Amendment
Bill No. 0508

Amendment No. 165093

CHAMBER ACTION
Senate		House
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1	Representatives Simmons and Brandenburg offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraphs (f) and (g) of subsection (2),
6	paragraph (a) of subsection (7), and paragraph (b) of subsection
7	(10) of section 775.21, Florida Statutes, are amended to read:
8	775.21  The Florida Sexual Predators Act.--
9	(2)  DEFINITIONS.--As used in this section, the term:
10	(f)  "Permanent residence" means a place where the person
11	abides, lodges, or resides for 5 14 or more consecutive days.
12	(g)  "Temporary residence" means a place where the person
13	abides, lodges, or resides for a period of 5 14 or more days in
14	the aggregate during any calendar year and which is not the
15	person's permanent address; or, for a person whose permanent
16	residence is not in this state, a place where the person is
17	employed, practices a vocation, or is enrolled as a student for
18	any period of time in this state; or a place where the person
19	routinely abides, lodges, or resides for a period of 4 or more
20	consecutive or nonconsecutive days in any month and which is not
21	the person's permanent residence, including any out-of-state
22	address.
23	(7)  COMMUNITY AND PUBLIC NOTIFICATION.--
24	(a)  Law enforcement agencies must inform members of the
25	community and the public of a sexual predator's presence. Upon
26	notification of the presence of a sexual predator, the sheriff
27	of the county or the chief of police of the municipality where
28	the sexual predator establishes or maintains a permanent or
29	temporary residence shall notify members of the community and
30	the public of the presence of the sexual predator in a manner
31	deemed appropriate by the sheriff or the chief of police. Within
32	48 hours after receiving notification of the presence of a
33	sexual predator, the sheriff of the county or the chief of
34	police of the municipality where the sexual predator temporarily
35	or permanently resides shall notify each licensed day care
36	center, elementary school, middle school, and high school, and
37	library within a 1-mile radius of the temporary or permanent
38	residence of the sexual predator of the presence of the sexual
39	predator. Information provided to members of the community and
40	the public regarding a sexual predator must include:
41	1.  The name of the sexual predator;
42	2.  A description of the sexual predator, including a
43	photograph;
44	3.  The sexual predator's current address, including the
45	name of the county or municipality if known;
46	4.  The circumstances of the sexual predator's offense or
47	offenses; and
48	5.  Whether the victim of the sexual predator's offense or
49	offenses was, at the time of the offense, a minor or an adult.
50
51	This paragraph does not authorize the release of the name of any
52	victim of the sexual predator.
53	(10)  PENALTIES.--
54	(b)  A sexual predator who has been convicted of or found
55	to have committed, or has pled nolo contendere or guilty to,
56	regardless of adjudication, any violation, or attempted
57	violation, of s. 787.01, s. 787.02, or s. 787.025, where the
58	victim is a minor and the defendant is not the victim's parent;
59	s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
60	800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation
61	of a similar law of another jurisdiction, when the victim of the
62	offense was a minor, and who works, whether for compensation or
63	as a volunteer, at any business, school, day care center, park,
64	playground, library, or business or other place where children
65	regularly congregate, commits a felony of the third degree,
66	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
67	Section 2.  Section 775.215, Florida Statutes, is created
68	to read:
69	775.215  Residency exclusions for sexual offenders or
70	predators; local ordinances preempted.--
71	(1)  The establishment of residency exclusions applicable
72	to the residences of a person required to register as a sexual
73	offender or sexual predator is expressly preempted to the state,
74	and the provisions of ss. 794.065, 947.1405, and 948.30
75	establishing such exclusions supersede any municipal or county
76	ordinances imposing different exclusions.
77	(2)  A provision of any ordinance adopted by a county or
78	municipality prior to October 1, 2006, imposing residency
79	exclusions for the residences of persons subject to the
80	provisions of s. 794.065, s. 947.1405, or s. 948.30 is hereby
81	repealed and abolished as of October 1, 2006.
