August 13, 2020
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CS/HB 119

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3creating s. 856.022, F.S.; prohibiting loitering or
4prowling by certain offenders within a specified distance
5of places where children were congregating; prohibiting
6certain actions toward a child at a public park or
7playground by certain offenders; prohibiting the presence
8of certain offenders at or on real property comprising a
9child care facility or prekindergarten through grade 12
10school without notice and supervision; providing
11exceptions; providing penalties; amending s. 775.21, F.S.;
12revising and providing definitions; conforming terminology
13to changes made by the act; revising provisions relating
14to residence reporting requirements for sexual predators;
15transferring, renumbering, and amending s. 794.065, F.S.;
16providing intent; providing definitions; substituting the
17term "child care facility" for the term "day care center";
18providing that the section does not apply to a person
19living in an approved residence before the establishment
20of a school, child care facility, park, or playground
21within 1,000 feet of the residence; including offenses in
22other jurisdictions that are similar to the offenses
23listed for purposes of providing residency restrictions
24for persons convicted of certain sex offenses, applicable
25to offenses committed on or after a specified date;
26providing that the section does not apply to persons who
27were removed from the requirement to register as a sexual
28offender or sexual predator under a specified provision;
29amending s. 943.0435, F.S.; revising provisions relating
30to residence reporting requirements for sexual offenders;
31amending s. 943.04352, F.S.; requiring that the probation
32services provider search in an additional specified sex
33offender registry for information regarding sexual
34predators and sexual offenders when an offender is placed
35on misdemeanor probation; amending s. 944.606, F.S.;
36revising address reporting requirements for sexual
37offenders; amending s. 944.607, F.S.; requiring additional
38registration information from sex offenders who are under
39the supervision of the Department of Corrections but who
40are not incarcerated; amending s. 947.005, F.S.; providing
41additional definitions; amending s. 947.1405, F.S.;
42conforming terminology to changes made by the act;
43providing that a releasee living in an approved residence
44before the establishment of a school, child care facility,
45park, or playground within 1,000 feet of the residence may
46not be forced to relocate and does not violate his or her
47conditional release supervision; revising provisions
48relating to polygraph examinations of specified
49conditional releasees who have committed specified sexual
50offenses; providing additional restrictions for certain
51conditional releasees who have committed specified sexual
52offenses against minors or have similar convictions in
53another jurisdiction; amending s. 948.001, F.S.; revising
54and providing definitions; amending s. 948.30, F.S.;
55conforming terminology to changes made by the act;
56providing that a probationer or community controllee
57living in an approved residence before the establishment
58of a school, child care facility, park, or playground
59within 1,000 feet of the residence may not be forced to
60relocate and does not violate his or her probation or
61community control; revising provisions relating to
62polygraph examinations of specified probationers or
63community controllees who have committed specified sexual
64offenses; providing additional restrictions for certain
65probationers or community controllees who committed
66specified sexual offenses against minors or who have
67similar convictions in another jurisdiction; amending s.
68948.31, F.S.; deleting a requirement for diagnosis of
69certain sexual predators and sexual offenders on community
70control; revising provisions relating to treatment for
71such offenders and predators; amending s. 985.481, F.S.;
72providing additional address reporting requirements for
73sexual offenders adjudicated delinquent; amending s.
74985.4815, F.S.; revising provisions relating to address
75and residence reporting requirements for sexual offenders
76adjudicated delinquent; providing legislative intent;
77providing severability; providing a directive to the
78Division of Statutory Revision; providing an effective
79date.
80
81Be It Enacted by the Legislature of the State of Florida:
82
83     Section 1.  Section 856.022, Florida Statutes, is created
84to read:
85     856.022  Loitering or prowling by certain offenders in
86close proximity to children; penalty.-
87     (1)  Except as provided in subsection (2), this section
88applies to a person convicted of committing, or attempting,
89soliciting, or conspiring to commit, any of the criminal
90offenses proscribed in the following statutes in this state or
91similar offenses in another jurisdiction against a victim who
92was under 18 years of age at the time of the offense: s. 787.01,
93s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
94the offender was not the victim's parent or guardian; s.
