HB 157

1	A bill to be entitled
2	An act relating to sexual offenders and predators;
3	amending s. 775.21, F.S.; revising provisions relating to
4	reporting requirements for sexual predators in transient
5	status; prohibiting sexual predators from loitering or
6	prowling within a specified distance of certain
7	facilities; providing criminal penalties; providing
8	exceptions; amending s. 943.0435, F.S.; revising
9	provisions relating to reporting requirements for sexual
10	offenders in transient status; prohibiting sexual
11	offenders from loitering or prowling within a specified
12	distance of certain facilities; providing criminal
13	penalties; providing exceptions; amending s. 947.1405,
14	F.S.; revising provisions relating to polygraph
15	examinations of specified conditional releasees who have
16	committed specified sexual offenses; providing additional
17	restrictions for certain conditional releasees who
18	committed sexual offenses with minors under the age of 16;
19	amending s. 948.30, F.S.; revising provisions relating to
20	polygraph examinations of specified probationers or
21	community controllees who have committed specified sexual
22	offenses; providing additional restrictions for certain
23	probationers or community controllees who committed sexual
24	offenses with minors under the age of 16; amending s.
25	948.31, F.S.; deleting a requirement for diagnosis of
26	certain sexual predators and offenders on community
27	control; revising provisions relating to treatment for
28	such offenders and predators; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Paragraph (g) of subsection (6) of section
33	775.21, Florida Statutes, is amended, and paragraph (h) is added
34	subsection (10) of that section, to read:
35	775.21  The Florida Sexual Predators Act.--
36	(6)  REGISTRATION.--
37	(g)1.  Each time a sexual predator's driver's license or
38	identification card is subject to renewal, and, without regard
39	to the status of the predator's driver's license or
40	identification card, within 48 hours after any change of the
41	predator's residence or change in the predator's name by reason
42	of marriage or other legal process, the predator shall report in
43	person to a driver's license office and shall be subject to the
44	requirements specified in paragraph (f). The Department of
45	Highway Safety and Motor Vehicles shall forward to the
46	department and to the Department of Corrections all photographs
47	and information provided by sexual predators. Notwithstanding
48	the restrictions set forth in s. 322.142, the Department of
49	Highway Safety and Motor Vehicles is authorized to release a
50	reproduction of a color-photograph or digital-image license to
51	the Department of Law Enforcement for purposes of public
52	notification of sexual predators as provided in this section.
53	2.  A sexual predator who vacates a permanent residence and
54	fails to establish or maintain another permanent or temporary
55	residence shall, within 48 hours after vacating the permanent
56	residence, report in person to the sheriff's office of the
57	county in which he or she is located and report his or her
58	transient status. The sexual predator shall specify the date
59	upon which he or she intends to or did vacate such residence.
60	The sexual predator must provide or update all of the
61	registration information required under paragraph (a). The
62	sexual predator must provide an address for the residence or
63	other location that he or she is or will be occupying during the
64	time in which he or she fails to establish or maintain a
65	permanent or temporary residence. While in transient status, the
66	sexual predator is required to report in person every 2 weeks to
67	the sheriff's office of the county in which he or she is
68	located.
69	3.  A sexual predator who remains at a permanent residence
70	after reporting his or her intent to vacate such residence
71	shall, within 48 hours after the date upon which the predator
72	indicated he or she would or did vacate such residence, report
73	in person to the sheriff's office to which he or she reported
74	pursuant to subparagraph 2. for the purpose of reporting his or
75	her address at such residence. When the sheriff receives the
76	report, the sheriff shall promptly convey the information to the
77	department. An offender who makes a report as required under
78	subparagraph 2. but fails to make a report as required under
79	this subparagraph commits a felony of the second degree,
80	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
81
82	The sheriff shall promptly provide to the department the
83	information received from the sexual predator.
84	(10)  PENALTIES.--
85	(h)  A sexual predator who loiters or prowls, as defined in
86	s. 856.021, within 300 feet of a place where children regularly
87	congregate, including, but not limited to, a school, day care
88	center, playground, or park, without a justifiable reason or
89	purpose commits a misdemeanor of the first degree, punishable as
90	provided in s. 775.082 or s. 775.083. A sexual predator does not
91	violate this paragraph while he or she is dropping off or
92	picking up his or her own children at school or attending parent
93	conferences or other related activities involving his or her own
94	children.
95	Section 2.  Paragraph (b) of subsection (4) of section
96	943.0435, Florida Statutes, is amended, and subsection (15) is
97	added to that section, to read:
98	943.0435  Sexual offenders required to register with the
99	department; penalty.--
100	(4)
101	(b)  A sexual offender who vacates a permanent residence
102	and fails to establish or maintain another permanent or
103	temporary residence shall, within 48 hours after vacating the
104	permanent residence, report in person to the sheriff's office of
105	the county in which he or she is located and report his or her
106	transient status. The sexual offender shall specify the date
107	upon which he or she intends to or did vacate such residence.
