CS for HB 1107 & HB 1351

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3amending s. 775.21, F.S.; revising provisions relating to
4reimbursement of specified costs by sexual predators;
5revising provisions relating to notification of the
6residence of sexual predators; providing criminal
7penalties; prohibiting sexual predators from working at
8certain locations; providing criminal penalties; creating
9s. 775.215, F.S.; specifying residency distance
10limitations for persons convicted of certain sexual
11offenses; preempting certain local ordinances and
12providing for repeal of such ordinances; amending s.
13775.24, F.S.; revising provisions relating to the duty of
14the court to uphold certain laws; amending s. 794.065,
15F.S.; providing additional residency restrictions on
16certain offenders; providing penalties; creating s.
17794.0701, F.S.; prohibiting loitering or prowling by
18persons convicted of certain sex offenses; providing
19criminal penalties; amending s. 947.1405, F.S.; providing
20additional conditional release restrictions for certain
21offenders; amending s. 948.30, F.S.; revising provisions
22relating to terms and conditions of probation or community
23control for certain sex offenses; providing additional
24restrictions for certain probationers or community
25controllees who committed sexual offenses with minors
26under the age of 16; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Paragraph (b) of subsection (3), paragraph (a)
31of subsection (7), and paragraph (b) of subsection (10) of
32section 775.21, Florida Statutes, are amended to read:
33     775.21  The Florida Sexual Predators Act.--
34     (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
35INTENT.--
36     (b)  The high level of threat that a sexual predator
37presents to the public safety, and the long-term effects
38suffered by victims of sex offenses, provide the state with
39sufficient justification to implement a strategy that includes:
40     1.  Incarcerating sexual predators and maintaining adequate
41facilities to ensure that decisions to release sexual predators
42into the community are not made on the basis of inadequate
43space.
44     2.  Providing for specialized supervision of sexual
45predators who are in the community by specially trained
46probation officers with low caseloads, as described in ss.
47947.1405(7) and 948.30. The sexual predator is subject to
48specified terms and conditions implemented at sentencing or at
49the time of release from incarceration, with a requirement that
50only those sexual predators found to be indigent may defer
51payment pursuant to s. 28.246 of all or part of the costs in
52accordance with the provisions of that section who are
53financially able must pay all or part of the costs of
54supervision.
55     3.  Requiring the registration of sexual predators, with a
56requirement that complete and accurate information be maintained
57and accessible for use by law enforcement authorities,
58communities, and the public.
59     4.  Providing for community and public notification
60concerning the presence of sexual predators.
61     5.  Prohibiting sexual predators from working with
62children, either for compensation or as a volunteer.
63     (7)  COMMUNITY AND PUBLIC NOTIFICATION.--
64     (a)  Law enforcement agencies must inform members of the
65community and the public of a sexual predator's presence. Upon
66notification of the presence of a sexual predator, the sheriff
67of the county or the chief of police of the municipality where
68the sexual predator establishes or maintains a permanent or
69temporary residence shall notify members of the community and
70the public of the presence of the sexual predator in a manner
71deemed appropriate by the sheriff or the chief of police. Within
7248 hours after receiving notification of the presence of a
73sexual predator, the sheriff of the county or the chief of
74police of the municipality where the sexual predator temporarily
75or permanently resides shall notify each licensed day care
76center, elementary school, middle school, and high school, and
77library within a 1-mile radius of the temporary or permanent
78residence of the sexual predator of the presence of the sexual
79predator. Information provided to members of the community and
80the public regarding a sexual predator must include:
81     1.  The name of the sexual predator;
82     2.  A description of the sexual predator, including a
83photograph;
84     3.  The sexual predator's current address, including the
85name of the county or municipality if known;
86     4.  The circumstances of the sexual predator's offense or
87offenses; and
88     5.  Whether the victim of the sexual predator's offense or
89offenses was, at the time of the offense, a minor or an adult.
90
91This paragraph does not authorize the release of the name of any
92victim of the sexual predator.
93     (10)  PENALTIES.--
94     (b)  A sexual predator who has been convicted of or found
95to have committed, or has pled nolo contendere or guilty to,
96regardless of adjudication, any violation, or attempted
97violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
98the victim is a minor and the defendant is not the victim's
99parent or guardian; s. 794.011, excluding s. 794.011(10); s.
