Florida Senate - 2026 SB 212
By Senator McClain
9-00401-26 2026212__
1 A bill to be entitled
2 An act relating to sexual offenders and sexual
3 predators; amending s. 514.011, F.S.; revising the
4 definitions of the terms “public swimming pool” and
5 “public pool”; amending s. 775.215, F.S.; defining the
6 terms “public bathing place” and “public swimming
7 pool”; revising residency restrictions for persons
8 convicted of certain sexual offenses; amending s.
9 943.04351, F.S.; revising requirements for a search of
10 sexual predator or sexual offender registration
11 information by a state agency or governmental
12 subdivision before appointing or employing a person to
13 work; amending s. 947.005, F.S.; defining the terms
14 “public bathing place” and “public swimming pool”;
15 amending s. 947.1405, F.S.; revising special
16 conditions for certain sexual offenders subject to
17 conditional release supervision; amending s. 948.001,
18 F.S.; defining the terms “public bathing place” and
19 “public swimming pool”; amending s. 948.30, F.S.;
20 revising standard conditions of probation or community
21 control for certain sexual offenders; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (2) of section 514.011, Florida
27 Statutes, is amended to read:
28 514.011 Definitions.—As used in this chapter:
29 (2) “Public swimming pool” or “public pool” means a
30 watertight structure of concrete, masonry, or other approved
31 materials which is located either indoors or outdoors, used for
32 bathing or swimming by humans, and filled with a filtered and
33 disinfected water supply, together with buildings,
34 appurtenances, and equipment used in connection therewith. A
35 public swimming pool or public pool shall mean a conventional
36 pool, spa-type pool, wading pool, special purpose pool, spray
37 pool, splash pad, or water recreation attraction, to which
38 admission may be gained with or without payment of a fee and
39 includes, but is not limited to, pools operated by or serving
40 camps, churches, cities, counties, child care facilities day
41 care centers, group home facilities for eight or more clients,
42 health spas, institutions, parks, state agencies, schools,
43 subdivisions, or the cooperative living-type projects of five or
44 more living units, such as apartments, boardinghouses, hotels,
45 mobile home parks, motels, recreational vehicle parks, and
46 townhouses.
47 Section 2. Present paragraph (d) of subsection (1) of
48 section 775.215, Florida Statutes, is redesignated as paragraph
49 (f) of that subsection, a new paragraph (d) and paragraph (e)
50 are added to that subsection, and paragraph (a) of subsection
51 (2) and paragraph (a) of subsection (3) of that section are
52 amended, to read:
53 775.215 Residency restriction for persons convicted of
54 certain sex offenses.—
55 (1) As used in this section, the term:
56 (d) “Public bathing place” has the same meaning as provided
57 in s. 514.011(4).
58 (e) “Public swimming pool” has the same meaning as provided
59 in s. 514.011(2).
60 (2)(a) A person who has been convicted of a violation of s.
61 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
62 regardless of whether adjudication has been withheld, in which
63 the victim of the offense was less than 16 years of age, may not
64 reside within 1,000 feet of any school, child care facility,
65 park, public swimming pool, public bathing place, or playground.
66 However, a person does not violate this subsection and may not
67 be forced to relocate if he or she is living in a residence that
68 meets the requirements of this subsection and a school, child
69 care facility, park, public swimming pool, public bathing place,
70 or playground is subsequently established within 1,000 feet of
71 his or her residence.
72 (3)(a) A person who has been convicted of an offense in
73 another jurisdiction that is similar to a violation of s.
74 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
75 regardless of whether adjudication has been withheld, in which
76 the victim of the offense was less than 16 years of age, may not
77 reside within 1,000 feet of any school, child care facility,
78 park, public swimming pool, public bathing place, or playground.
79 However, a person does not violate this subsection and may not
80 be forced to relocate if he or she is living in a residence that
81 meets the requirements of this subsection and a school, child
82 care facility, park, public swimming pool, public bathing place,
83 or playground is subsequently established within 1,000 feet of
84 his or her residence.
85 Section 3. Section 943.04351, Florida Statutes, is amended
86 to read:
87 943.04351 Search of registration information regarding
88 sexual predators and sexual offenders required before
89 appointment or employment.—A state agency or governmental
90 subdivision, before making any decision to appoint or employ a
91 person to work, whether for compensation or as a volunteer, at
92 any park, playground, public swimming pool, public bathing
93 place, child care facility day care center, or other place where
94 children regularly congregate, must conduct a search of that
95 person’s name or other identifying information against the
96 registration information regarding sexual predators and sexual
97 offenders through the Dru Sjodin National Sexual Offender Public
98 Website maintained by the United States Department of Justice.
99 If for any reason that site is not available, a search of the
100 registration information regarding sexual predators and sexual
101 offenders maintained by the Department of Law Enforcement under
102 s. 943.043 shall be performed. This section does not apply to
103 those positions or appointments within a state agency or
104 governmental subdivision for which a state and national criminal
105 history background check is conducted.
