Florida Senate - 2016                                    SB 1654
       
       
        
       By Senator Hutson
       
       24-01357-16                                           20161654__
    1                        A bill to be entitled                      
    2         An act relating to criminal offenders; amending s.
    3         24.115, F.S.; requiring the Department of the Lottery
    4         to verify whether certain prize claimants owe debts
    5         relating to registration as specified types of
    6         offenders; providing for payment of such debts from
    7         lottery prizes in certain circumstances; creating s.
    8         775.0201, F.S.; providing an additional mandatory term
    9         of imprisonment for specified offenses committed by
   10         sexual offenders and sexual predators; creating s.
   11         775.32, F.S.; providing definitions; authorizing
   12         sheriffs to assess fees for registering and
   13         reregistering specified types of offenders subject to
   14         registration requirements; specifying maximum fees;
   15         providing requirements for use of fees; providing for
   16         fees for relocation of registrants; providing criminal
   17         penalties; amending s. 796.04, F.S.; providing
   18         enhanced criminal penalties for repeat violations of
   19         provisions prohibiting forcing, compelling, or
   20         coercing another to become a prostitute; amending s.
   21         847.0141, F.S.; providing criminal penalties for first
   22         and subsequent offenses of sexting; amending ss.
   23         943.0435 and 944.606, F.S.; revising the definition of
   24         “sexual offender” to include persons convicted of
   25         specified prostitution-related offenses; creating s.
   26         948.33, F.S.; providing additional conditions for sex
   27         offender probation and community control for certain
   28         offenders who commit qualifying offenses after a
   29         specified date; providing that such conditions need
   30         not be pronounced orally at the time of sentencing;
   31         providing that such conditions may be applied to other
   32         relevant offenders; requiring that such offenders be
   33         supervised by certain Department of Corrections
   34         officers; providing for severability; providing an
   35         effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (4) of section 24.115, Florida
   40  Statutes, is amended to read:
   41         24.115 Payment of prizes.—
   42         (4)(a)1. Except as provided in subparagraph 2., it is the
   43  responsibility of the appropriate state agency and of the
   44  judicial branch to identify to the department, in the form and
   45  format prescribed by the department, persons owing an
   46  outstanding debt to any state agency or owing child support
   47  collected through a court, including spousal support or alimony
   48  for the spouse or former spouse of the obligor if the child
   49  support obligation is being enforced by the Department of
   50  Revenue.
   51         2. Before payment of a prize of $600 or more to a claimant
   52  having such an outstanding obligation, the department shall
   53  contact the Department of Law Enforcement to determine whether
   54  the winner is a person required to register as a career
   55  offender, sexual predator, or sexual offender and, if so,
   56  whether the claimant owes a debt for any expenses related
   57  thereto, including expenses related to registration,
   58  notification, and verification of residence. If the offender
   59  owes such a debt, it shall be paid out of the prize money as
   60  provided in paragraph (b).
   61         (b) Before Prior to the payment of a prize of $600 or more
   62  to a any claimant having such an outstanding obligation, the
   63  department shall transmit the amount of a the debt as determined
   64  under paragraph (a) to the agency claiming the debt and shall
   65  authorize payment of the balance to the prize winner after
   66  deduction of the debt. If a prize winner owes multiple debts
   67  subject to offset under this subsection and the prize is
   68  insufficient to cover all such debts, the amount of the prize
   69  shall be transmitted first to the agency claiming that past due
   70  child support is owed. If a balance of lottery prize remains
   71  after payment of past due child support, the remaining lottery
   72  prize amount shall be transmitted to other agencies claiming
   73  debts owed to the state, pro rata, based upon the ratio of the
   74  individual debt to the remaining debt owed to the state.
   75         Section 2. Section 775.0201, Florida Statutes, is created
   76  to read:
   77         775.0201 Additional penalties for certain offenses
   78  committed by sexual offenders and sexual predators.—
   79         (1) Effective for offenses committed on or after October 1,
   80  2016, a person who is designated as a sexual predator under s.
   81  775.21 or subject to registration as a sexual offender under s.