82	Section 3.  Subsection (2) of section 775.24, Florida
83	Statutes, is amended to read:
84	775.24  Duty of the court to uphold laws governing sexual
85	predators and sexual offenders.--
86	(2)  If a person meets the criteria in this chapter for
87	designation as a sexual predator or meets the criteria in s.
88	943.0435, s. 944.606, s. 944.607, or any other law for
89	classification as a sexual offender, the court may not enter an
90	order, for the purpose of approving a plea agreement or for any
91	other reason, which:
92	(a)  Exempts a person who meets the criteria for
93	designation as a sexual predator or classification as a sexual
94	offender from such designation or classification, or exempts
95	such person from the requirements for registration or community
96	and public notification imposed upon sexual predators and sexual
97	offenders, or exempts such person from the residency exclusions
98	contained in ss. 794.065, 947.1405, and 948.30;
99	(b)  Restricts the compiling, reporting, or release of
100	public records information that relates to sexual predators or
101	sexual offenders; or
102	(c)  Prevents any person or entity from performing its
103	duties or operating within its statutorily conferred authority
104	as such duty or authority relates to sexual predators or sexual
105	offenders.
106	Section 4.  Section 794.065, Florida Statutes, is amended
107	to read:
108	794.065  Unlawful place of residence for persons convicted
109	of certain sex offenses.--
110	(1)(a)1.  It is unlawful for any person who has been
111	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
112	or s. 847.0145, regardless of whether adjudication has been
113	withheld, in which the victim of the offense was less than 16
114	years of age, to reside within 1,000 feet of any school, day
115	care center, park, or playground.
116	2.  A person who violates this subsection section and whose
117	conviction for an offense listed in subparagraph 1. under s.
118	794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified
119	as:
120	a.  A felony of the first degree or higher, commits a
121	felony of the third degree, punishable as provided in s. 775.082
122	or s. 775.083. A person who violates this section and whose
123	conviction under s. 794.011, s. 800.04, s. 827.071, or s.
124	847.0145 was classified as
125	b.  A felony of the second or third degree, commits a
126	misdemeanor of the first degree, punishable as provided in s.
127	775.082 or s. 775.083.
128	(b)(2)  This subsection section applies to any person
129	convicted of an offense listed in subparagraph 1. if the offense
130	occurred a violation of s. 794.011, s. 800.04, s. 827.071, or s.
131	847.0145 for offenses that occur on or after October 1, 2004.
132	(2)(a)1.  It is unlawful for any person who has been
133	convicted of a violation of s. 787.01(3)(a)2., 3., 4., or 5., s.
134	787.02(3)(a)2., 3., 4., or 5., s. 794.011, s. 800.04, s.
135	827.071, or s. 847.0145, regardless of whether adjudication has
136	been withheld, in which the victim of the offense was less than
137	16 years of age, to reside within 1,500 feet of any school, day
138	care center, park, playground, library, or other business or
139	place where children regularly congregate.
140	2.  A person violating this subsection whose conviction of
141	an offense listed in subparagraph 1. was classified as:
142	a.  A felony of the first degree or higher, commits a
143	felony of the third degree, punishable as provided in s. 775.082
144	or s. 775.083.
145	b.  A felony of the second or third degree, commits a
146	misdemeanor of the first degree, punishable as provided in s.
147	775.082 or s. 775.083.
148	(b)  The distances in this subsection shall be measured in
149	a straight line from the offender's place of residence to the
150	nearest boundary line of the school, day care center, park,
151	playground, library, or other business or place where children
152	regularly congregate. The distance may not be measured by a
153	pedestrian route or automobile route.
154	(c)  This subsection applies to any person convicted of an
155	offense listed in subparagraph (a)1. if the offense occurred on
156	or after October 1, 2006.