106 Section 4. Present subsections (10) through (15) of section
107 947.005, Florida Statutes, are redesignated as subsections (12)
108 through (17), respectively, and new subsections (10) and (11)
109 are added that section, to read:
110 947.005 Definitions.—As used in this chapter, unless the
111 context clearly indicates otherwise:
112 (10) “Public bathing place” has the same meaning as
113 provided in s. 514.011(4).
114 (11) “Public swimming pool” has the same meaning as
115 provided in s. 514.011(2).
116 Section 5. Paragraph (a) of subsection (7) and paragraph
117 (a) of subsection (12) of section 947.1405, Florida Statutes,
118 are amended to read:
119 947.1405 Conditional release program.—
120 (7)(a) Any inmate who is convicted of a crime committed on
121 or after October 1, 1995, or who has been previously convicted
122 of a crime committed on or after October 1, 1995, in violation
123 of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
124 847.0145, and is subject to conditional release supervision,
125 shall have, in addition to any other conditions imposed, the
126 following special conditions imposed by the commission:
127 1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
128 may designate another 8-hour period if the offender’s employment
129 precludes the above specified time, and such alternative is
130 recommended by the Department of Corrections. If the commission
131 determines that imposing a curfew would endanger the victim, the
132 commission may consider alternative sanctions.
133 2. If the victim was under the age of 18, a prohibition on
134 living within 1,000 feet of a school, child care facility, park,
135 playground, public swimming pool, public bathing place,
136 designated public school bus stop, or other place where children
137 regularly congregate. A releasee who is subject to this
138 subparagraph may not relocate to a residence that is within
139 1,000 feet of a public school bus stop. Beginning October 1,
140 2004, the commission or the department may not approve a
141 residence that is located within 1,000 feet of a school, child
142 care facility, park, playground, public swimming pool, public
143 bathing place, designated school bus stop, or other place where
144 children regularly congregate for any releasee who is subject to
145 this subparagraph. On October 1, 2004, the department shall
146 notify each affected school district of the location of the
147 residence of a releasee 30 days prior to release and thereafter,
148 if the releasee relocates to a new residence, shall notify any
149 affected school district of the residence of the releasee within
150 30 days after relocation. If, on October 1, 2004, any public
151 school bus stop is located within 1,000 feet of the existing
152 residence of such releasee, the district school board shall
153 relocate that school bus stop. Beginning October 1, 2004, a
154 district school board may not establish or relocate a public
155 school bus stop within 1,000 feet of the residence of a releasee
156 who is subject to this subparagraph. The failure of the district
157 school board to comply with this subparagraph shall not result
158 in a violation of conditional release supervision. A releasee
159 who is subject to this subparagraph may not be forced to
160 relocate and does not violate his or her conditional release
161 supervision if he or she is living in a residence that meets the
162 requirements of this subparagraph and a school, child care
163 facility, park, playground, public swimming pool, public bathing
164 place, designated public school bus stop, or other place where
165 children regularly congregate is subsequently established within
166 1,000 feet of his or her residence.
167 3. Active participation in and successful completion of a
168 sex offender treatment program with qualified practitioners
169 specifically trained to treat sex offenders, at the releasee’s
170 own expense. If a qualified practitioner is not available within
171 a 50-mile radius of the releasee’s residence, the offender shall
172 participate in other appropriate therapy.
173 4. A prohibition on any contact with the victim, directly
174 or indirectly, including through a third person, unless approved
175 by the victim, a qualified practitioner in the sexual offender
176 treatment program, and the sentencing court.
177 5. If the victim was under the age of 18, a prohibition
178 against contact with children under the age of 18 without review
179 and approval by the commission. The commission may approve
180 supervised contact with a child under the age of 18 if the
181 approval is based upon a recommendation for contact issued by a
182 qualified practitioner who is basing the recommendation on a
183 risk assessment. Further, the sex offender must be currently
184 enrolled in or have successfully completed a sex offender
185 therapy program. The commission may not grant supervised contact
186 with a child if the contact is not recommended by a qualified
187 practitioner and may deny supervised contact with a child at any
188 time. When considering whether to approve supervised contact
189 with a child, the commission must review and consider the
190 following:
191 a. A risk assessment completed by a qualified practitioner.
