Senate Bill sb0120

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    Florida Senate - 2004                                   SB 120

    By Senator Fasano





    11-126-04

  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

  3         s. 947.1405, F.S.; prohibiting certain sexual

  4         offenders subject to conditional release

  5         supervision from living within a specified

  6         distance of certain places where children

  7         congregate; prohibiting the Parole Commission

  8         and the Department of Corrections from

  9         approving a residence for a releasee which is

10         located within a specified distance of certain

11         places where children congregate; prohibiting

12         district school boards from establishing school

13         bus stops within 1,000 feet of the residence of

14         persons prohibited from living within 1,000

15         feet of a school bus stop; providing that

16         failure of the district to comply with such

17         provision is not a violation by the resident;

18         creating s. 794.065, F.S.; prohibiting persons

19         convicted of certain sex crimes from residing

20         within 1,000 feet of a school, day care center,

21         park, or playground; amending s. 1006.22, F.S.;

22         requiring district school boards to notify the

23         Department of Corrections regarding school bus

24         stop locations; providing an effective date.

25  

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

27  

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

29  947.1405, Florida Statutes, is amended to read:

30         947.1405  Conditional release program.--

31  

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    Florida Senate - 2004                                   SB 120
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 1         (7)(a)  Any inmate who is convicted of a crime

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

 3  previously convicted of a crime committed on or after October

 4  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

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

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

 7  imposed, the following special conditions imposed by the

 8  commission:

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

10  commission may designate another 8-hour period if the

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

12  such alternative is recommended by the Department of

13  Corrections. If the commission determines that imposing a

14  curfew would endanger the victim, the commission may consider

15  alternative sanctions.

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

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

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

19  or other place where children regularly congregate. A releasee

20  who is subject to this subparagraph may not relocate to a

21  residence that is within 1,000 feet of a public school bus

22  stop. Beginning October 1, 2004, the commission or the

23  department may not approve a residence that is located within

24  1,000 feet of a school, day care center, park, playground,

25  designated school bus stop, or other place where children

26  regularly congregate for any releasee who is subject to this

27  subparagraph. If, on October 1, 2004, any public school bus

28  stop is located within 1,000 feet of the existing residence of

29  such releasee, the district school board shall relocate that

30  school bus stop. Beginning October 1, 2004, a district school

31  board may not establish or relocate a public school bus stop

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    Florida Senate - 2004                                   SB 120
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 1  within 1,000 feet of the residence of a releasee who is

 2  subject to this subparagraph. The failure of the district

 3  school board to comply with this subparagraph shall not result

 4  in a violation of conditional release supervision.

 5         3.  Active participation in and successful completion

 6  of a sex offender treatment program with therapists

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

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

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

10  offender shall participate in other appropriate therapy.

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

12  directly or indirectly, including through a third person,

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

14  the sentencing court.

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

16  prohibition against direct contact or association with

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

18  conditions are met:

19         a.  Successful completion of a sex offender treatment

20  program.

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

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

23  crime.

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

25  association with the child.

26         d.  Such adult person has been approved by the

27  commission.

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

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

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

31  regularly congregate, as prescribed by the commission.

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 1         7.  Unless otherwise indicated in the treatment plan

 2  provided by the sexual offender treatment program, a

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

 4  pornographic, or sexually stimulating visual or auditory

 5  material, including telephone, electronic media, computer

 6  programs, or computer services that are relevant to the

 7  offender's deviant behavior pattern.

 8         8.  A requirement that the releasee must submit two

 9  specimens of blood to the Florida Department of Law

10  Enforcement to be registered with the DNA database.

11         9.  A requirement that the releasee make restitution to

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

13  commission, for all necessary medical and related professional

14  services relating to physical, psychiatric, and psychological

15  care.

16         10.  Submission to a warrantless search by the

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

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

19         Section 2.  Section 794.065, Florida Statutes, is

20  created to read:

21         794.065  Unlawful place of residence for persons

22  convicted of certain sex offenses.--

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

24  convicted of a violation of s. 794.011, s. 800.04, s. 827.071,

25  or s. 847.0145, regardless of whether adjudication has been

26  withheld, in which the victim of the offense was less than 16

27  years of age, to reside within 1,000 feet of any school, day

28  care center, park, or playground.  A person who violates this

29  section and whose conviction under s. 794.011, s. 800.04, s.

30  827.071, or s. 847.0145 was classified as a felony of the

31  first degree or higher commits a felony of the third degree,

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 1  punishable as provided in s. 775.082 or s. 775.083.  A person

 2  who violates this section and whose conviction under s.

 3  794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified

 4  as a felony of the second or third degree commits a

 5  misdemeanor of the first degree, punishable as provided in s.

 6  775.082 or s. 775.083.

 7         (2)  This section applies to any person convicted of a

 8  violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145

 9  for offenses that occur on or after October 1, 2004.

10         Section 3.  Paragraph (c) of subsection (12) of section

11  1006.22, Florida Statutes, is amended to read:

12         1006.22  Safety and health of students being

13  transported.--Maximum regard for safety and adequate

14  protection of health are primary requirements that must be

15  observed by district school boards in routing buses,

16  appointing drivers, and providing and operating equipment, in

17  accordance with all requirements of law and rules of the State

18  Board of Education in providing transportation pursuant to s.

19  1006.21:

20         (12)

21         (c)  Each district school board shall establish school

22  bus stops, or provide by district school board rule for the

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

24  reasonably safe locations available. Each district school

25  board shall provide to the Department of Corrections the

26  location of those school bus stops. Where unusual traffic

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

28  state outside of municipalities, the Department of

29  Transportation, in concurrence and cooperation with and upon

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

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

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    Florida Senate - 2004                                   SB 120
    11-126-04




 1         Section 4.  This act shall take effect October 1, 2004.

 2  

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 4                          SENATE SUMMARY

 5    Prohibits certain sexual offenders subject to conditional
      release supervision from living within a specified
 6    distance of certain places where children congregate.
      Prohibits district school boards from establishing school
 7    bus stops within 1,000 feet of the residence of persons
      prohibited from living within 1,000 feet of a school bus
 8    stop. Provides that the failure of a school district to
      comply with this restriction will not result in a
 9    violation of the resident's conditional release.
      Prohibits persons convicted of certain sex crimes from
10    residing within 1,000 feet of a school, day care center,
      park, or playground. Requires district school boards to
11    notify the Department of Corrections of the location of
      each school bus stop.
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