100794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
101847.0133; s. 847.0145; or s. 985.701(1); or a violation of a
102similar law of another jurisdiction when the victim of the
103offense was a minor, and who works, whether for compensation or
104as a volunteer, at any business, school, day care center, park,
105playground, library, or other place where children regularly
106congregate, commits a felony of the third degree, punishable as
107provided in s. 775.082, s. 775.083, or s. 775.084.
108     Section 2.  Section 775.215, Florida Statutes, is created
109to read:
110     775.215  Residency distance limitations for persons
111convicted of certain sexual offenses; local ordinances preempted
112and repealed.--The adoption of residency distance limitations
113for persons convicted of sexual offenses, including, but not
114limited to, violations of s. 787.01, s. 787.02, s. 794.011, s.
115800.04, s. 827.071, or s. 847.0145, regardless of whether
116adjudication has been withheld, is expressly preempted to the
117state. The provisions of ss. 794.065, 947.1405, and 948.30
118establishing such distance limitations supersede the distance
119limitations included in any such municipal or county ordinances.
120Any such residency distance limitations adopted by a county or
121municipality prior to October 1, 2008, are hereby repealed and
122abolished as of October 1, 2008.
123     Section 3.  Subsection (2) of section 775.24, Florida
124Statutes, is amended to read:
125     775.24  Duty of the court to uphold laws governing sexual
126predators and sexual offenders.--
127     (2)  If a person meets the criteria in this chapter for
128designation as a sexual predator or meets the criteria in s.
129943.0435, s. 944.606, s. 944.607, or any other law for
130classification as a sexual offender, the court may not enter an
131order, for the purpose of approving a plea agreement or for any
132other reason, which:
133     (a)  Exempts a person who meets the criteria for
134designation as a sexual predator or classification as a sexual
135offender from such designation or classification;, or exempts
136such person from the requirements for registration or community
137and public notification imposed upon sexual predators and sexual
138offenders; exempts such person from the distance limitations
139contained in ss. 794.065, 947.1405, and 948.30; or exempts such
140person from the provisions of s. 794.0701;
141     (b)  Restricts the compiling, reporting, or release of
142public records information that relates to sexual predators or
143sexual offenders; or
144     (c)  Prevents any person or entity from performing its
145duties or operating within its statutorily conferred authority
146as such duty or authority relates to sexual predators or sexual
147offenders.
148     Section 4.  Section 794.065, Florida Statutes, is amended
149to read:
150     794.065  Unlawful place of residence for persons convicted
151of certain sex offenses.--
152     (1)(a)1.  It is unlawful for any person who has been
153convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
154or s. 847.0145, regardless of whether adjudication has been
155withheld, in which the victim of the offense was less than 16
156years of age, to reside within 1,000 feet of any school, day
157care center, park, or playground.
158     2.  A person who violates this subsection section and whose
159conviction for an offense listed in subparagraph 1. under s.
160794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified
161as:
162     a.  A felony of the first degree or higher, commits a
163felony of the third degree, punishable as provided in s. 775.082
164or s. 775.083. A person who violates this section and whose
165conviction under s. 794.011, s. 800.04, s. 827.071, or s.
166847.0145 was classified as
167     b.  A felony of the second or third degree, commits a
168misdemeanor of the first degree, punishable as provided in s.
169775.082 or s. 775.083.
170     (b)(2)  This subsection section applies to any person
171convicted of an offense listed in subparagraph (a)1. if the
172offense occurred a violation of s. 794.011, s. 800.04, s.
173827.071, or s. 847.0145 for offenses that occur on or after
174October 1, 2004.
175     (2)(a)1.  It is unlawful for any person who has been
176convicted of a violation of s. 787.01, s. 787.02, s. 794.011, s.
177800.04, s. 827.071, or s. 847.0145, committed on or after
178October 1, 2008, regardless of whether adjudication has been
179withheld, in which the victim of the offense was less than 16
180years of age, to reside within 1,500 feet of any school, day
181care center, park, or playground.
182     2.  A person violating this subsection whose conviction of
183an offense listed in subparagraph 1. was classified as:
184     a.  A felony of the first degree or higher, commits a
185felony of the third degree, punishable as provided in s. 775.082
186or s. 775.083.
187     b.  A felony of the second or third degree, commits a
188misdemeanor of the first degree, punishable as provided in s.
189775.082 or s. 775.083.
190     (b)  The distances in this subsection shall be measured in
191a straight line from the offender's place of residence to the
192nearest boundary line of the school, day care center, park, or
193playground.
194     Section 5.  Section 794.0701, Florida Statutes, is created
195to read:
196     794.0701  Loitering or prowling by persons convicted of
197certain sex offenses.--Any person who:
198     (1)  Has been convicted of a violation of s. 787.01, s.