192 The qualified practitioner must prepare a written report that
193 must include the findings of the assessment and address each of
194 the following components:
195 (I) The sex offender’s current legal status;
196 (II) The sex offender’s history of adult charges with
197 apparent sexual motivation;
198 (III) The sex offender’s history of adult charges without
199 apparent sexual motivation;
200 (IV) The sex offender’s history of juvenile charges,
201 whenever available;
202 (V) The sex offender’s offender treatment history,
203 including a consultation from the sex offender’s treating, or
204 most recent treating, therapist;
205 (VI) The sex offender’s current mental status;
206 (VII) The sex offender’s mental health and substance abuse
207 history as provided by the Department of Corrections;
208 (VIII) The sex offender’s personal, social, educational,
209 and work history;
210 (IX) The results of current psychological testing of the
211 sex offender if determined necessary by the qualified
212 practitioner;
213 (X) A description of the proposed contact, including the
214 location, frequency, duration, and supervisory arrangement;
215 (XI) The child’s preference and relative comfort level with
216 the proposed contact, when age-appropriate;
217 (XII) The parent’s or legal guardian’s preference regarding
218 the proposed contact; and
219 (XIII) The qualified practitioner’s opinion, along with the
220 basis for that opinion, as to whether the proposed contact would
221 likely pose significant risk of emotional or physical harm to
222 the child.
223
224 The written report of the assessment must be given to the
225 commission.
226 b. A recommendation made as a part of the risk-assessment
227 report as to whether supervised contact with the child should be
228 approved;
229 c. A written consent signed by the child’s parent or legal
230 guardian, if the parent or legal guardian is not the sex
231 offender, agreeing to the sex offender having supervised contact
232 with the child after receiving full disclosure of the sex
233 offender’s present legal status, past criminal history, and the
234 results of the risk assessment. The commission may not approve
235 contact with the child if the parent or legal guardian refuses
236 to give written consent for supervised contact;
237 d. A safety plan prepared by the qualified practitioner,
238 who provides treatment to the offender, in collaboration with
239 the sex offender, the child’s parent or legal guardian, and the
240 child, when age appropriate, which details the acceptable
241 conditions of contact between the sex offender and the child.
242 The safety plan must be reviewed and approved by the Department
243 of Corrections before being submitted to the commission; and
244 e. Evidence that the child’s parent or legal guardian, if
245 the parent or legal guardian is not the sex offender,
246 understands the need for and agrees to the safety plan and has
247 agreed to provide, or to designate another adult to provide,
248 constant supervision any time the child is in contact with the
249 offender.
250
251 The commission may not appoint a person to conduct a risk
252 assessment and may not accept a risk assessment from a person
253 who has not demonstrated to the commission that he or she has
254 met the requirements of a qualified practitioner as defined in
255 this section.
256 6. If the victim was under age 18, a prohibition on working
257 for pay or as a volunteer at any school, child care facility,
258 park, playground, public swimming pool, public bathing place, or
259 other place where children regularly congregate, as prescribed
260 by the commission.
261 7. Unless otherwise indicated in the treatment plan
262 provided by a qualified practitioner in the sexual offender
263 treatment program, a prohibition on viewing, owning, or
264 possessing any obscene, pornographic, or sexually stimulating
265 visual or auditory material, including telephone, electronic
266 media, computer programs, or computer services that are relevant
267 to the offender’s deviant behavior pattern.
268 8. Effective for a releasee whose crime is committed on or
269 after July 1, 2005, a prohibition on accessing the Internet or
270 other computer services until a qualified practitioner in the
271 offender’s sex offender treatment program, after a risk
272 assessment is completed, approves and implements a safety plan
273 for the offender’s accessing or using the Internet or other
274 computer services.
275 9. A requirement that the releasee must submit two
276 specimens of blood to the Department of Law Enforcement to be
277 registered with the DNA database.
278 10. A requirement that the releasee make restitution to the
279 victim, as determined by the sentencing court or the commission,
280 for all necessary medical and related professional services
281 relating to physical, psychiatric, and psychological care.
282 11. Submission to a warrantless search by the community
283 control or probation officer of the probationer’s or community
284 controllee’s person, residence, or vehicle.
285 (12) In addition to all other conditions imposed, for a
286 releasee who is subject to conditional release for a crime that
287 was committed on or after May 26, 2010, and who has been
288 convicted at any time of committing, or attempting, soliciting,
289 or conspiring to commit, any of the criminal offenses listed in
290 s. 943.0435(1)(h)1.a.(I), or a similar offense in another
291 jurisdiction against a victim who was under 18 years of age at
292 the time of the offense, if the releasee has not received a
293 pardon for any felony or similar law of another jurisdiction
294 necessary for the operation of this subsection, if a conviction
295 of a felony or similar law of another jurisdiction necessary for
296 the operation of this subsection has not been set aside in any
297 postconviction proceeding, or if the releasee has not been
298 removed from the requirement to register as a sexual offender or
299 sexual predator pursuant to s. 943.04354, the commission must
300 impose the following conditions:
301 (a) A prohibition on visiting schools, child care
302 facilities, parks, public swimming pools, public bathing places,
303 and playgrounds without prior approval from the releasee’s
304 supervising officer. The commission may also designate
305 additional prohibited locations to protect a victim. The
306 prohibition ordered under this paragraph does not prohibit the
307 releasee from visiting a school, child care facility, park,
308 public swimming pool, public bathing place, or playground for
309 the sole purpose of attending a religious service as defined in
310 s. 775.0861 or picking up or dropping off the releasee’s child
311 or grandchild at a child care facility or school.