95794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
96796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
97847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
98847.0145; s. 985.701(1); or any similar offense committed in
99this state which has been redesignated from a former statute
100number to one of those listed in this subsection, if the person
101has not received a pardon for any felony or similar law of
102another jurisdiction necessary for the operation of this
103subsection and a conviction of a felony or similar law of
104another jurisdiction necessary for the operation of this
105subsection has not been set aside in any postconviction
106proceeding.
107     (2)  This section does not apply to a person who has been
108removed from the requirement to register as a sexual offender or
109sexual predator pursuant to s. 943.04354.
110     (3)  A person described in subsection (1) commits loitering
111and prowling by a person convicted of a sexual offense against a
112minor if, in committing loitering and prowling, he or she was
113within 300 feet of a place where children were congregating.
114     (4)  It is unlawful for a person described in subsection
115(1) to:
116     (a)  Knowingly approach, contact, or communicate with a
117child under 18 years of age in any public park building or on
118real property comprising any public park or playground with the
119intent to engage in conduct of a sexual nature or to make a
120communication of any type with any content of a sexual nature.
121This paragraph applies only to a person described in subsection
122(1) whose offense was committed on or after the effective date
123of this act.
124     (b)1.  Knowingly be present in any child care facility or
125school containing any students in prekindergarten through grade
12612 or on real property comprising any child care facility or
127school containing any students in prekindergarten through grade
12812 when the child care facility or school is in operation unless
129the person had previously provided written notification of his
130or her intent to be present to the school board, superintendent,
131principal, or child care facility owner;
132     2.  Fail to notify the child care facility owner or the
133school principal's office when he or she arrives and departs the
134child care facility or school; or
135     3.  Fail to remain under direct supervision of a school
136official or designated chaperone when present in the vicinity of
137children. As used in this paragraph, the term "school official"
138means a principal, a school resource officer, a teacher or any
139other employee of the school, the superintendent of schools, a
140member of the school board, a child care facility owner, or a
141child care provider.
142     (c)  A person is not in violation of paragraph (b) if:
143     1.  The child care facility or school is a voting location
144and the person is present for the purpose of voting during the
145hours designated for voting; or
146     2.  The person is only dropping off or picking up his or
147her own children or grandchildren at the child care facility or
148school.
149     (5)  Any person who violates this section commits a
150misdemeanor of the first degree, punishable as provided in s.
151775.082 or s. 775.083.
152     Section 2.  Subsection (2), paragraph (c) of subsection
153(4), paragraph (a) of subsection (5), paragraphs (a), (f), (g),
154(i), and (j) of subsection (6), paragraph (a) of subsection (7),
155paragraph (a) of subsection (8), and paragraph (b) of subsection
156(10) of section 775.21, Florida Statutes, are amended to read:
157     775.21  The Florida Sexual Predators Act.-
158     (2)  DEFINITIONS.-As used in this section, the term:
159     (a)(i)  "Change in enrollment or employment status" means
160the commencement or termination of enrollment or employment or a
161change in location of enrollment or employment.
162     (b)(a)  "Chief of police" means the chief law enforcement
163officer of a municipality.
164     (c)  "Child care facility" has the same meaning as provided
165in s. 402.302.
166     (d)(b)  "Community" means any county where the sexual
167predator lives or otherwise establishes or maintains a temporary
168or permanent residence.
169     (e)(c)  "Conviction" means a determination of guilt which
170is the result of a trial or the entry of a plea of guilty or
171nolo contendere, regardless of whether adjudication is withheld.
172A conviction for a similar offense includes, but is not limited
173to, a conviction by a federal or military tribunal, including
174courts-martial conducted by the Armed Forces of the United
175States, and includes a conviction or entry of a plea of guilty
176or nolo contendere resulting in a sanction in any state of the
177United States or other jurisdiction. A sanction includes, but is
178not limited to, a fine, probation, community control, parole,
179conditional release, control release, or incarceration in a
180state prison, federal prison, private correctional facility, or
181local detention facility.
182     (f)(d)  "Department" means the Department of Law
183Enforcement.
184     (g)(j)  "Electronic mail address" has the same meaning as
185provided in s. 668.602.