157	Section 5.  Effective July 1, 2006, subsections (2) and (6)
158	and paragraph (a) of subsection (7) of section 947.1405, Florida
159	Statutes, are amended, and subsection (11) is added to that
160	section, to read:
161	947.1405  Conditional release program.--
162	(2)(a)  Any inmate who:
163	1.(a)  Is convicted of a crime committed on or after
164	October 1, 1988, and before January 1, 1994;, and any inmate who
165	is convicted of a crime committed on or after January 1, 1994,
166	which crime is or was contained in category 1, category 2,
167	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
168	Rules of Criminal Procedure (1993), and who has served at least
169	one prior felony commitment at a state or federal correctional
170	institution; or is convicted under any of the following
171	statutory provisions committed on or after July 1, 2006:
172	a.  Kidnapping, under s. 787.01(3)(a)2., 3., 4., or 5.;
173	b.  False imprisonment, under s. 787.02(3)(a)2., 3., 4., or
174	5.;
175	c.  Sexual performance by a child, under s. 827.071; or
176	d.  Selling or buying of minors, under s. 847.0145;
177	2.(b)  Is sentenced as a habitual or violent habitual
178	offender or a violent career criminal pursuant to s. 775.084; or
179	3.(c)  Is found to be a sexual predator under s. 775.21 or
180	former s. 775.23,
181
182	shall, upon reaching the tentative release date or provisional
183	release date, whichever is earlier, as established by the
184	Department of Corrections, be released under supervision subject
185	to specified terms and conditions, including payment of the cost
186	of supervision pursuant to s. 948.09. Such supervision shall be
187	applicable to all sentences within the overall term of sentences
188	if an inmate's overall term of sentences includes one or more
189	sentences that are eligible for conditional release supervision
190	as provided herein.
191	(b)  Effective July 1, 1994, and applicable for offenses
192	committed on or after that date, the commission may require, as
193	a condition of conditional release, that the releasee make
194	payment of the debt due and owing to a county or municipal
195	detention facility under s. 951.032 for medical care, treatment,
196	hospitalization, or transportation received by the releasee
197	while in that detention facility. The commission, in determining
198	whether to order such repayment and the amount of such
199	repayment, shall consider the amount of the debt, whether there
200	was any fault of the institution for the medical expenses
201	incurred, the financial resources of the releasee, the present
202	and potential future financial needs and earning ability of the
203	releasee, and dependents, and other appropriate factors.
204	(c)  If any inmate, other than an inmate required to
205	register as a sexual predator under s. 775.21 or as a sexual
206	offender under s. 943.0435, placed on conditional release
207	supervision is also subject to probation or community control,
208	resulting from a probationary or community control split
209	sentence within the overall term of sentences, the Department of
210	Corrections shall supervise such person according to the
211	conditions imposed by the court and the commission shall defer
212	to such supervision. If the court revokes probation or community
213	control and resentences the offender to a term of incarceration,
214	such revocation also constitutes a sufficient basis for the
215	revocation of the conditional release supervision on any
216	nonprobationary or noncommunity control sentence without further
217	hearing by the commission. If any such supervision on any
218	nonprobationary or noncommunity control sentence is revoked,
219	such revocation may result in a forfeiture of all gain-time, and
220	the commission may revoke the resulting deferred conditional
221	release supervision or take other action it considers
222	appropriate. If the term of conditional release supervision
223	exceeds that of the probation or community control, then, upon
224	expiration of the probation or community control, authority for
225	the supervision shall revert to the commission and the
226	supervision shall be subject to the conditions imposed by the
227	commission.
228	(d)  If any inmate required to register as a sexual
229	predator under s. 775.21 or as a sexual offender under s.
230	943.0435 is placed on conditional release supervision is also
231	subject to probation or community control, the period of court-
232	ordered community supervision shall not be substituted for
233	conditional release supervision and shall follow the term of
234	conditional release supervision.