312 Section 6. Present subsections (9) though (13) of section
313 948.001, Florida Statutes, are redesignated as subsections (11)
314 through (15), respectively, and new subsections (9) and (10) are
315 added to that section, to read:
316 948.001 Definitions.—As used in this chapter, the term:
317 (9) “Public bathing place” has the same meaning as provided
318 in s. 514.011(4).
319 (10) “Public swimming pool” has the same meaning as
320 provided in s. 514.011(2)
321 Section 7. Paragraphs (b) and (f) of subsection (1) and
322 paragraph (a) of subsection (4) of section 948.30, Florida
323 Statutes, are amended to read:
324 948.30 Additional terms and conditions of probation or
325 community control for certain sex offenses.—Conditions imposed
326 pursuant to this section do not require oral pronouncement at
327 the time of sentencing and shall be considered standard
328 conditions of probation or community control for offenders
329 specified in this section.
330 (1) Effective for probationers or community controllees
331 whose crime was committed on or after October 1, 1995, and who
332 are placed under supervision for a violation of chapter 794, s.
333 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose
334 crime was committed on or after July 1, 2021, and who are placed
335 under supervision for a violation of s. 787.06(3)(b), (d), (f),
336 or (g), or whose crime was committed on or after July 1, 2023,
337 and who are placed under supervision for attempting, soliciting,
338 or conspiring to commit a violation of s. 787.06(3)(b), (d),
339 (f), or (g); chapter 794; s. 800.04; s. 827.071; s. 847.0135(5);
340 or s. 847.0145, the court must impose the following conditions
341 in addition to all other standard and special conditions
342 imposed:
343 (b) If the victim was under the age of 18, a prohibition on
344 living within 1,000 feet of a school, child care facility, park,
345 playground, public swimming pool, public bathing place, or other
346 place where children regularly congregate, as prescribed by the
347 court. The 1,000-foot distance shall be measured in a straight
348 line from the offender’s place of residence to the nearest
349 boundary line of the school, child care facility, park,
350 playground, public swimming pool, public bathing place, or other
351 place where children congregate. The distance may not be
352 measured by a pedestrian route or automobile route. A
353 probationer or community controllee who is subject to this
354 paragraph may not be forced to relocate and does not violate his
355 or her probation or community control if he or she is living in
356 a residence that meets the requirements of this paragraph and a
357 school, child care facility, park, playground, public swimming
358 pool, public bathing place, or other place where children
359 regularly congregate is subsequently established within 1,000
360 feet of his or her residence.
361 (f) If the victim was under age 18, a prohibition on
362 working for pay or as a volunteer at any place where children
363 regularly congregate, including, but not limited to, schools,
364 child care facilities, parks, playgrounds, public swimming
365 pools, public bathing places, pet stores, libraries, zoos, theme
366 parks, and malls.
367 (4) In addition to all other conditions imposed, for a
368 probationer or community controllee who is subject to
369 supervision for a crime that was committed on or after May 26,
370 2010, and who has been convicted at any time of committing, or
371 attempting, soliciting, or conspiring to commit, any of the
372 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
373 similar offense in another jurisdiction, against a victim who
374 was under the age of 18 at the time of the offense; if the
375 offender has not received a pardon for any felony or similar law
376 of another jurisdiction necessary for the operation of this
377 subsection, if a conviction of a felony or similar law of
378 another jurisdiction necessary for the operation of this
379 subsection has not been set aside in any postconviction
380 proceeding, or if the offender has not been removed from the
381 requirement to register as a sexual offender or sexual predator
382 pursuant to s. 943.04354, the court must impose the following
383 conditions:
384 (a) A prohibition on visiting schools, child care
385 facilities, parks, public swimming pools, public bathing places,
386 and playgrounds, without prior approval from the offender’s
387 supervising officer. The court may also designate additional
388 locations to protect a victim. The prohibition ordered under
389 this paragraph does not prohibit the offender from visiting a
390 school, child care facility, park, public swimming pool, public
391 bathing place, or playground for the sole purpose of attending a
392 religious service as defined in s. 775.0861 or picking up or
393 dropping off the offender’s children or grandchildren at a child
394 care facility or school.
395 Section 8. This act shall take effect July 1, 2026.