186     (h)(e)  "Entering the county" includes being discharged
187from a correctional facility or jail or secure treatment
188facility within the county or being under supervision within the
189county for the commission of a violation enumerated in
190subsection (4).
191     (i)(k)  "Instant message name" means an identifier that
192allows a person to communicate in real time with another person
193using the Internet.
194     (j)(h)  "Institution of higher education" means a career
195center, community college, college, state university, or
196independent postsecondary institution.
197     (k)(f)  "Permanent residence" means a place where the
198person abides, lodges, or resides for 5 or more consecutive
199days.
200     (l)(g)  "Temporary residence" means a place where the
201person abides, lodges, or resides, including, but not limited
202to, vacation, business, or personal travel destinations in or
203out of this state, for a period of 5 or more days in the
204aggregate during any calendar year and which is not the person's
205permanent address or, for a person whose permanent residence is
206not in this state, a place where the person is employed,
207practices a vocation, or is enrolled as a student for any period
208of time in this state.
209     (m)  "Transient residence" means a place or county where a
210person lives, remains, or is located for a period of 5 or more
211days in the aggregate during a calendar year and which is not
212the person's permanent or temporary address. The term includes,
213but is not limited to, a place where the person sleeps or seeks
214shelter and a location that has no specific street address.
215     (4)  SEXUAL PREDATOR CRITERIA.-
216     (c)  If an offender has been registered as a sexual
217predator by the Department of Corrections, the department, or
218any other law enforcement agency and if:
219     1.  The court did not, for whatever reason, make a written
220finding at the time of sentencing that the offender was a sexual
221predator; or
222     2.  The offender was administratively registered as a
223sexual predator because the Department of Corrections, the
224department, or any other law enforcement agency obtained
225information that indicated that the offender met the criteria
226for designation as a sexual predator based on a violation of a
227similar law in another jurisdiction,
228
229the department shall remove that offender from the department's
230list of sexual predators and, for an offender described under
231subparagraph 1., shall notify the state attorney who prosecuted
232the offense that met the criteria for administrative designation
233as a sexual predator, and, for an offender described under this
234paragraph, shall notify the state attorney of the county where
235the offender establishes or maintains a permanent, or temporary,
236or transient residence. The state attorney shall bring the
237matter to the court's attention in order to establish that the
238offender meets the criteria for designation as a sexual
239predator. If the court makes a written finding that the offender
240is a sexual predator, the offender must be designated as a
241sexual predator, must register or be registered as a sexual
242predator with the department as provided in subsection (6), and
243is subject to the community and public notification as provided
244in subsection (7). If the court does not make a written finding
245that the offender is a sexual predator, the offender may not be
246designated as a sexual predator with respect to that offense and
247is not required to register or be registered as a sexual
248predator with the department.
249     (5)  SEXUAL PREDATOR DESIGNATION.-An offender is designated
250as a sexual predator as follows:
251     (a)1.  An offender who meets the sexual predator criteria
252described in paragraph (4)(d) is a sexual predator, and the
253court shall make a written finding at the time such offender is
254determined to be a sexually violent predator under chapter 394
255that such person meets the criteria for designation as a sexual
256predator for purposes of this section. The clerk shall transmit
257a copy of the order containing the written finding to the
258department within 48 hours after the entry of the order;
259     2.  An offender who meets the sexual predator criteria
260described in paragraph (4)(a) who is before the court for
261sentencing for a current offense committed on or after October
2621, 1993, is a sexual predator, and the sentencing court must
263make a written finding at the time of sentencing that the
264offender is a sexual predator, and the clerk of the court shall
265transmit a copy of the order containing the written finding to
266the department within 48 hours after the entry of the order; or
267     3.  If the Department of Corrections, the department, or
268any other law enforcement agency obtains information which
269indicates that an offender who establishes or maintains a
270permanent, or temporary, or transient residence in this state
271meets the sexual predator criteria described in paragraph (4)(a)
272or paragraph (4)(d) because the offender was civilly committed
273or committed a similar violation in another jurisdiction on or
274after October 1, 1993, the Department of Corrections, the
275department, or the law enforcement agency shall notify the state
276attorney of the county where the offender establishes or
277maintains a permanent, or temporary, or transient residence of
278the offender's presence in the community. The state attorney
279shall file a petition with the criminal division of the circuit
280court for the purpose of holding a hearing to determine if the
281offender's criminal record or record of civil commitment from
282another jurisdiction meets the sexual predator criteria. If the
283court finds that the offender meets the sexual predator criteria
284because the offender has violated a similar law or similar laws
285in another jurisdiction, the court shall make a written finding
286that the offender is a sexual predator.