   82  943.0435 or s. 944.607, or who has a similar designation or is
   83  subject to a similar registration requirement under the laws of
   84  another jurisdiction, who commits:
   85         (a) A capital, life, or first degree felony violation, or
   86  an attempt thereof, of s. 787.01 or s. 787.02, where the victim
   87  is a minor and the defendant is not the victim’s parent or
   88  guardian, or s. 794.011, s. 800.04, or s. 847.0145; or
   89         (b) A felony violation, or an attempt thereof, of s.
   90  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
   91  787.025(2)(c), where the victim is a minor and the defendant is
   92  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
   93  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
   94  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
   95  800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0133;
   96  s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
   97  916.1075(2); or s. 985.701(1), and the offender has previously
   98  been convicted of or found to have committed, or has pled nolo
   99  contendere or guilty to, regardless of adjudication, a violation
  100  of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  101  787.025(2)(c), where the victim is a minor and the defendant is
  102  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  103  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
  104  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  105  800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0133;
  106  s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
  107  916.1075(2); or s. 985.701(1),
  108  
  109  shall be sentenced to a mandatory term of imprisonment of 10
  110  years in addition to any other sentence imposed for the offense.
  111         (2) The sentence imposed under this section shall be
  112  consecutive to any other sentence imposed for the offense.
  113         Section 3. Section 775.32, Florida Statutes, is created to
  114  read:
  115         775.32 Offender registration fees.—
  116         (1) As used in this section, the term:
  117         (a) “Career offender” means an offender who qualifies as a
  118  career offender under s. 775.261.
  119         (b) “Convicted felon” means an offender who qualifies as a
  120  convicted felon under s. 775.13.
  121         (c) “Florida resident” means an offender who lived in this
  122  state for at least 1 year before the initial registration or
  123  arrest for the qualifying offense that requires registration.
  124         (d) “Sexual offender” means an offender who qualifies as a
  125  sexual offender under s. 943.0435.
  126         (e) “Sexual predator” means an offender who qualifies as a
  127  sexual predator under s. 775.21.
  128         (f) “Registration year” of an offender means the 12-month
  129  period beginning on the first day of the offender’s birth month.
  130         (2) The sheriff of each county may charge criminal
  131  registration fees for sexual predators, sexual offenders, career
  132  offenders, and convicted felons for the initial registration,
  133  reregistration, and registration updates with that sheriff.
  134  Annual fees during a registration year, excluding the initial
  135  registration fee of a nonresident of this state, may not exceed
  136  $200 per sexual predator, $100 per sexual offender, $50 per
  137  career offender, or $25 per felony offender.
  138         (3) The sheriff may not refuse to register a person,
  139  register a new residence address of a person, or verify the
  140  current residence address of a person, who does not pay a fee
  141  required under this section.
  142         (4) Each sexual predator, sexual offender, career offender,
  143  or convicted felon required to register and pay a fee as
  144  provided under this section shall remit payment when the person
  145  reports to the sheriff’s office in the county in which the
  146  person resides or is otherwise located.
  147         (5) All funds retained by the sheriff pursuant to this
  148  section shall be credited to a special fund of the sheriff’s
  149  office which shall be used solely for law enforcement and
  150  criminal prosecution purposes and which may not be used as a
  151  source of revenue to reduce the amount of funding otherwise made
  152  available to the sheriff’s office.
  153         (6) The sheriff may waive the registration or
  154  reregistration fee under this section for an offender who
  155  demonstrates indigency if he or she is a Florida resident. The
  156  sheriff shall document any waiver or alternative fee arrangement
  157  in the official registration records of the sheriff’s office and
  158  shall provide the offender with a written copy of any waiver or
  159  alternative fee arrangement.
  160         (7) When an offender from another jurisdiction who meets
  161  the criteria under this section and is not a resident of this
  162  state registers for the first time, a $300 initial registration
  163  fee shall be assessed and collected by the sheriff.
  164         (8) If an offender has registered with a sheriff and
  165  subsequently relocates to a different county during a
  166  registration year, the annual maximum amounts set forth in
  167  subsection (2) apply to the sheriff of that county, and that
  168  sheriff shall consider any payments already made by the offender
  169  for the purposes of determining when the applicable maximum has
  170  been met for the offender’s registration year.