199787.02, s. 794.011, s. 800.04, s. 827.071, or s. 847.0145,
200regardless of whether adjudication has been withheld, in which
201the victim of the offense was less than 16 years of age; and
202     (2)  Loiters or prowls as proscribed in s. 856.021 within
203300 feet of a place where children regularly congregate,
204including, but not limited to, a school, designated public
205school bus stop, day care center, park, or playground
206
207commits a misdemeanor of the first degree, punishable as
208provided in s. 775.082 or s. 775.083.
209     Section 6.  Paragraph (a) of subsection (7) of section
210947.1405, Florida Statutes, is amended, and subsection (11) is
211added to that section, to read:
212     947.1405  Conditional release program.--
213     (7)(a)  Any inmate who is convicted of a crime committed on
214or after October 1, 1995, or who has been previously convicted
215of a crime committed on or after October 1, 1995, in violation
216of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
217subject to conditional release supervision, shall have, in
218addition to any other conditions imposed, the following special
219conditions imposed by the commission:
220     1.  A mandatory curfew from 10 p.m. to 6 a.m. The
221commission may designate another 8-hour period if the offender's
222employment precludes the above specified time, and such
223alternative is recommended by the Department of Corrections. If
224the commission determines that imposing a curfew would endanger
225the victim, the commission may consider alternative sanctions.
226     2.a.  If the victim was under the age of 18, a prohibition
227on living within 1,000 feet of a school, day care center, park,
228playground, designated public school bus stop, or other place
229where children regularly congregate. A releasee who is subject
230to this subparagraph may not relocate to a residence that is
231within 1,000 feet of a public school bus stop.
232     b.  Beginning October 1, 2004, the commission or the
233department may not approve a residence that is located within
2341,000 feet of a school, day care center, park, playground,
235designated school bus stop, or other place where children
236regularly congregate for any releasee who is subject to this
237subparagraph. On October 1, 2004, the department shall notify
238each affected school district of the location of the residence
239of a releasee 30 days prior to release and thereafter, if the
240releasee relocates to a new residence, shall notify any affected
241school district of the residence of the releasee within 30 days
242after relocation. If, on October 1, 2004, any public school bus
243stop is located within 1,000 feet of the existing residence of
244such releasee, the district school board shall relocate that
245school bus stop. Beginning October 1, 2004, a district school
246board may not establish or relocate a public school bus stop
247within 1,000 feet of the residence of a releasee who is subject
248to this subparagraph. The failure of the district school board
249to comply with this subparagraph shall not result in a violation
250of conditional release supervision.
251     c.  If the victim was under the age of 18, beginning
252October 1, 2008, neither the commission nor the department may
253approve a residence located within 1,500 feet of a school, day
254care center, park, playground, designated school bus stop, or
255other place where children regularly congregate for any releasee
256who is subject to this subparagraph. The distance in this sub-
257subparagraph shall be measured in a straight line from the
258offender's place of residence to the nearest boundary line of
259the school, day care center, park, playground, designated school
260bus stop, or other place where children regularly congregate.
261The distance may not be measured by a pedestrian route or
262automobile route.
263     3.  Active participation in and successful completion of a
264sex offender treatment program with qualified practitioners
265specifically trained to treat sex offenders, at the releasee's
266own expense. If a qualified practitioner is not available within
267a 50-mile radius of the releasee's residence, the offender shall
268participate in other appropriate therapy.
269     4.  A prohibition on any contact with the victim, directly
270or indirectly, including through a third person, unless approved
271by the victim, the offender's therapist, and the sentencing
272court.
