House Bill hb0079e1

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                                         CS/HB 79, First Engrossed



  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

  3         s. 234.02(12)(c), F.S.; requiring school bus

  4         stop location information; amending s.

  5         947.1405, F.S.; prohibiting certain sexual

  6         offenders subject to conditional release

  7         supervision from living within a specified

  8         distance of certain places where children

  9         congregate; creating s. 794.065, F.S.;

10         prohibiting persons convicted of certain sex

11         crimes from residing within 1,000 feet of a

12         school, day care center, park, or playground;

13         providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Paragraph (c) of subsection (12) of section

18  234.02, Florida Statutes, is amended to read:

19         234.02  Safety and health of pupils.--Maximum regard

20  for safety and adequate protection of health are primary

21  requirements that must be observed by school boards in routing

22  buses, appointing drivers, and providing and operating

23  equipment, in accordance with all requirements of law and

24  regulations of the commissioner in providing transportation

25  pursuant to s. 234.01:

26         (a)  The routing and scheduling of school buses must be

27  planned to eliminate the necessity for children to stand while

28  a school bus is in motion. When circumstances of an emergency

29  nature temporarily require transporting children on school

30  buses in excess of the rated seating capacity, the buses must

31  proceed at a reduced rate of speed to maximize safety of the


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                                         CS/HB 79, First Engrossed



  1  students, taking into account existing traffic conditions.

  2  Each school board is responsible for prompt relief of the

  3  emergency condition by providing additional equipment, bus

  4  rerouting, bus rescheduling, or other appropriate remedial

  5  action.

  6         (b)  Each school board, after considering

  7  recommendations from the superintendent, shall designate, by

  8  map or otherwise, or shall provide by school board rule for

  9  the designation of, nontransportation zones that are composed

10  of all areas in the district from which it is unnecessary or

11  impracticable to furnish transportation. Nontransportation

12  zones must be designated annually before the opening of school

13  and the designation of bus routes for the succeeding school

14  year. Each school board, after considering recommendations

15  from the superintendent, shall specifically designate, or

16  shall provide by school board rule for the designation of,

17  specific routes to be traveled regularly by school buses, and

18  each route must meet the requirements prescribed by rules of

19  the commissioner.

20         (c)  Each district school board shall establish school

21  bus stops, or provide by school board rule for the

22  establishment of school bus stops, as necessary at the most

23  reasonably safe locations available. Each district school

24  board shall provide to the Department of Corrections the

25  location of such school bus stops.  Where unusual traffic

26  hazards exist at school bus stops on roads maintained by the

27  state outside of municipalities, the Department of

28  Transportation, in concurrence and cooperation with and upon

29  request of the district school board, shall place signs at

30  such bus stops warning motorists of the location of the stops.

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                                         CS/HB 79, First Engrossed



  1         Section 2.  Paragraph (a) of subsection (7) of section

  2  947.1405, Florida Statutes, is amended to read:

  3         947.1405  Conditional release program.--

  4         (7)(a)  Any inmate who is convicted of a crime

  5  committed on or after October 1, 1995, or who has been

  6  previously convicted of a crime committed on or after October

  7  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

  8  or s. 847.0145, and is subject to conditional release

  9  supervision, shall have, in addition to any other conditions

10  imposed, the following special conditions imposed by the

11  commission:

12         1.  A mandatory curfew from 10 p.m. to 6 a.m. The

13  commission may designate another 8-hour period if the

14  offender's employment precludes the above specified time, and

15  such alternative is recommended by the Department of

16  Corrections. If the commission determines that imposing a

17  curfew would endanger the victim, the commission may consider

18  alternative sanctions.

19         2.  If the victim was under the age of 18, a

20  prohibition on living within 1,000 feet of a school, day care

21  center, park, playground, designated public school bus stop,

22  or other place where children regularly congregate.  In the

23  event a school, day care center, park, playground, or

24  designated public school bus stop is established or relocated

25  at a distance less than 1,000 feet from the residence of a

26  releasee, the department shall immediately notify such

27  releasee and he or she must relocate his or her residence

28  within 120 days from the date of the notice.

29         3.  Active participation in and successful completion

30  of a sex offender treatment program with therapists

31  specifically trained to treat sex offenders, at the releasee's


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                                         CS/HB 79, First Engrossed



  1  own expense. If a specially trained therapist is not available

  2  within a 50-mile radius of the releasee's residence, the

  3  offender shall participate in other appropriate therapy.

  4         4.  A prohibition on any contact with the victim,

  5  directly or indirectly, including through a third person,

  6  unless approved by the victim, the offender's therapist, and

  7  the sentencing court.

  8         5.  If the victim was under the age of 18, a

  9  prohibition against direct contact or association with

10  children under the age of 18 until all of the following

11  conditions are met:

12         a.  Successful completion of a sex offender treatment

13  program.

14         b.  The adult person who is legally responsible for the

15  welfare of the child has been advised of the nature of the

16  crime.

17         c.  Such adult person is present during all contact or

18  association with the child.

19         d.  Such adult person has been approved by the

20  commission.

21         6.  If the victim was under age 18, a prohibition on

22  working for pay or as a volunteer at any school, day care

23  center, park, playground, or other place where children

24  regularly congregate, as prescribed by the commission.

25         7.  Unless otherwise indicated in the treatment plan

26  provided by the sexual offender treatment program, a

27  prohibition on viewing, owning, or possessing any obscene,

28  pornographic, or sexually stimulating visual or auditory

29  material, including telephone, electronic media, computer

30  programs, or computer services that are relevant to the

31  offender's deviant behavior pattern.


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                                         CS/HB 79, First Engrossed



  1         8.  A requirement that the releasee must submit two

  2  specimens of blood to the Florida Department of Law

  3  Enforcement to be registered with the DNA database.

  4         9.  A requirement that the releasee make restitution to

  5  the victim, as determined by the sentencing court or the

  6  commission, for all necessary medical and related professional

  7  services relating to physical, psychiatric, and psychological

  8  care.

  9         10.  Submission to a warrantless search by the

10  community control or probation officer of the probationer's or

11  community controllee's person, residence, or vehicle.

12         Section 3.  Section 794.065, Florida Statutes, is

13  created to read:

14         794.065  Unlawful place of residence for persons

15  convicted of certain sex offenses.--

16         (1)  It is unlawful for any person who has been

17  convicted of a violation of s. 794.011, s. 794.05, s. 800.04,

18  s. 827.071, or s. 847.0145, regardless of whether adjudication

19  has been withheld, in which the victim of the offense was less

20  than 16 years of age, to reside within 1,000 feet of any

21  school, day care center, park, or playground.  A person who

22  violates this section and whose conviction for s. 794.011, s.

23  794.05, s. 800.04, s. 827.071, or s. 847.0145 was classified

24  as a felony of the first degree or higher commits a felony of

25  the third degree, punishable as provided in s. 775.082 or s.

26  775.083.  A person who violates this section and whose

27  conviction for s. 794.011, s. 794.05, s. 800.04, s. 827.071,

28  or s. 847.0145 was classified as a felony of the second or

29  third degree commits a misdemeanor of the first degree,

30  punishable as provided in s. 775.082 or s. 775.083.

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                                         CS/HB 79, First Engrossed



  1         (2)  This section shall apply to any person convicted

  2  of a violation of s. 794.011, s. 794.05, s. 800.04, s.

  3  827.071, or s. 847.0145 for offenses that occur on or after

  4  October 1, 2002.

  5         Section 4.  This act shall take effect October 1, 2002.

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