Florida Senate - 2026                CS for CS for CS for SB 212
       
       
        
       By the Committees on Rules; Judiciary; and Criminal Justice; and
       Senator McClain
       
       
       
       
       595-02930-26                                           2026212c3
    1                        A bill to be entitled                      
    2         An act relating to sexual offenders and sexual
    3         predators; amending s. 775.215, F.S.; defining the
    4         term “public swimming pool”; revising residency
    5         restrictions for persons convicted of certain sexual
    6         offenses occurring on or after a specified date;
    7         providing penalties; providing applicability; amending
    8         s. 856.022, F.S.; revising the prohibition of
    9         specified offenders from coming within a specified
   10         distance of a place where children congregate;
   11         prohibiting certain persons from contacting,
   12         communicating with, or knowingly approaching with the
   13         intent to contact or communicate with certain persons
   14         at certain locations; providing an exception;
   15         requiring a person who has been convicted of specified
   16         offenses to provide notice to a school or child care
   17         facility under certain circumstances; defining terms;
   18         amending s. 901.15, F.S.; authorizing the warrantless
   19         arrest of a person if a law enforcement officer has
   20         probable cause to believe the person committed
   21         specified offenses; amending s. 943.04351, F.S.;
   22         revising requirements for state agencies or
   23         governmental subdivisions to search before appointing
   24         or employing a person to work at specified locations;
   25         amending s. 947.1405, F.S.; revising special
   26         conditions for certain sexual offenders subject to
   27         conditional release supervision for offenses committed
   28         on or after a specified date; amending s. 948.30,
   29         F.S.; revising conditions of probation or community
   30         control for certain sexual offenders for offenses
   31         committed on or after a specified date; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Present paragraph (d) of subsection (1) of
   37  section 775.215, Florida Statutes, is redesignated as paragraph
   38  (e), a new paragraph (d) is added to that subsection, subsection
   39  (4) is added to that section, and paragraph (c) of subsection
   40  (2) and paragraph (c) of subsection (3) of that section are
   41  amended, to read:
   42         775.215 Residency restriction for persons convicted of
   43  certain sex offenses.—
   44         (1) As used in this section, the term:
   45         (d)“Public swimming pool” means a structure that is
   46  located either indoors or outdoors and used for recreational
   47  bathing or swimming by humans. The term includes a conventional
   48  pool, spa-type pool, wading pool, special purpose pool, spray
   49  pool, splash pad, or other water recreation attraction, to which
   50  admission may be gained with or without payment of a fee,
   51  regardless of whether entry to the swimming pool is limited by a
   52  gate or other method of controlling access. The term includes
   53  swimming pools operated by or serving subdivisions, apartments,
   54  condominiums, mobile home parks, or townhouses, or any pool
   55  operated by a governmental entity which is held open to the
   56  public. The term does not include a swimming pool at a private
   57  single-family residence, hotel, motel, or recreational vehicle
   58  park, or a swimming pool where the operator prohibits the use of
   59  such pool by persons younger than 18 years of age.
   60         (2)
   61         (c) This subsection applies to any person convicted of a
   62  violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),
   63  or s. 847.0145 for offenses that occurred occur on or after
   64  October 1, 2004, and before July 1, 2026, excluding persons who
   65  have been removed from the requirement to register as a sexual
   66  offender or sexual predator pursuant to s. 943.04354.
   67         (3)
   68         (c) This subsection applies to any person convicted of an
   69  offense in another jurisdiction that is similar to a violation
   70  of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
   71  847.0145 if such offense occurred on or after May 26, 2010, and
   72  before July 1, 2026, excluding persons who have been removed
   73  from the requirement to register as a sexual offender or sexual
   74  predator pursuant to s. 943.04354.
   75         (4)(a)A person who has been convicted of a violation of s.
   76  794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
   77  regardless of whether adjudication has been withheld, in which
   78  the victim was less than 16 years of age at the time of the
   79  offense, or who has been convicted of a similar offense in
   80  another jurisdiction, regardless of whether adjudication has
   81  been withheld, in which the victim was less than 16 years of age
   82  at the time of the offense, may not reside within 1,000 feet of
   83  any school, child care facility, park, playground, or public
   84  swimming pool. However, a person does not violate this
   85  subsection and may not be forced to relocate if he or she is
   86  living in a residence that meets the requirements of this
   87  subsection and a school, child care facility, park, playground,
   88  or public swimming pool is subsequently established within 1,000
   89  feet of his or her residence.