235	(e)  A panel of no fewer than two commissioners shall
236	establish the terms and conditions of any such release. If the
237	offense was a controlled substance violation, the conditions
238	shall include a requirement that the offender submit to random
239	substance abuse testing intermittently throughout the term of
240	conditional release supervision, upon the direction of the
241	correctional probation officer as defined in s. 943.10(3). The
242	commission shall also determine whether the terms and conditions
243	of such release have been violated and whether such violation
244	warrants revocation of the conditional release.
245	(6)  The commission shall review the recommendations of the
246	department, and such other information as it deems relevant, and
247	may conduct a review of the inmate's record for the purpose of
248	establishing the terms and conditions of the conditional
249	release. The commission may impose any special conditions it
250	considers warranted from its review of the release plan and
251	recommendation. If the commission determines that the inmate is
252	eligible for release under this section, the commission shall
253	enter an order establishing the length of supervision and the
254	conditions attendant thereto. However, an inmate who has been
255	convicted of a violation of chapter 794 or found by the court to
256	be a sexual predator is subject to the maximum level of
257	supervision provided, with the mandatory conditions as required
258	in subsection (7), and that supervision shall continue through
259	the end of the releasee's original court-imposed sentence. The
260	length of supervision must not exceed the maximum penalty
261	imposed by the court. The commission may modify the conditions
262	of supervision at any time as warranted in the interest of
263	public safety.
264	(7)(a)  Any inmate who is convicted of a crime committed on
265	or after October 1, 1995, or who has been previously convicted
266	of a crime committed on or after October 1, 1995, in violation
267	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
268	subject to conditional release supervision, shall have, in
269	addition to any other conditions imposed, the following special
270	conditions imposed by the commission:
271	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
272	commission may designate another 8-hour period if the offender's
273	employment precludes the above specified time, and such
274	alternative is recommended by the Department of Corrections. If
275	the commission determines that imposing a curfew would endanger
276	the victim, the commission may consider alternative sanctions.
277	2.a.  If the victim was under the age of 18, a prohibition
278	on living within 1,000 feet of a school, day care center, park,
279	playground, designated public school bus stop, or other place
280	where children regularly congregate. A releasee who is subject
281	to this subparagraph may not relocate to a residence that is
282	within 1,000 feet of a public school bus stop.
283	b.  Beginning October 1, 2004, the commission or the
284	department may not approve a residence that is located within
285	1,000 feet of a school, day care center, park, playground,
286	designated school bus stop, or other place where children
287	regularly congregate for any releasee who is subject to this
288	subparagraph. On October 1, 2004, the department shall notify
289	each affected school district of the location of the residence
290	of a releasee 30 days prior to release and thereafter, if the
291	releasee relocates to a new residence, shall notify any affected
292	school district of the residence of the releasee within 30 days
293	after relocation. If, on October 1, 2004, any public school bus
294	stop is located within 1,000 feet of the existing residence of
295	such releasee, the district school board shall relocate that
296	school bus stop. Beginning October 1, 2004, a district school
297	board may not establish or relocate a public school bus stop
298	within 1,000 feet of the residence of a releasee who is subject
299	to this subparagraph. The failure of the district school board
300	to comply with this subparagraph shall not result in a violation
301	of conditional release supervision.
302	c.  Beginning October 1, 2006, neither the commission nor
303	the department may approve a residence located within 1,500 feet
304	of a school, day care center, park, playground, designated
305	school bus stop, library, or other business or place where
306	children regularly congregate for any releasee who is subject to
307	this subparagraph. The distance provided in this sub-
308	subparagraph shall be measured in a straight line from the
309	offender's place of residence to the nearest boundary line of
310	the school, day care center, park, playground, library, or other
311	business or place where children regularly congregate. The
312	distance may not be measured by a pedestrian route or automobile
313	route.
314	3.  Active participation in and successful completion of a
315	sex offender treatment program with qualified practitioners
316	specifically trained to treat sex offenders, at the releasee's
317	own expense. If a qualified practitioner is not available within
318	a 50-mile radius of the releasee's residence, the offender shall
319	participate in other appropriate therapy.