287
288When the court makes a written finding that an offender is a
289sexual predator, the court shall inform the sexual predator of
290the registration and community and public notification
291requirements described in this section. Within 48 hours after
292the court designating an offender as a sexual predator, the
293clerk of the circuit court shall transmit a copy of the court's
294written sexual predator finding to the department. If the
295offender is sentenced to a term of imprisonment or supervision,
296a copy of the court's written sexual predator finding must be
297submitted to the Department of Corrections.
298     (6)  REGISTRATION.-
299     (a)  A sexual predator must register with the department
300through the sheriff's office by providing the following
301information to the department:
302     1.  Name;, social security number;, age;, race;, sex;, date
303of birth;, height;, weight;, hair and eye color;, photograph;,
304address of legal residence and address of any current temporary
305residence, within the state or out of state, including a rural
306route address and a post office box;, if no permanent or
307temporary address, any transient residence within the state;
308address, location or description, and dates of any current or
309known future temporary residence within the state or out of
310state; any electronic mail address and any instant message name
311required to be provided pursuant to subparagraph (g)4.;, home
312telephone number and any cellular telephone number;, date and
313place of any employment;, date and place of each conviction;,
314fingerprints;, and a brief description of the crime or crimes
315committed by the offender. A post office box shall not be
316provided in lieu of a physical residential address.
317     a.  If the sexual predator's place of residence is a motor
318vehicle, trailer, mobile home, or manufactured home, as defined
319in chapter 320, the sexual predator shall also provide to the
320department written notice of the vehicle identification number;
321the license tag number; the registration number; and a
322description, including color scheme, of the motor vehicle,
323trailer, mobile home, or manufactured home. If a sexual
324predator's place of residence is a vessel, live-aboard vessel,
325or houseboat, as defined in chapter 327, the sexual predator
326shall also provide to the department written notice of the hull
327identification number; the manufacturer's serial number; the
328name of the vessel, live-aboard vessel, or houseboat; the
329registration number; and a description, including color scheme,
330of the vessel, live-aboard vessel, or houseboat.
331     b.  If the sexual predator is enrolled, employed, or
332carrying on a vocation at an institution of higher education in
333this state, the sexual predator shall also provide to the
334department the name, address, and county of each institution,
335including each campus attended, and the sexual predator's
336enrollment or employment status. Each change in enrollment or
337employment status shall be reported in person at the sheriff's
338office, or the Department of Corrections if the sexual predator
339is in the custody or control of or under the supervision of the
340Department of Corrections, within 48 hours after any change in
341status. The sheriff or the Department of Corrections shall
342promptly notify each institution of the sexual predator's
343presence and any change in the sexual predator's enrollment or
344employment status.
345     2.  Any other information determined necessary by the
346department, including criminal and corrections records;
347nonprivileged personnel and treatment records; and evidentiary
348genetic markers when available.
