HB 0037 2003
   
1 A bill to be entitled
2         An act relating to sexual offenders; amending s. 947.1405,
3   F.S.; prohibiting certain sexual offenders subject to
4   conditional release supervision from living within a
5   specified distance of certain places where children
6   congregate; creating s. 794.065, F.S.; prohibiting persons
7   convicted of certain sex crimes from residing within 1,000
8   feet of a school, day care center, park, or playground;
9   amending s. 1006.22, F.S.; requiring district school
10   boards to notify the Department of Corrections regarding
11   school bus stop locations; providing an effective date.
12         
13         Be It Enacted by the Legislature of the State of Florida:
14         
15         Section 1. Paragraph (a) of subsection (7) of section
16   947.1405, Florida Statutes, is amended to read:
17         947.1405 Conditional release program.--
18         (7)(a) Any inmate who is convicted of a crime committed on
19   or after October 1, 1995, or who has been previously convicted
20   of a crime committed on or after October 1, 1995, in violation
21   of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
22   subject to conditional release supervision, shall have, in
23   addition to any other conditions imposed, the following special
24   conditions imposed by the commission:
25         1. A mandatory curfew from 10 p.m. to 6 a.m. The
26   commission may designate another 8-hour period if the offender's
27   employment precludes the above specified time, and such
28   alternative is recommended by the Department of Corrections. If
29   the commission determines that imposing a curfew would endanger
30   the victim, the commission may consider alternative sanctions.
31         2. If the victim was under the age of 18, a prohibition on
32   living within 1,000 feet of a school, day care center, park,
33   playground,designated public school bus stop,or other place
34   where children regularly congregate.A school bus stop may not
35   be established or relocated within a distance of less than 1,000
36   feet from the existing residence of a releasee.
37         3. Active participation in and successful completion of a
38   sex offender treatment program with therapists specifically
39   trained to treat sex offenders, at the releasee's own expense.
40   If a specially trained therapist is not available within a 50-
41   mile radius of the releasee's residence, the offender shall
42   participate in other appropriate therapy.
43         4. A prohibition on any contact with the victim, directly
44   or indirectly, including through a third person, unless approved
45   by the victim, the offender's therapist, and the sentencing
46   court.
47         5. If the victim was under the age of 18, a prohibition
48   against direct contact or association with children under the
49   age of 18 until all of the following conditions are met:
50         a. Successful completion of a sex offender treatment
51   program.
52         b. The adult person who is legally responsible for the
53   welfare of the child has been advised of the nature of the
54   crime.
55         c. Such adult person is present during all contact or
56   association with the child.
57         d. Such adult person has been approved by the commission.
58         6. If the victim was under age 18, a prohibition on
59   working for pay or as a volunteer at any school, day care
60   center, park, playground, or other place where children
61   regularly congregate, as prescribed by the commission.
62         7. Unless otherwise indicated in the treatment plan
63   provided by the sexual offender treatment program, a prohibition
64   on viewing, owning, or possessing any obscene, pornographic, or
65   sexually stimulating visual or auditory material, including
66   telephone, electronic media, computer programs, or computer
67   services that are relevant to the offender's deviant behavior
68   pattern.
69         8. A requirement that the releasee must submit two
70   specimens of blood to the Florida Department of Law Enforcement
71   to be registered with the DNA database.
72         9. A requirement that the releasee make restitution to the
73   victim, as determined by the sentencing court or the commission,
74   for all necessary medical and related professional services
75   relating to physical, psychiatric, and psychological care.
76         10. Submission to a warrantless search by the community
77   control or probation officer of the probationer's or community
78   controllee's person, residence, or vehicle.
79         Section 2. Section 794.065, Florida Statutes, is created
80   to read:
81         794.065 Unlawful place of residence for persons convicted
82   of certain sex offenses.--
83         (1) It is unlawful for any person who has been convicted
84   of a violation of s. 794.011, s. 794.05, s. 800.04, s. 827.071,
85   or s. 847.0145, regardless of whether adjudication has been
86   withheld, in which the victim of the offense was less than 16
87   years of age, to reside within 1,000 feet of any school, day
88   care center, park, or playground. A person who violates this
89   section and whose conviction for s. 794.011, s. 794.05, s.
90   800.04, s. 827.071, or s. 847.0145 was classified as a felony of
91   the first degree or higher commits a felony of the third degree,
92   punishable as provided in s. 775.082 or s. 775.083. A person
93   who violates this section and whose conviction for s. 794.011,
94   s. 794.05, s. 800.04, s. 827.071, or s. 847.0145 was classified
95   as a felony of the second or third degree commits a misdemeanor
96   of the first degree, punishable as provided in s. 775.082 or s.
97   775.083.
98         (2) This section shall apply to any person convicted of a
99   violation of s. 794.011, s. 794.05, s. 800.04, s. 827.071, or s.
100   847.0145 for offenses that occur on or after October 1, 2003.
101         Section 3. Paragraph (c) of subsection (12) of section
102   1006.22, Florida Statutes, is amended to read:
103         1006.22 Safety and health of students being
104   transported.--Maximum regard for safety and adequate protection
105   of health are primary requirements that must be observed by
106   district school boards in routing buses, appointing drivers, and
107   providing and operating equipment, in accordance with all
108   requirements of law and rules of the State Board of Education in
109   providing transportation pursuant to s. 1006.21:
110         (12)
111         (c) Each district school board shall establish school bus
112   stops, or provide by district school board rule for the
113   establishment of school bus stops, as necessary at the most
114   reasonably safe locations available.Each district school board
115   shall provide to the Department of Corrections the location of
116   such school bus stops.Where unusual traffic hazards exist at
117   school bus stops on roads maintained by the state outside of
118   municipalities, the Department of Transportation, in concurrence
119   and cooperation with and upon request of the district school
120   board, shall place signs at such bus stops warning motorists of
121   the location of the stops.
122         Section 4. This act shall take effect October 1, 2003.
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