273     5.  If the victim was under the age of 18, a prohibition
274against contact with children under the age of 18 without review
275and approval by the commission. The commission may approve
276supervised contact with a child under the age of 18 if the
277approval is based upon a recommendation for contact issued by a
278qualified practitioner who is basing the recommendation on a
279risk assessment. Further, the sex offender must be currently
280enrolled in or have successfully completed a sex offender
281therapy program. The commission may not grant supervised contact
282with a child if the contact is not recommended by a qualified
283practitioner and may deny supervised contact with a child at any
284time. When considering whether to approve supervised contact
285with a child, the commission must review and consider the
286following:
287     a.  A risk assessment completed by a qualified
288practitioner. The qualified practitioner must prepare a written
289report that must include the findings of the assessment and
290address each of the following components:
291     (I)  The sex offender's current legal status;
292     (II)  The sex offender's history of adult charges with
293apparent sexual motivation;
294     (III)  The sex offender's history of adult charges without
295apparent sexual motivation;
296     (IV)  The sex offender's history of juvenile charges,
297whenever available;
298     (V)  The sex offender's offender treatment history,
299including a consultation from the sex offender's treating, or
300most recent treating, therapist;
301     (VI)  The sex offender's current mental status;
302     (VII)  The sex offender's mental health and substance abuse
303history as provided by the Department of Corrections;
304     (VIII)  The sex offender's personal, social, educational,
305and work history;
306     (IX)  The results of current psychological testing of the
307sex offender if determined necessary by the qualified
308practitioner;
309     (X)  A description of the proposed contact, including the
310location, frequency, duration, and supervisory arrangement;
311     (XI)  The child's preference and relative comfort level
312with the proposed contact, when age-appropriate;
313     (XII)  The parent's or legal guardian's preference
314regarding the proposed contact; and
315     (XIII)  The qualified practitioner's opinion, along with
316the basis for that opinion, as to whether the proposed contact
317would likely pose significant risk of emotional or physical harm
318to the child.
319
320The written report of the assessment must be given to the
321commission.
322     b.  A recommendation made as a part of the risk-assessment
323report as to whether supervised contact with the child should be
324approved;
325     c.  A written consent signed by the child's parent or legal
326guardian, if the parent or legal guardian is not the sex
327offender, agreeing to the sex offender having supervised contact
328with the child after receiving full disclosure of the sex
329offender's present legal status, past criminal history, and the
330results of the risk assessment. The commission may not approve
331contact with the child if the parent or legal guardian refuses
332to give written consent for supervised contact;
333     d.  A safety plan prepared by the qualified practitioner,
334who provides treatment to the offender, in collaboration with
335the sex offender, the child's parent or legal guardian, and the
336child, when age appropriate, which details the acceptable
337conditions of contact between the sex offender and the child.
338The safety plan must be reviewed and approved by the Department
339of Corrections before being submitted to the commission; and
340     e.  Evidence that the child's parent or legal guardian, if
341the parent or legal guardian is not the sex offender,
342understands the need for and agrees to the safety plan and has
343agreed to provide, or to designate another adult to provide,
344constant supervision any time the child is in contact with the
345offender.
346
347The commission may not appoint a person to conduct a risk
348assessment and may not accept a risk assessment from a person
349who has not demonstrated to the commission that he or she has
350met the requirements of a qualified practitioner as defined in
351this section.
352     6.  If the victim was under age 18, a prohibition on
353working for pay or as a volunteer at any school, day care
354center, park, playground, library, or other place where children
355regularly congregate, as prescribed by the commission.
356     7.  Unless otherwise indicated in the treatment plan
357provided by the sexual offender treatment program, a prohibition
358on viewing, owning, or possessing any obscene, pornographic, or
359sexually stimulating visual or auditory material, including
360telephone, electronic media, computer programs, or computer
361services that are relevant to the offender's deviant behavior
362pattern.
363     8.  Effective for a releasee whose crime is committed on or
364after July 1, 2005, a prohibition on accessing the Internet or
365other computer services until the offender's sex offender
366treatment program, after a risk assessment is completed,
367approves and implements a safety plan for the offender's
368accessing or using the Internet or other computer services.
369     9.  A requirement that the releasee must submit two
370specimens of blood to the Florida Department of Law Enforcement
371to be registered with the DNA database.
372     10.  A requirement that the releasee make restitution to
373the victim, as determined by the sentencing court or the
374commission, for all necessary medical and related professional
375services relating to physical, psychiatric, and psychological
376care.
377     11.  Submission to a warrantless search by the community
378control or probation officer of the probationer's or community
379controllee's person, residence, or vehicle.
380     (11)(a)  The commission must, in addition to all other
381provisions of this section, impose the special conditions in
382paragraph (b) on the following releasees whose crime was
383committed on or after October 1, 2008:
384     1.  A releasee who violated s. 800.04(4), (5), or (6), s.
385827.071, or s. 847.0145 in this state or a similar offense in
386another jurisdiction when, at the time of the offense, the
387victim was under 16 years of age and the releasee was 18 years
388of age or older.
389     2.  A releasee who is designated as a sexual predator under
390s. 775.21 or who has received a similar designation or
391determination in another jurisdiction.
