 and insert:
312 A bill to be entitled
313 An act relating to sexual offenders and sexual
314 predators; amending s. 775.215, F.S.; defining the
315 term “public swimming pool”; revising residency
316 restrictions for persons convicted of certain sexual
317 offenses occurring on or after a specified date;
318 providing penalties; providing applicability; amending
319 s. 856.022, F.S.; revising the prohibition of
320 specified offenders from coming within a specified
321 distance of a place where children congregate;
322 prohibiting certain persons from contacting,
323 communicating with, or knowingly approaching with the
324 intent to contact or communicate with certain persons
325 at certain locations; providing an exception;
326 requiring a person who has been convicted of specified
327 offenses to provide notice to a school or child care
328 facility under certain circumstances; defining terms;
329 amending s. 901.15, F.S.; authorizing the warrantless
330 arrest of a person if a law enforcement officer has
331 probable cause to believe the person committed
332 specified offenses; amending s. 943.04351, F.S.;
333 revising requirements for state agencies or
334 governmental subdivisions to search before appointing
335 or employing a person to work at specified locations;
336 amending s. 947.1405, F.S.; revising special
337 conditions for certain sexual offenders subject to
338 conditional release supervision for offenses committed
339 on or after a specified date; amending s. 948.30,
340 F.S.; revising conditions of probation or community
341 control for certain sexual offenders for offenses
342 committed on or after a specified date; providing an
343 effective date.