  171         (9) Failure to pay a fee as required by this section,
  172  unless waived under subsection (6), is a misdemeanor of the
  173  second degree, punishable as provided in s. 775.082 or s.
  174  775.083.
  175         Section 4. Section 796.04, Florida Statutes, is amended to
  176  read:
  177         796.04 Forcing, compelling, or coercing another to become a
  178  prostitute.—
  179         (1) After May 1, 1943, It is shall be unlawful for anyone
  180  to force, compel, or coerce another to become a prostitute.
  181         (2) A person who violates this section commits:
  182         (a) For a first offense, Anyone violating this section
  183  shall be guilty of a felony of the third degree, punishable as
  184  provided in s. 775.082, s. 775.083, or s. 775.084.
  185         (b) For a second offense, a felony of the second degree,
  186  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  187         (c) For a third or subsequent offense, a felony of the
  188  first degree, punishable as provided in s. 775.082, s. 775.083,
  189  or s. 775.084.
  190         Section 5. Subsection (3) of section 847.0141, Florida
  191  Statutes, is amended, and subsection (1) of that section is
  192  republished, to read:
  193         847.0141 Sexting; prohibited acts; penalties.—
  194         (1) A minor commits the offense of sexting if he or she
  195  knowingly:
  196         (a) Uses a computer, or any other device capable of
  197  electronic data transmission or distribution, to transmit or
  198  distribute to another minor any photograph or video of any
  199  person which depicts nudity, as defined in s. 847.001(9), and is
  200  harmful to minors, as defined in s. 847.001(6).
  201         (b) Possesses a photograph or video of any person that was
  202  transmitted or distributed by another minor which depicts
  203  nudity, as defined in s. 847.001(9), and is harmful to minors,
  204  as defined in s. 847.001(6). A minor does not violate this
  205  paragraph if all of the following apply:
  206         1. The minor did not solicit the photograph or video.
  207         2. The minor took reasonable steps to report the photograph
  208  or video to the minor’s legal guardian or to a school or law
  209  enforcement official.
  210         3. The minor did not transmit or distribute the photograph
  211  or video to a third party.
  212         (3) A minor who violates subsection (1):
  213         (a) For a first violation, commits a misdemeanor of the
  214  second degree, punishable as provided in s. 775.082 or s.
  215  775.083 noncriminal violation for a first violation. The court
  216  may also order the minor must sign and accept a citation
  217  indicating a promise to appear before the juvenile court. In
  218  lieu of appearing in court, the minor may complete 8 hours of
  219  community service work, pay a $60 civil penalty, or participate
  220  in a cyber-safety program if such a program is locally
  221  available. The minor must satisfy any penalty within 30 days
  222  after receipt of the citation.
  223         1. A citation issued to a minor under this subsection must
  224  be in a form prescribed by the issuing law enforcement agency,
  225  must be signed by the minor, and must contain all of the
  226  following:
  227         a. The date and time of issuance.
  228         b. The name and address of the minor to whom the citation
  229  is issued.
  230         c. A thumbprint of the minor to whom the citation is
  231  issued.
  232         d. Identification of the noncriminal violation and the time
  233  it was committed.
  234         e. The facts constituting reasonable cause.
  235         f. The specific section of law violated.
  236         g. The name and authority of the citing officer.
  237         h. The procedures that the minor must follow to contest the
  238  citation, perform the required community service, pay the civil
  239  penalty, or participate in a cyber-safety program.
  240         2. If the citation is contested and the court determines
  241  that the minor committed a noncriminal violation under this
  242  section, the court may order the minor to perform 8 hours of
  243  community service, pay a $60 civil penalty, or participate in a
  244  cyber-safety program, or any combination thereof.
  245         3. A minor who fails to comply with the citation waives his
  246  or her right to contest it, and the court may impose any of the
  247  penalties identified in subparagraph 2. or issue an order to
  248  show cause. Upon a finding of contempt, the court may impose
  249  additional age-appropriate penalties, which may include issuance
  250  of an order to the Department of Highway Safety and Motor
  251  Vehicles to withhold issuance of, or suspend the driver license
  252  or driving privilege of, the minor for 30 consecutive days.