320	4.  A prohibition on any contact with the victim, directly
321	or indirectly, including through a third person, unless approved
322	by the victim, the offender's therapist, and the sentencing
323	court.
324	5.  If the victim was under the age of 18, a prohibition
325	against contact with children under the age of 18 without review
326	and approval by the commission. The commission may approve
327	supervised contact with a child under the age of 18 if the
328	approval is based upon a recommendation for contact issued by a
329	qualified practitioner who is basing the recommendation on a
330	risk assessment. Further, the sex offender must be currently
331	enrolled in or have successfully completed a sex offender
332	therapy program. The commission may not grant supervised contact
333	with a child if the contact is not recommended by a qualified
334	practitioner and may deny supervised contact with a child at any
335	time. When considering whether to approve supervised contact
336	with a child, the commission must review and consider the
337	following:
338	a.  A risk assessment completed by a qualified
339	practitioner. The qualified practitioner must prepare a written
340	report that must include the findings of the assessment and
341	address each of the following components:
342	(I)  The sex offender's current legal status;
343	(II)  The sex offender's history of adult charges with
344	apparent sexual motivation;
345	(III)  The sex offender's history of adult charges without
346	apparent sexual motivation;
347	(IV)  The sex offender's history of juvenile charges,
348	whenever available;
349	(V)  The sex offender's offender treatment history,
350	including a consultation from the sex offender's treating, or
351	most recent treating, therapist;
352	(VI)  The sex offender's current mental status;
353	(VII)  The sex offender's mental health and substance abuse
354	history as provided by the Department of Corrections;
355	(VIII)  The sex offender's personal, social, educational,
356	and work history;
357	(IX)  The results of current psychological testing of the
358	sex offender if determined necessary by the qualified
359	practitioner;
360	(X)  A description of the proposed contact, including the
361	location, frequency, duration, and supervisory arrangement;
362	(XI)  The child's preference and relative comfort level
363	with the proposed contact, when age-appropriate;
364	(XII)  The parent's or legal guardian's preference
365	regarding the proposed contact; and
366	(XIII)  The qualified practitioner's opinion, along with
367	the basis for that opinion, as to whether the proposed contact
368	would likely pose significant risk of emotional or physical harm
369	to the child.
370
371	The written report of the assessment must be given to the
372	commission.
373	b.  A recommendation made as a part of the risk-assessment
374	report as to whether supervised contact with the child should be
375	approved;
376	c.  A written consent signed by the child's parent or legal
377	guardian, if the parent or legal guardian is not the sex
378	offender, agreeing to the sex offender having supervised contact
379	with the child after receiving full disclosure of the sex
380	offender's present legal status, past criminal history, and the
381	results of the risk assessment. The commission may not approve
382	contact with the child if the parent or legal guardian refuses
383	to give written consent for supervised contact;
384	d.  A safety plan prepared by the qualified practitioner,
385	who provides treatment to the offender, in collaboration with
386	the sex offender, the child's parent or legal guardian, and the
387	child, when age appropriate, which details the acceptable
388	conditions of contact between the sex offender and the child.
389	The safety plan must be reviewed and approved by the Department
390	of Corrections before being submitted to the commission; and
391	e.  Evidence that the child's parent or legal guardian, if
392	the parent or legal guardian is not the sex offender,
393	understands the need for and agrees to the safety plan and has
394	agreed to provide, or to designate another adult to provide,
395	constant supervision any time the child is in contact with the
396	offender.
397
398	The commission may not appoint a person to conduct a risk
399	assessment and may not accept a risk assessment from a person
400	who has not demonstrated to the commission that he or she has
401	met the requirements of a qualified practitioner as defined in
402	this section.
403	6.  If the victim was under age 18, a prohibition on
404	working for pay or as a volunteer at any school, day care
405	center, park, playground, library, or other business or place
406	where children regularly congregate, as prescribed by the
407	commission.