   90         (b)A person who violates this subsection and whose
   91  conviction under s. 794.011, s. 800.04, s. 827.071, s.
   92  847.0135(5), or s. 847.0145 was classified as a felony of the
   93  first degree or higher or whose conviction in another
   94  jurisdiction resulted in a penalty that is substantially similar
   95  to a felony of the first degree or higher commits a felony of
   96  the third degree, punishable as provided in s. 775.082, s.
   97  775.083, or s. 775.084. A person who violates this subsection
   98  and whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
   99  847.0135(5), or s. 847.0145 was classified as a felony of the
  100  second or third degree or whose conviction in another
  101  jurisdiction was substantially similar to a felony of the second
  102  or third degree commits a misdemeanor of the first degree,
  103  punishable as provided in s. 775.082 or s. 775.083.
  104         (c)This subsection applies to:
  105         1.Any person convicted of a violation described in
  106  paragraph (a) for offenses that occur on or after July 1, 2026,
  107  excluding persons who have been removed from the requirement to
  108  register as a sexual offender or sexual predator pursuant to s.
  109  943.04354.
  110         2.Any person who is subject to the residency restrictions
  111  in subsection (2) or subsection (3) who changes his or her
  112  permanent residence, as that term is defined in s. 775.21(2), on
  113  or after July 1, 2026.
  114         Section 2. Section 856.022, Florida Statutes, is amended to
  115  read:
  116         856.022 Loitering or prowling by certain offenders in close
  117  proximity to children; prohibition on contact or communication
  118  with children in certain locations; penalty.—
  119         (1) Except as provided in subsection (2), this section
  120  applies to a person convicted of committing, or attempting,
  121  soliciting, or conspiring to commit, any of the criminal
  122  offenses proscribed in the following statutes in this state or
  123  similar offenses in another jurisdiction against a victim who
  124  was younger than under 18 years of age at the time of the
  125  offense: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the
  126  victim is a minor; s. 787.06(3)(g); s. 794.011, excluding s.
  127  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  128  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  129  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  130  s. 985.701(1); or any similar offense committed in this state
  131  which has been redesignated from a former statute number to one
  132  of those listed in this subsection, if the person has not
  133  received a pardon for any felony or similar law of another
  134  jurisdiction necessary for the operation of this subsection and
  135  a conviction of a felony or similar law of another jurisdiction
  136  necessary for the operation of this subsection has not been set
  137  aside in any postconviction proceeding.
  138         (2) This section does not apply to a person who has been
  139  removed from the requirement to register as a sexual offender or
  140  sexual predator pursuant to s. 943.04354.
  141         (3) A person described in subsection (1) commits loitering
  142  and prowling by a person convicted of a sexual offense against a
  143  minor if, in committing loitering and prowling, he or she was
  144  within 500 300 feet of a place where children were congregating.
  145         (4)(a) It is unlawful for a person described in subsection
  146  (1) to knowingly approach, contact, or communicate with, or
  147  approach with the intent to contact or communicate with a person
  148  younger than child under 18 years of age in any public park
  149  building or on real property comprising any public park, or
  150  playground, or public swimming pool. This subsection does not
  151  prohibit a person from contacting, communicating with, or
  152  approaching with the intent to contact or communicate with, a
  153  person younger than 18 years of age if such person is his or her
  154  family or household member as defined in s. 741.28 with the
  155  intent to engage in conduct of a sexual nature or to make a
  156  communication of any type with any content of a sexual nature.
  157  This paragraph applies only to a person described in subsection
  158  (1) whose offense was committed on or after May 26, 2010.
  159         (b) It is unlawful for a person described in subsection (1)
  160  to knowingly be present in any child care facility or school
  161  containing any students in prekindergarten through grade 12 or
  162  on real property comprising any child care facility or school
  163  containing any students in prekindergarten through grade 12 when
  164  the child care facility or school is in operation, if such
  165  person fails to:
  166         1. Provide written notification of his or her intent to be
  167  present to the school board, superintendent, principal, or child
  168  care facility owner that he or she has a conviction specified in
  169  subsection (1) and that he or she intends to be present at the
  170  school or child care facility;
  171         2. Notify the child care facility owner or the school
  172  principal’s office when he or she arrives and departs the child
  173  care facility or school; and or
  174         3. Remain under direct supervision of a school official or
  175  designated chaperone when present in the vicinity of children.