  253  However, the court may not impose incarceration.
  254         (b) For a second violation, commits a misdemeanor of the
  255  first degree for a violation that occurs after the minor has
  256  been found to have committed a noncriminal violation for sexting
  257  or has satisfied the penalty imposed in lieu of a court
  258  appearance as provided in paragraph (a), punishable as provided
  259  in s. 775.082 or s. 775.083.
  260         (c) For a third or subsequent violation, commits a felony
  261  of the third degree for a violation that occurs after the minor
  262  has been found to have committed a misdemeanor of the first
  263  degree for sexting, punishable as provided in s. 775.082, s.
  264  775.083, or s. 775.084.
  265         Section 6. Paragraph (a) of subsection (1) of section
  266  943.0435, Florida Statutes, is amended to read:
  267         943.0435 Sexual offenders required to register with the
  268  department; penalty.—
  269         (1) As used in this section, the term:
  270         (a)1. “Sexual offender” means a person who meets the
  271  criteria in sub-subparagraph a., sub-subparagraph b., sub
  272  subparagraph c., or sub-subparagraph d., as follows:
  273         a.(I) Has been convicted of committing, or attempting,
  274  soliciting, or conspiring to commit, any of the criminal
  275  offenses proscribed in the following statutes in this state or
  276  similar offenses in another jurisdiction: s. 393.135(2); s.
  277  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  278  the victim is a minor and the defendant is not the victim’s
  279  parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
  280  787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05;
  281  former s. 796.03; former s. 796.035; s. 796.04(2)(b) or (c); s.
  282  796.05; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
  283  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
  284  847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any
  285  similar offense committed in this state which has been
  286  redesignated from a former statute number to one of those listed
  287  in this sub-sub-subparagraph; and
  288         (II) Has been released on or after October 1, 1997, from
  289  the sanction imposed for any conviction of an offense described
  290  in sub-sub-subparagraph (I). For purposes of sub-sub
  291  subparagraph (I), a sanction imposed in this state or in any
  292  other jurisdiction includes, but is not limited to, a fine,
  293  probation, community control, parole, conditional release,
  294  control release, or incarceration in a state prison, federal
  295  prison, private correctional facility, or local detention
  296  facility;
  297         b. Establishes or maintains a residence in this state and
  298  who has not been designated as a sexual predator by a court of
  299  this state but who has been designated as a sexual predator, as
  300  a sexually violent predator, or by another sexual offender
  301  designation in another state or jurisdiction and was, as a
  302  result of such designation, subjected to registration or
  303  community or public notification, or both, or would be if the
  304  person were a resident of that state or jurisdiction, without
  305  regard to whether the person otherwise meets the criteria for
  306  registration as a sexual offender;
  307         c. Establishes or maintains a residence in this state who
  308  is in the custody or control of, or under the supervision of,
  309  any other state or jurisdiction as a result of a conviction for
  310  committing, or attempting, soliciting, or conspiring to commit,
  311  any of the criminal offenses proscribed in the following
  312  statutes or similar offense in another jurisdiction: s.
  313  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  314  787.025(2)(c), where the victim is a minor and the defendant is
  315  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  316  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
  317  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  318  796.04(2)(b) or (c); s. 796.05; s. 800.04; s. 810.145(8); s.
  319  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  320  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  321  916.1075(2); or s. 985.701(1); or any similar offense committed
  322  in this state which has been redesignated from a former statute
  323  number to one of those listed in this sub-subparagraph; or
  324         d. On or after July 1, 2007, has been adjudicated
  325  delinquent for committing, or attempting, soliciting, or
  326  conspiring to commit, any of the criminal offenses proscribed in
  327  the following statutes in this state or similar offenses in
  328  another jurisdiction when the juvenile was 14 years of age or
  329  older at the time of the offense:
  330         (I) Section 794.011, excluding s. 794.011(10);
  331         (II) Section 800.04(4)(a)2. where the victim is under 12
  332  years of age or where the court finds sexual activity by the use
  333  of force or coercion;
  334         (III) Section 800.04(5)(c)1. where the court finds
  335  molestation involving unclothed genitals; or
  336         (IV) Section 800.04(5)(d) where the court finds the use of
  337  force or coercion and unclothed genitals.