408	7.  Unless otherwise indicated in the treatment plan
409	provided by the sexual offender treatment program, a prohibition
410	on viewing, owning, or possessing any obscene, pornographic, or
411	sexually stimulating visual or auditory material, including
412	telephone, electronic media, computer programs, or computer
413	services that are relevant to the offender's deviant behavior
414	pattern.
415	8.  Effective for a releasee whose crime is committed on or
416	after July 1, 2005, a prohibition on accessing the Internet or
417	other computer services until the offender's sex offender
418	treatment program, after a risk assessment is completed,
419	approves and implements a safety plan for the offender's
420	accessing or using the Internet or other computer services.
421	9.  A requirement that the releasee must submit two
422	specimens of blood to the Florida Department of Law Enforcement
423	to be registered with the DNA database.
424	10.  A requirement that the releasee make restitution to
425	the victim, as determined by the sentencing court or the
426	commission, for all necessary medical and related professional
427	services relating to physical, psychiatric, and psychological
428	care.
429	11.  Submission to a warrantless search by the community
430	control or probation officer of the probationer's or community
431	controllee's person, residence, or vehicle.
432	(11)  Effective for a releasee whose crime was a violation
433	of s. 787.01(3)(a)2., 3., 4., or 5. or s. 787.02(3)(a)2., 3.,
434	4., or 5., who committed the offense on or after October 1,
435	2006, and who was 18 years of age or older at the time of the
436	offense, in addition to any other provision of this section, the
437	commission must order electronic monitoring for the duration of
438	the releasee's supervision.
439	Section 6.  Effective July 1, 2006, subsection (8) is added
440	to section 947.141, Florida Statutes, to read:
441	947.141  Violations of conditional release, control
442	release, or conditional medical release or addiction-recovery
443	supervision.--
444	(8)  Because of the compelling state interest in protecting
445	the public from sexual offenders or sexual predators granted the
446	privilege of conditional release, in any hearing alleging a
447	violation of conditional release by a releasee for failure to
448	comply with the residency exclusion in s. 947.1405, the
449	inability of the releasee to locate a residence in compliance
450	with s. 947.1405 shall not be a defense to the finding of a
451	violation under this section.
452	Section 7.  Subsection (4) of section 948.06, Florida
453	Statutes, is amended to read:
454	948.06  Violation of probation or community control;
455	revocation; modification; continuance; failure to pay
456	restitution or cost of supervision.--
457	(4)  Notwithstanding any other provision of this section, a
458	probationer or an offender in community control who is arrested
459	for violating his or her probation or community control in a
460	material respect may be taken before the court in the county or
461	circuit in which the probationer or offender was arrested. That
462	court shall advise him or her of such charge of a violation and,
463	if such charge is admitted, shall cause him or her to be brought
464	before the court which granted the probation or community
465	control. If such violation is not admitted by the probationer or
466	offender, the court may commit him or her or release him or her
467	with or without bail to await further hearing. However, if the
468	probationer or offender is under supervision for any criminal
469	offense proscribed in chapter 794, s. 800.04(4), (5), (6), s.