108	The sexual offender must provide or update all of the
109	registration information required under paragraph (2)(b). The
110	sexual offender must provide an address for the residence or
111	other location that he or she is or will be occupying during the
112	time in which he or she fails to establish or maintain a
113	permanent or temporary residence. While in transient status, the
114	sexual offender is required to report in person every 2 weeks to
115	the sheriff's office of the county in which he or she is
116	located.
117	(15)  A sexual offender who loiters or prowls, as defined
118	in s. 856.021, within 300 feet of a place where children
119	regularly congregate, including, but not limited to, a school,
120	day care center, playground, or park, without a justifiable
121	reason or purpose commits a misdemeanor of the first degree,
122	punishable as provided in s. 775.082 or s. 775.083. A sexual
123	offender does not violate this subsection while he or she is
124	dropping off or picking up his or her own children at school or
125	attending parent conferences or other related activities
126	involving his or her own children.
127	Section 3.  Paragraph (b) of subsection (7) of section
128	947.1405, Florida Statutes, is amended, and subsection (11) is
129	added to that section, to read:
130	947.1405  Conditional release program.--
131	(7)
132	(b)  For a releasee whose crime was committed on or after
133	October 1, 1997, in violation of chapter 794, s. 800.04, s.
134	827.071, or s. 847.0145, and who is subject to conditional
135	release supervision, in addition to any other provision of this
136	subsection, the commission shall impose the following additional
137	conditions of conditional release supervision:
138	1.  As part of a treatment program, participation in a
139	minimum of one annual polygraph examination to obtain
140	information necessary for risk management and treatment and to
141	reduce the sex offender's denial mechanisms. The polygraph
142	examination must be conducted by a polygrapher trained
143	specifically in the use of the polygraph for the monitoring of
144	sex offenders who has been authorized by the department and
145	approved by the court, where available, and at the expense of
146	the releasee sex offender. The results of the polygraph
147	examination shall be provided to the releasee's probation
148	officer and therapist and shall not be used as evidence in a
149	hearing to prove that a violation of supervision has occurred.
150	2.  Maintenance of a driving log and a prohibition against
151	driving a motor vehicle alone without the prior approval of the
152	supervising officer.
153	3.  A prohibition against obtaining or using a post office
154	box without the prior approval of the supervising officer.
155	4.  If there was sexual contact, a submission to, at the
156	releasee's probationer's or community controllee's expense, an
157	HIV test with the results to be released to the victim or the
158	victim's parent or guardian.
159	5.  Electronic monitoring of any form when ordered by the
160	commission.
161	(11)(a)  Effective July 1, 2007, the commission must, in
162	addition to all other provisions of this section, impose the
163	special conditions set forth in paragraph (b) on the following
164	releasees:
165	1.  A releasee whose crime was committed on or after July
166	1, 2007, in violation of chapter 794; s. 800.04(4), (5), or (6);
167	s. 827.071; or s. 847.0145 in this state or a releasee who has
168	committed on or after that date a similar offense in another
169	jurisdiction when, at the time of the offense, the victim was
170	under 16 years of age and the releasee was 18 years of age or
171	older.
172	2.  A releasee who is designated as a sexual predator under
173	s. 775.21.
174	3.  A releasee designated as a sexual predator under s.
175	775.21 or subject to registration as a sexual offender pursuant
176	to s. 943.0435 who has committed an offense that would meet the
177	criteria for the designation or registration when at the time of
178	the offense the victim was under 16 years of age and the
179	releasee was 18 years of age or older, who commits a violation
180	of s. 775.21 or s. 943.0435 on or after July 1, 2007, and who is
181	not otherwise subject to this paragraph.
182	(b)  The commission must order:
183	1.  A prohibition on visiting exclusionary zones such as
184	areas where children regularly congregate, including, but not
185	limited to, schools, day care centers, parks, and playgrounds.
186	The commission may also designate additional exclusionary zones
187	to protect the victim.
188	2.  A prohibition on participation in a holiday event
189	involving children under 18 years of age without prior approval
190	from the commission. Such events include distributing candy or
191	other items to children on Halloween, wearing a Santa Claus
192	costume on or preceding Christmas, being employed as a Santa
193	Claus, wearing an Easter Bunny costume on or preceding Easter,
194	entertaining at children's parties, or wearing a clown costume.