  176  As used in this paragraph, the term “school official” means a
  177  principal, a school resource officer, a teacher or any other
  178  employee of the school, the superintendent of schools, a member
  179  of the school board, a child care facility owner, or a child
  180  care provider.
  181         (c) A person is not in violation of paragraph (b) if:
  182         1. The child care facility or school is a voting location
  183  and the person is present for the purpose of voting during the
  184  hours designated for voting; or
  185         2. The person is a parent, grandparent, or legal guardian
  186  who is only dropping off or picking up his or her child or
  187  grandchild own children or grandchildren at the child care
  188  facility or school; or
  189         3.The person is attending a religious service as defined
  190  in s. 775.0861.
  191         (5) A Any person who violates this section commits a
  192  misdemeanor of the first degree, punishable as provided in s.
  193  775.082 or s. 775.083.
  194         (6)As used in this section, the term:
  195         (a)“Child care facility” has the same meaning s. 402.302.
  196         (b)“Park” has the same meaning as in s. 775.215(1).
  197         (c)“Playground” has the same meaning as in s. 775.215(1).
  198         (d)“Public swimming pool” means a structure that is
  199  located either indoors or outdoors and used for recreational
  200  bathing or swimming by humans, including the area immediately
  201  surrounding the structure. The term includes a conventional
  202  pool, spa-type pool, wading pool, special purpose pool, spray
  203  pool, splash pad, or other water recreation attraction, to which
  204  admission may be gained with or without payment of a fee,
  205  regardless of whether entry to the swimming pool is limited by a
  206  gate or other method of controlling access. The term also
  207  includes, but is not limited to, pools operated by or serving
  208  camps, churches, governmental entities, day care centers, parks,
  209  schools, subdivisions, apartments, condominiums, hotels, motels,
  210  mobile home parks, recreational vehicle parks, and townhouses.
  211  The term does not include a swimming pool at a private single
  212  family residence or a swimming pool where the operator prohibits
  213  the use of such pool by persons younger than 18 years of age.
  214         (e)“School” has the same meaning as in s. 775.215(1).
  215         Section 3. Paragraphs (h) and (i) are added to subsection
  216  (9) of section 901.15, Florida Statutes, to read:
  217         901.15 When arrest by officer without warrant is lawful.—A
  218  law enforcement officer may arrest a person without a warrant
  219  when:
  220         (9) There is probable cause to believe that the person has
  221  committed:
  222         (h)A violation of s. 856.022(4)(a) by knowingly
  223  contacting, communicating with, or approaching with the intent
  224  to contact or communicate with, a person younger than 18 years
  225  of age in any park building or on real property comprising any
  226  park, playground, or public swimming pool.
  227         (i)A violation of s. 856.022(4)(b) by knowingly being
  228  present in any child care facility or school containing students
  229  in prekindergarten through grade 12 or on real property
  230  comprising a child care facility or school containing any
  231  students in prekindergarten through grade 12 when the child care
  232  facility or school is in operation.
  233         Section 4. Section 943.04351, Florida Statutes, is amended
  234  to read:
  235         943.04351 Search of registration information regarding
  236  sexual predators and sexual offenders required before
  237  appointment or employment.—A state agency or governmental
  238  subdivision, before making any decision to appoint or employ a
  239  person to work, whether for compensation or as a volunteer, at
  240  any park, playground, public swimming pool, child care facility
  241  day care center, or other place where children regularly
  242  congregate, must conduct a search of that person’s name or other
  243  identifying information against the registration information
  244  regarding sexual predators and sexual offenders through the Dru
  245  Sjodin National Sexual Offender Public Website maintained by the
  246  United States Department of Justice. If for any reason that site
  247  is not available, a search of the registration information
  248  regarding sexual predators and sexual offenders maintained by
  249  the Department of Law Enforcement under s. 943.043 must shall be
  250  performed. This section does not apply to those positions or
  251  appointments within a state agency or governmental subdivision
  252  for which a state and national criminal history background check
  253  is conducted.