  338         2. For all qualifying offenses listed in sub-subparagraph
  339  (1)(a)1.d., the court shall make a written finding of the age of
  340  the offender at the time of the offense.
  341  
  342  For each violation of a qualifying offense listed in this
  343  subsection, except for a violation of s. 794.011, the court
  344  shall make a written finding of the age of the victim at the
  345  time of the offense. For a violation of s. 800.04(4), the court
  346  shall also make a written finding indicating whether the offense
  347  involved sexual activity and indicating whether the offense
  348  involved force or coercion. For a violation of s. 800.04(5), the
  349  court shall also make a written finding that the offense did or
  350  did not involve unclothed genitals or genital area and that the
  351  offense did or did not involve the use of force or coercion.
  352         Section 7. Paragraph (b) of subsection (1) of section
  353  944.606, Florida Statutes, is amended to read:
  354         944.606 Sexual offenders; notification upon release.—
  355         (1) As used in this section:
  356         (b) “Sexual offender” means a person who has been convicted
  357  of committing, or attempting, soliciting, or conspiring to
  358  commit, any of the criminal offenses proscribed in the following
  359  statutes in this state or similar offenses in another
  360  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  361  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  362  defendant is not the victim’s parent or guardian; s.
  363  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
  364  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  365  former s. 796.035; s. 796.04(2)(b) or (c); s. 796.05; s. 800.04;
  366  s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
  367  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
  368  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
  369  offense committed in this state which has been redesignated from
  370  a former statute number to one of those listed in this
  371  subsection, when the department has received verified
  372  information regarding such conviction; an offender’s
  373  computerized criminal history record is not, in and of itself,
  374  verified information.
  375         Section 8. Section 948.33, Florida Statutes, is created to
  376  read:
  377         948.33 Sex offender probation and community control terms
  378  and conditions.—
  379         (1) Conditions imposed pursuant to this section do not
  380  require oral pronouncement at the time of sentencing and shall
  381  be considered standard conditions of sex offender probation or
  382  community control for offenders specified in this section.
  383         (2) For a probationer or community controllee who is
  384  required to register as a sexual predator under s. 775.21 or
  385  sexual offender under s. 943.0435, s. 944.606, or s. 944.607 and
  386  who committed a qualifying offense on or after October 1, 2016,
  387  the court must impose the following conditions in addition to
  388  all other standard and special conditions imposed:
  389         (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
  390  designate another 8-hour period if the probationer’s or
  391  community controllee’s employment precludes such curfew and the
  392  alternative period is recommended by the Department of
  393  Corrections. If the court determines that imposing a curfew
  394  would endanger the victim, the court may consider alternative
  395  sanctions.
  396         (b) Active participation in and successful completion of a
  397  sexual offender treatment program with qualified practitioners
  398  specifically trained to treat sexual offenders, at the
  399  probationer’s or community controllee’s expense. If a qualified
  400  practitioner is not available within a 50-mile radius of the
  401  probationer’s or community controllee’s residence, the
  402  probationer or community controllee shall participate in other
  403  appropriate therapy.
  404         (c) A prohibition against any contact with the victim,
  405  directly or indirectly, including through a third person, unless
  406  approved by the victim, a qualified practitioner in the sexual
  407  offender treatment program, and the sentencing court.
  408         (d) A prohibition against viewing, accessing, owning, or
  409  possessing any obscene, pornographic, or sexually stimulating
  410  visual or auditory material unless otherwise indicated in the
  411  treatment plan provided by a qualified practitioner in the
  412  sexual offender treatment program. Visual or auditory material
  413  includes, but is not limited to, material transmitted by
  414  telephone, electronic media, computer programs, or computer
  415  services.
  416         (e) A prohibition against accessing the Internet or other
  417  computer services until a qualified practitioner in the
  418  probationer’s or community controllee’s sexual offender
  419  treatment program, after a risk assessment is completed,
  420  approves and implements a safety plan for the probationer’s or
  421  community controllee’s accessing or using the Internet or other
  422  computer services.
  423         (f) A requirement that the probationer or community
  424  controllee submit a specimen of blood or other approved
  425  biological specimen to the Department of Law Enforcement to be
  426  registered with the DNA data bank.