470	827.071, or s. 847.0145, or is a registered sexual predator or a
471	registered sexual offender, or is under supervision for a
472	criminal offense for which he or she would meet the registration
473	criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the
474	effective date of those sections, the court must make a finding
475	that the probationer or offender poses no is not a danger to the
476	public prior to release with or without bail. In determining
477	that the offender poses no danger to the public the danger posed
478	by the offender's or probationer's release, the court may
479	consider the nature and circumstances of the violation and any
480	new offenses charged; the offender's or probationer's past and
481	present conduct, including convictions of crimes; any record of
482	arrests without conviction for crimes involving violence or
483	sexual crimes; any other evidence of allegations of unlawful
484	sexual conduct or the use of violence by the offender or
485	probationer; the offender's or probationer's family ties, length
486	of residence in the community, employment history, and mental
487	condition; his or her history and conduct during the probation
488	or community control supervision from which the violation arises
489	and any other previous supervisions, including disciplinary
490	records of previous incarcerations; the likelihood that the
491	offender or probationer will engage again in a criminal course
492	of conduct; the weight of the evidence against the offender or
493	probationer; whether the probationer is currently subject to
494	electronic monitoring; and any other facts the court considers
495	relevant. The court, as soon as is practicable, shall give the
496	probationer or offender an opportunity to be fully heard on his
497	or her behalf in person or by counsel. After such hearing, the
498	court shall make findings of fact and forward the findings to
499	the court which granted the probation or community control and
500	to the probationer or offender or his or her attorney. The
501	findings of fact by the hearing court are binding on the court
502	which granted the probation or community control. Upon the
503	probationer or offender being brought before it, the court which
504	granted the probation or community control may revoke, modify,
505	or continue the probation or community control or may place the
506	probationer into community control as provided in this section.
507	Section 8.  Section 948.063, Florida Statutes, is amended
508	to read:
509	948.063  Violations of probation or community control by
510	designated sexual offenders and sexual predators.--
511	(1)  If probation or community control for any felony
512	offense is revoked by the court pursuant to s. 948.06(2)(e) and
513	the offender is required to register designated as a sexual
514	offender or sexual predator under pursuant to s. 775.21 or as a
515	sexual offender under s. 943.0435 or s. 944.607 for unlawful
516	sexual activity involving a victim under 16 15 years of age or
517	younger and the offender is 18 years of age or older, and if the
518	court imposes a subsequent term of supervision following the
519	revocation of probation or community control, the court must
520	order electronic monitoring as a condition of the subsequent
521	term of probation or community control.
522	(2)  If the probationer or offender is required to register
523	as a sexual predator under s. 775.21 or as a sexual offender
524	under s. 943.0435 for unlawful sexual activity involving a
525	victim under 16 years of age and the probationer or offender is
526	18 years of age or older and has violated the conditions of his
527	or her probation or community control, but the court does not
528	revoke the probation or community control, the court shall
529	nevertheless modify the probation or community control to
530	include electronic monitoring for any probationer or offender
531	not then subject to electronic monitoring.
532	Section 9.  Effective September 1, 2006, paragraph (b) of
533	subsection (1) and subsection (3) of section 948.30, Florida
534	Statutes, are amended, and subsection (4) is added to that
535	section, to read:
536	948.30  Additional terms and conditions of probation or
537	community control for certain sex offenses.--Conditions imposed
538	pursuant to this section do not require oral pronouncement at
539	the time of sentencing and shall be considered standard
540	conditions of probation or community control for offenders
541	specified in this section.
542	(1)  Effective for probationers or community controllees
543	whose crime was committed on or after October 1, 1995, and who
544	are placed under supervision for violation of chapter 794, s.
545	800.04, s. 827.071, or s. 847.0145, the court must impose the
546	following conditions in addition to all other standard and
547	special conditions imposed:
548	(b)1.  Except as provided in subparagraph 2., if the victim
549	was under the age of 18, a prohibition on living within 1,000
550	feet of a school, day care center, park, playground, or other
551	place where children regularly congregate, as prescribed by the
552	court. The 1,000-foot distance shall be measured in a straight
553	line from the offender's place of residence to the nearest
554	boundary line of the school, day care center, park, playground,
555	or other place where children regularly congregate. The distance
556	may not be measured by a pedestrian route or automobile route.
557	2.  For probationers or community controllees whose crime
558	was committed on or after October 1, 2006, if the victim was
559	under the age of 18, a prohibition on living within 1,500 feet
560	of a school, day care center, park, playground, library, or
561	other business or place where children regularly congregate, as
562	prescribed by the court. This distance shall be measured in a
563	straight line from the offender's place of residence to the
564	nearest boundary line of the school, day care center, park,
565	playground, library, or other business or place where children
566	regularly congregate. The distance may not be measured by a
567	pedestrian route or automobile route.