  254         Section 5. Subsections (15) and (16) are added to section
  255  947.1405, Florida Statutes, to read:
  256         947.1405 Conditional release program.—
  257         (15)Effective for a releasee who is convicted of a crime
  258  committed on or after July 1, 2026, or who has been previously
  259  convicted of a crime committed on or after July 1, 2026, in
  260  violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
  261  or s. 847.0145, against a victim who was younger than 18 years
  262  of age at the time of the offense, in addition to any other
  263  provision of this section, the commission shall impose the
  264  following conditions:
  265         (a)A prohibition on living within 1,000 feet of any public
  266  swimming pool, as defined in s. 775.215. A releasee who is
  267  subject to this paragraph may not be forced to relocate and does
  268  not violate his or her conditional release supervision if he or
  269  she is living in a residence that meets the requirements of this
  270  paragraph and a public swimming pool is subsequently established
  271  within 1,000 feet of his or her residence.
  272         (b)A prohibition on working for pay or as a volunteer at
  273  any public swimming pool.
  274         (16)In addition to all other conditions imposed, for a
  275  releasee who is subject to conditional release for a crime that
  276  was committed on or after July 1, 2026, and who has been
  277  convicted at any time of committing, or attempting, soliciting,
  278  or conspiring to commit, any of the criminal offenses listed in
  279  s. 943.0435(1)(h)1.a.(I), or a similar offense in another
  280  jurisdiction against a victim who was younger than 18 years of
  281  age at the time of the offense, if the releasee has not received
  282  a pardon for any felony or similar law of another jurisdiction
  283  necessary for the operation of this subsection, if a conviction
  284  of a felony or similar law of another jurisdiction necessary for
  285  the operation of this subsection has not been set aside in any
  286  postconviction proceeding, or if the releasee has not been
  287  removed from the requirement to register as a sexual offender or
  288  sexual predator pursuant to s. 943.04354, the commission must
  289  impose a condition prohibiting the releasee from visiting a
  290  public swimming pool, as defined in s. 856.022(6), without prior
  291  approval from his or her supervising officer.
  292         Section 6. Subsections (6) and (7) are added to section
  293  948.30, Florida Statutes, to read:
  294         948.30 Additional terms and conditions of probation or
  295  community control for certain sex offenses.—Conditions imposed
  296  pursuant to this section do not require oral pronouncement at
  297  the time of sentencing and shall be considered standard
  298  conditions of probation or community control for offenders
  299  specified in this section.
  300         (6)In addition to all other conditions imposed, for a
  301  probationer or community controllee whose crime was committed on
  302  or after July 1, 2026, and who is placed on supervision for
  303  committing, or attempting, soliciting, or conspiring to commit,
  304  a violation of s. 787.06(3)(b), (d), (f), or (g); chapter 794;
  305  s. 800.04; s. 827.071; s. 847.0135(5); or s. 847.0145 against a
  306  victim who was younger than 18 years of age at the time of the
  307  offense, the court must impose the following conditions:
  308         (a)A prohibition on living within 1,000 feet of any public
  309  swimming pool, as defined in s. 775.215. A probationer or
  310  community controllee who is subject to this paragraph may not be
  311  forced to relocate and does not violate his or her probation or
  312  community control if he or she is living in a residence that
  313  meets the requirements of this paragraph and a public swimming
  314  pool is subsequently established within 1,000 feet of his or her
  315  residence.
  316         (b)A prohibition on working for pay or as a volunteer at
  317  any public swimming pool.
  318         (7)In addition to all other conditions imposed, for a
  319  probationer or community controllee who is subject to
  320  supervision for a crime that was committed on or after July 1,
  321  2026, and who has been convicted at any time of committing, or
  322  attempting, soliciting, or conspiring to commit, any of the
  323  criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
  324  similar offense in another jurisdiction, against a victim who
  325  was younger than 18 years of age at the time of the offense, if
  326  the offender has not received a pardon for any felony or similar
  327  law of another jurisdiction necessary for the operation of this
  328  subsection, if a conviction of a felony or similar law of
  329  another jurisdiction necessary for the operation of this
  330  subsection has not been set aside in any postconviction
  331  proceeding, or if the offender has not been removed from the
  332  requirement to register as a sexual offender or sexual predator
  333  pursuant to s. 943.04354, the court must impose a condition
  334  prohibiting the probationer or community controlee from visiting
  335  a public swimming pool, as defined in s. 856.022(6), without
  336  prior approval from his or her supervising officer.
  337         Section 7. This act shall take effect July 1, 2026.