  427         (g) A requirement that the probationer or community
  428  controllee make restitution to the victim, as ordered by the
  429  court under s. 775.089, for all necessary medical and related
  430  professional services relating to physical, psychiatric, and
  431  psychological care.
  432         (h) Submission to a warrantless search by the community
  433  control or probation officer of the probationer’s or community
  434  controllee’s person, residence, and vehicle.
  435         (i) As part of a treatment program, submission at least
  436  annually to a polygraph examination, at the probationer’s or
  437  community controllee’s expense, to obtain information necessary
  438  for risk management and treatment and to reduce the
  439  probationer’s or community controllee’s denial mechanisms. A
  440  polygraph examination must be conducted by a polygrapher who is
  441  a member of a national or state polygraph association and who is
  442  certified as a postconviction sexual offender polygrapher, where
  443  available. The results of the polygraph examination shall be
  444  provided to the probationer’s or community controllee’s
  445  probation officer and qualified practitioner and may not be used
  446  as evidence in court to prove that a violation of community
  447  supervision has occurred.
  448         (j) Maintenance of a driving log and a prohibition against
  449  driving a motor vehicle alone without the prior approval of the
  450  community control or probation officer.
  451         (k) A prohibition against obtaining or using a post office
  452  box without the prior approval of the community control or
  453  probation officer.
  454         (l) If there was sexual contact, submission to, at the
  455  probationer’s or community controllee’s expense, an HIV test
  456  with the results to be released to the victim or the victim’s
  457  parent or guardian.
  458         (m) A requirement to submit to electronic monitoring.
  459         (3) If the victim was under the age of 18, the following
  460  conditions shall apply in addition to those provided in
  461  subsection (2):
  462         (a) A prohibition against living within 1,000 feet of a
  463  school, child care facility, park, playground, or other place
  464  where children regularly congregate, as prescribed by the court.
  465  The 1,000-foot distance shall be measured in a straight line
  466  from the offender’s place of residence to the nearest boundary
  467  line of the school, child care facility, park, playground, or
  468  other place where children regularly congregate. The distance
  469  may not be measured by a pedestrian route or motor vehicle
  470  route. A probationer or community controllee who is subject to
  471  this paragraph may not be forced to relocate and does not
  472  violate his or her probation or community control if he or she
  473  is living in a residence that meets the requirements of this
  474  paragraph and a school, child care facility, park, playground,
  475  or other place where children regularly congregate is
  476  subsequently established within 1,000 feet of his or her
  477  residence.
  478         (b) A prohibition against contact with a child under the
  479  age of 18 except as provided in this paragraph. The court may
  480  approve supervised contact with a child under the age of 18 if
  481  the approval is based on a recommendation for contact issued by
  482  a qualified practitioner who is basing the recommendation on a
  483  risk assessment. Further, the probationer or community
  484  controllee must be currently enrolled in or have successfully
  485  completed a sexual offender treatment program. The court may not
  486  grant supervised contact with a child if the contact is not
  487  recommended by a qualified practitioner and may deny supervised
  488  contact with a child at any time. When considering whether to
  489  approve supervised contact with a child, the court must review
  490  and consider the following:
  491         1. A risk assessment completed by a qualified practitioner.
  492  The qualified practitioner must prepare a written report that
  493  must include the findings of the assessment and address each of
  494  the following components:
  495         a. The probationer’s or community controllee’s current
  496  legal status.
  497         b. The probationer’s or community controllee’s history of
  498  adult charges with apparent sexual motivation.
  499         c. The probationer’s or community controllee’s history of
  500  adult charges without apparent sexual motivation.
  501         d. The probationer’s or community controllee’s history of
  502  juvenile charges, whenever available.
  503         e. The probationer’s or community controllee’s offender
  504  treatment history, including consultations with his or her
  505  treating, or most recent treating, therapist.
  506         f. The probationer’s or community controllee’s current
  507  mental status.
  508         g. The probationer’s or community controllee’s mental
  509  health and substance abuse treatment history as provided by the
  510  Department of Corrections.
  511         h. The probationer’s or community controllee’s personal,
  512  social, educational, and work history.