568	(3)  Effective for a probationer or community controllee
569	whose felony offense crime was committed on or after September
570	1, 2005, and who:
571	(a)  Is placed on probation or community control for a
572	violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
573	or s. 847.0145 and the unlawful sexual activity involved a
574	victim under 16 15 years of age or younger and the offender is
575	18 years of age or older;
576	(b)  Is designated a sexual predator pursuant to s. 775.21;
577	or
578	(c)  Has previously been convicted of a violation of
579	chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
580	847.0145 and the unlawful sexual activity involved a victim
581	under 16 15 years of age or younger and the offender is 18 years
582	of age or older,
583
584	the court must order, in addition to any other provision of this
585	section, mandatory electronic monitoring as a condition of the
586	probation or community control supervision.
587	(4)  Effective for a probationer or community controllee
588	whose felony offense was committed on or after September 1,
589	2006, and who:
590	(a)  Is placed on probation or community control for a
591	violation of s. 787.01(3)(a)2., 3., 4., or 5., s.
592	787.02(3)(a)2., 3., 4., or 5., chapter 794, s. 800.04(4), (5),
593	or (6), s. 827.071, or s. 847.0145 and the unlawful sexual
594	activity involved a victim under 16 years of age and the
595	offender is 18 years of age or older;
596	(b)  Is designated a sexual predator pursuant to s. 775.21;
597	or
598	(c)  Has previously been convicted of a violation of s.
599	787.01(3)(a)2., 3., 4., or 5., s. 787.02(3)(a)2., 3., 4., or 5.,
600	chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
601	847.0145 and the unlawful sexual activity involved a victim
602	under 16  years of age and the offender is 18 years of age or
603	older,
604
605	the court must order, in addition to any other provision of this
606	section, mandatory electronic monitoring as a condition of the
607	probation or community control supervision.
608	Section 10.  Except as otherwise expressly provided in this
609	act, this act shall take effect October 1, 2006.
610
611	======= T I T L E  A M E N D M E N T ==========
612	Remove the entire title and insert:
613	A bill to be entitled
614	An act relating to sexual offenders and predators;
615	amending s. 775.21, F.S.; redefining the terms "permanent
616	residence" and "temporary residence" in order to reduce
617	the number of consecutive days and days in the aggregate
618	that constitute the residence of a sexual predator for
619	purposes of requirements that the predator register with
620	the Department of Law Enforcement, the sheriff's office,
621	or the Department of Corrections; revising provisions
622	relating to reimbursement of specified costs by sexual
623	predators; revising provisions relating to the residence
624	of sexual predators; providing penalties; creating s.
625	775.215, F.S.; specifying residency exclusions for sexual
626	offenders or sexual predators; preempting and repealing
627	certain local ordinances; amending s. 775.24, F.S.;
628	revising provisions relating to residency exclusions for
629	sexual predators and sexual offenders; amending s.
630	794.065, F.S.; providing additional residency restrictions
631	on certain offenders; providing penalties; amending s.
632	947.1405, F.S.; providing additional conditional release
633	restrictions for certain offenders; amending s. 947.141,
634	F.S.; revising provisions relating to hearings alleging a
635	violation of community release by specified releasees for
636	failure to comply with specified residency exclusions;
637	amending s. 948.06, F.S.; revising provisions relating to
638	probation or community control for sexual predators and
639	sexual offenders; amending s. 948.063, F.S.; revising
640	provisions relating to violations of probation or
641	community control by designated sexual offenders and
642	sexual predators; amending s. 948.30, F.S.; revising
643	provisions relating to terms and conditions of probation
644	or community control for certain sex offenses; providing
645	effective dates.

CODING: Words stricken are deletions; words underlined are additions.