392     3.  A releasee subject to registration as a sexual predator
393under s. 775.21 or as a sexual offender under s. 943.0435 who
394has committed an offense that would meet the criteria for the
395designation or registration when at the time of the offense the
396victim was under 16 years of age and the releasee was 18 years
397of age or older, who commits a violation of s. 775.21 or s.
398943.0435 on or after October 1, 2008, and who is not otherwise
399subject to this paragraph.
400     (b)  The commission must order a prohibition on
401distributing candy or other items to children on Halloween,
402wearing a Santa Claus costume on or preceding Christmas, wearing
403an Easter Bunny costume on or preceding Easter, entertaining at
404children's parties, or wearing a clown costume without prior
405approval from the commission.
406     Section 7.  Paragraph (b) of subsection (1) and subsection
407(3) of section 948.30, Florida Statutes, are amended, and
408subsection (4) is added to that section, to read:
409     948.30  Additional terms and conditions of probation or
410community control for certain sex offenses.--Conditions imposed
411pursuant to this section do not require oral pronouncement at
412the time of sentencing and shall be considered standard
413conditions of probation or community control for offenders
414specified in this section.
415     (1)  Effective for probationers or community controllees
416whose crime was committed on or after October 1, 1995, and who
417are placed under supervision for violation of chapter 794, s.
418800.04, s. 827.071, or s. 847.0145, the court must impose the
419following conditions in addition to all other standard and
420special conditions imposed:
421     (b)1.  Except as provided in subparagraph 2., if the victim
422was under the age of 18, a prohibition on living within 1,000
423feet of a school, day care center, park, playground, or other
424place where children regularly congregate, as prescribed by the
425court. The 1,000-foot distance shall be measured in a straight
426line from the offender's place of residence to the nearest
427boundary line of the school, day care center, park, playground,
428or other place where children regularly congregate. The distance
429may not be measured by a pedestrian route or automobile route.
430     2.  For a probationer or community controllee whose crime
431was committed on or after October 1, 2008, if the victim was
432under the age of 18, a prohibition on living within 1,500 feet
433of a school, day care center, park, playground, or other place
434where children regularly congregate, as prescribed by the court.
435This distance shall be measured in a straight line from the
436offender's place of residence to the nearest boundary line of
437the school, day care center, park, playground, or other place
438where children regularly congregate. The distance may not be
439measured by a pedestrian route or automobile route.
440     (3)  Effective for a probationer or community controllee
441whose crime was committed on or after September 1, 2005, and
442who:
443     (a)  Is placed on probation or community control for a
444violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
445or s. 847.0145 and the unlawful sexual activity involved a
446victim under 16 15 years of age or younger and the offender is
44718 years of age or older;
448     (b)  Is designated a sexual predator pursuant to s. 775.21;
449or
450     (c)  Has previously been convicted of a violation of
451chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
452847.0145 and the unlawful sexual activity involved a victim
453under 16 15 years of age or younger and the offender is 18 years
454of age or older,
455
456the court must order, in addition to any other provision of this
457section, mandatory electronic monitoring as a condition of the
458probation or community control supervision.
459     (4)(a)  The court must, in addition to all other provisions
460of this section, impose the special conditions in paragraph (b)
461on the following probationers or community controllees whose
462crime was committed on or after October 1, 2008:
463     1.  A probationer or community controllee who violated s.
464800.04(4), (5), or (6), s. 827.071, or s. 847.0145 in this state
465or committed a similar offense in another jurisdiction when, at
466the time of the offense, the victim was under 16 years of age
467and the probationer or community controllee was 18 years of age
468or older.
469     2.  A probationer or community controllee who is designated
470as a sexual predator under s. 775.21 or who has received a
471similar designation or determination in another jurisdiction.
472     3.  A probationer or community controllee subject to
473registration as a sexual predator under s. 775.21 or as a sexual
474offender pursuant to s. 943.0435 who has committed an offense
475that would meet the criteria for the designation or registration
476when at the time of the offense the victim was under 16 years of
477age and the probationer or community controllee was 18 years of
478age or older, who commits a violation of s. 775.21 or s.
479943.0435 on or after October 1, 2008, and who is not otherwise
480subject to this paragraph.
481     (b)  The court must order a prohibition on distributing
482candy or other items to children on Halloween, wearing a Santa
483Claus costume on or preceding Christmas, wearing an Easter Bunny
484costume on or preceding Easter, entertaining at children's
485parties, or wearing a clown costume without prior approval from
486the court.
487     Section 8.  This act shall take effect October 1, 2008.


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