  513         i. The results of current psychological testing of the
  514  probationer or community controllee if determined necessary by
  515  the qualified practitioner.
  516         j. A description of the proposed contact, including the
  517  location, frequency, duration, and supervisory arrangement.
  518         k. The child’s preference and relative comfort level with
  519  the proposed contact, when age appropriate.
  520         l. The parent’s or legal guardian’s preference regarding
  521  the proposed contact.
  522         m. The qualified practitioner’s opinion, along with the
  523  basis for that opinion, as to whether the proposed contact would
  524  likely pose significant risk of emotional or physical harm to
  525  the child.
  526  
  527  The written report of the assessment must be given to the court.
  528         2. A recommendation made as a part of the risk assessment
  529  report as to whether supervised contact with the child should be
  530  approved.
  531         3. A written consent signed by the child’s parent or legal
  532  guardian, if the parent or legal guardian is not the probationer
  533  or community controllee, agreeing to the probationer’s or
  534  community controllee’s having supervised contact with the child
  535  after receiving full disclosure of the probationer’s or
  536  community controllee’s present legal status and past criminal
  537  history and the results of the risk assessment. The court may
  538  not approve contact with the child if the parent or legal
  539  guardian refuses to give written consent for supervised contact.
  540         4. A safety plan prepared by the qualified practitioner who
  541  provides treatment to the probationer or community controllee in
  542  collaboration with the probationer or community controllee, the
  543  child’s parent or legal guardian if the parent or legal guardian
  544  is not the probationer or community controllee, and the child,
  545  when age appropriate, which details the acceptable conditions of
  546  contact between the probationer or community controllee and the
  547  child. The safety plan must be reviewed and approved by the
  548  court.
  549         5. Evidence that the child’s parent or legal guardian
  550  understands the need for and agrees to the safety plan and has
  551  agreed to provide, or to designate another adult to provide,
  552  constant supervision any time the child is in contact with the
  553  probationer or community controllee.
  554  
  555  The court may not appoint a person to conduct a risk assessment
  556  and may not accept a risk assessment from a person who has not
  557  demonstrated to the court that he or she has met the
  558  requirements of a qualified practitioner.
  559         (c) A prohibition against working for pay or as a volunteer
  560  at a school, child care facility, park, playground, pet store,
  561  library, zoo, theme park, shopping mall, or other place where
  562  children regularly congregate.
  563         (d) A prohibition against visiting schools, child care
  564  facilities, parks, and playgrounds without prior approval from
  565  the probationer’s or community controllee’s community control or
  566  probation officer. The court may also designate additional
  567  prohibited locations in order to protect a victim. The
  568  prohibition ordered under this paragraph does not prohibit the
  569  probationer or community controllee from visiting a school,
  570  child care facility, park, or playground for the sole purpose of
  571  attending a religious service as defined in s. 775.0861 or
  572  transporting his or her children or grandchildren to or from a
  573  child care facility or school.
  574         (e) A prohibition against distributing candy or other items
  575  to children on Halloween, wearing a Santa Claus costume or other
  576  costume to appeal to children on or preceding Christmas Day,
  577  wearing an Easter Bunny costume or other costume to appeal to
  578  children on or preceding Easter Sunday, entertaining at
  579  children’s parties, or wearing a clown costume without prior
  580  approval from the court.
  581         (4) A sentencing court may, in its discretion, impose the
  582  probation or community control conditions described in this
  583  section on a probationer or community controllee not described
  584  in subsection (2) whose violations are relevant to this section.
  585         (5) Probationers and community controllees subject to this
  586  section and s. 948.30 must be supervised by the Department of
  587  Corrections with probation officers who have a caseload of no
  588  more than 30 offenders. The probation officers must be trained
  589  in sexual offender issues and the operation of electronic
  590  monitoring and global tracking.
  591         Section 9. If any provision of this act or its application
  592  to any person or circumstance is held invalid, the invalidity
  593  does not affect other provisions or applications of this act
  594  which can be given effect without the invalid provision or
  595  application, and to this end, the provisions of this act are
  596  severable.
  597         Section 10. This act shall take effect October 1, 2016.