195	Section 4.  Paragraph (a) of subsection (2) of section
196	948.30, Florida Statutes, is amended, and subsection (4) is
197	added to that section, to read:
198	948.30  Additional terms and conditions of probation or
199	community control for certain sex offenses.--Conditions imposed
200	pursuant to this section do not require oral pronouncement at
201	the time of sentencing and shall be considered standard
202	conditions of probation or community control for offenders
203	specified in this section.
204	(2)  Effective for a probationer or community controllee
205	whose crime was committed on or after October 1, 1997, and who
206	is placed on community control or sex offender probation for a
207	violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
208	in addition to any other provision of this section, the court
209	must impose the following conditions of probation or community
210	control:
211	(a)  As part of a treatment program, participation at least
212	annually in polygraph examinations to obtain information
213	necessary for risk management and treatment and to reduce the
214	sex offender's denial mechanisms. A polygraph examination must
215	be conducted by a polygrapher trained specifically in the use of
216	the polygraph for the monitoring of sex offenders, who has been
217	authorized by the department and approved by the court, where
218	available, and shall be paid for by the probationer or community
219	controllee sex offender. The results of the polygraph
220	examination shall be provided to the probationer's or community
221	controllee's probation officer and therapist and shall not be
222	used as evidence in court to prove that a violation of community
223	supervision has occurred.
224	(4)(a)  Effective July 1, 2007, the court must, in addition
225	to all other provisions of this section, impose the special
226	conditions set forth in paragraph (b) on the following
227	probationers or community controllees:
228	1.  A probationer or community controllee whose crime was
229	committed on or after July 1, 2007, in violation of chapter 794;
230	s. 800.04(4), (5), or (6); s. 827.071; or s. 847.0145 in this
231	state or a probationer or community controllee who has committed
232	on or after that date a similar offense in another jurisdiction
233	when, at the time of the offense, the victim was under 16 years
234	of age and the probationer or community controllee was 18 years
235	of age or older.
236	2.  A probationer or community controllee who is designated
237	as a sexual predator under s. 775.21.
238	3.  A probationer or community controllee designated as a
239	sexual predator under s. 775.21 or subject to registration as a
240	sexual offender pursuant to s. 943.0435 who has committed an
241	offense that would meet the criteria for the designation or the
242	registration requirement where, at the time of the offense, the
243	victim was under 16 years of age and the probationer or
244	community controllee was 18 years of age or older, who commits a
245	violation of s. 775.21 or s. 943.0435 on or after July 1, 2007,
246	and who is not otherwise subject to this paragraph.
247	(b)  The court must order:
248	1.  A prohibition on visiting exclusionary zones such as
249	areas where children regularly congregate, including, but not
250	limited to, schools, day care centers, parks, and playgrounds.
251	The court may also designate additional exclusionary zones to
252	protect the victim.
253	2.  A prohibition on participation in a holiday event
254	involving children under 18 years of age without prior approval
255	from the court. Such events include distributing candy or other
256	items to children on Halloween, wearing a Santa Claus costume on
257	or preceding Christmas, being employed as a Santa Claus, wearing
258	an Easter Bunny costume on or preceding Easter, entertaining at
259	children's parties, or wearing a clown costume.
260	Section 5.  Section 948.31, Florida Statutes, is amended to
261	read:
262	948.31  Diagnosis, Evaluation, and treatment of sexual
263	predators and sex offenders placed on probation or community
264	control for certain sex offenses or child exploitation.--The
265	court shall require an a diagnosis and evaluation to determine
266	the need of a probationer or community controllee offender in
267	community control for treatment. If the court determines that a
268	need therefor is established by the such diagnosis and
269	evaluation process, the court shall require sex offender
270	treatment outpatient counseling as a term or condition of
271	probation or community control for any person who meets the
272	criteria to be designated as a sexual predator under s. 775.21
273	or to be subject to registration as a sexual offender under s.
274	943.0435 was found guilty of any of the following, or whose plea
275	of guilty or nolo contendere to any of the following was
276	accepted by the court:
277	(1)  Lewd or lascivious battery, lewd or lascivious
278	molestation, lewd or lascivious conduct, or lewd or lascivious
279	exhibition, as defined in s. 800.04.
280	(2)  Sexual battery, as defined in chapter 794, against a
281	child.
282	(3)  Exploitation of a child as provided in s. 450.151, or
283	for prostitution.
284
285	Such treatment counseling shall be required to be obtained from
286	a qualified practitioner specifically trained to treat sex
287	offenders. The court shall impose a restriction against contact
288	with minors if sex offender treatment is recommended community
289	mental health center, a recognized social service agency
290	providing mental health services, or a private mental health
291	professional or through other professional counseling. The
292	evaluation and recommendations plan for treatment of counseling
293	for the probationer or community controllee individual shall be
294	provided to the court for review.
295	Section 6.  This act shall take effect July 1, 2007.

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