349     (f)  Within 48 hours after the registration required under
350paragraph (a) or paragraph (e), a sexual predator who is not
351incarcerated and who resides in the community, including a
352sexual predator under the supervision of the Department of
353Corrections, shall register in person at a driver's license
354office of the Department of Highway Safety and Motor Vehicles
355and shall present proof of registration. At the driver's license
356office the sexual predator shall:
357     1.  If otherwise qualified, secure a Florida driver's
358license, renew a Florida driver's license, or secure an
359identification card. The sexual predator shall identify himself
360or herself as a sexual predator who is required to comply with
361this section, provide his or her place of permanent, or
362temporary, or transient residence, including a rural route
363address and a post office box, and submit to the taking of a
364photograph for use in issuing a driver's license, renewed
365license, or identification card, and for use by the department
366in maintaining current records of sexual predators. A post
367office box shall not be provided in lieu of a physical
368residential address. If the sexual predator's place of residence
369is a motor vehicle, trailer, mobile home, or manufactured home,
370as defined in chapter 320, the sexual predator shall also
371provide to the Department of Highway Safety and Motor Vehicles
372the vehicle identification number; the license tag number; the
373registration number; and a description, including color scheme,
374of the motor vehicle, trailer, mobile home, or manufactured
375home. If a sexual predator's place of residence is a vessel,
376live-aboard vessel, or houseboat, as defined in chapter 327, the
377sexual predator shall also provide to the Department of Highway
378Safety and Motor Vehicles the hull identification number; the
379manufacturer's serial number; the name of the vessel, live-
380aboard vessel, or houseboat; the registration number; and a
381description, including color scheme, of the vessel, live-aboard
382vessel, or houseboat.
383     2.  Pay the costs assessed by the Department of Highway
384Safety and Motor Vehicles for issuing or renewing a driver's
385license or identification card as required by this section. The
386driver's license or identification card issued to the sexual
387predator must be in compliance with s. 322.141(3).
388     3.  Provide, upon request, any additional information
389necessary to confirm the identity of the sexual predator,
390including a set of fingerprints.
391     (g)1.  Each time a sexual predator's driver's license or
392identification card is subject to renewal, and, without regard
393to the status of the predator's driver's license or
394identification card, within 48 hours after any change of the
395predator's residence or change in the predator's name by reason
396of marriage or other legal process, the predator shall report in
397person to a driver's license office and shall be subject to the
398requirements specified in paragraph (f). The Department of
399Highway Safety and Motor Vehicles shall forward to the
400department and to the Department of Corrections all photographs
401and information provided by sexual predators. Notwithstanding
402the restrictions set forth in s. 322.142, the Department of
403Highway Safety and Motor Vehicles is authorized to release a
404reproduction of a color-photograph or digital-image license to
405the Department of Law Enforcement for purposes of public
406notification of sexual predators as provided in this section.
407     2.  A sexual predator who vacates a permanent, temporary,
408or transient residence and fails to establish or maintain
409another permanent, or temporary, or transient residence shall,
410within 48 hours after vacating the permanent, temporary, or
411transient residence, report in person to the sheriff's office of
412the county in which he or she is located. The sexual predator
413shall specify the date upon which he or she intends to or did
414vacate such residence. The sexual predator must provide or
415update all of the registration information required under
416paragraph (a). The sexual predator must provide an address for
417the residence or other place location that he or she is or will
418be located occupying during the time in which he or she fails to
419establish or maintain a permanent or temporary residence.
420     3.  A sexual predator who remains at a permanent,
421temporary, or transient residence after reporting his or her
422intent to vacate such residence shall, within 48 hours after the
423date upon which the predator indicated he or she would or did
424vacate such residence, report in person to the sheriff's office
425to which he or she reported pursuant to subparagraph 2. for the
426purpose of reporting his or her address at such residence. When
427the sheriff receives the report, the sheriff shall promptly
428convey the information to the department. An offender who makes
429a report as required under subparagraph 2. but fails to make a
430report as required under this subparagraph commits a felony of
431the second degree, punishable as provided in s. 775.082, s.
432775.083, or s. 775.084.
433     4.  A sexual predator must register any electronic mail
434address or instant message name with the department prior to
435using such electronic mail address or instant message name on or
436after October 1, 2007. The department shall establish an online
437system through which sexual predators may securely access and
438update all electronic mail address and instant message name
439information.
440     (i)  A sexual predator who intends to establish a
441permanent, temporary, or transient residence in another state or
442jurisdiction other than the State of Florida shall report in
443person to the sheriff of the county of current residence within
44448 hours before the date he or she intends to leave this state
445to establish residence in another state or jurisdiction. The
446sexual predator must provide to the sheriff the address,
447municipality, county, and state of intended residence. The
448sheriff shall promptly provide to the department the information
449received from the sexual predator. The department shall notify
450the statewide law enforcement agency, or a comparable agency, in
451the intended state or jurisdiction of residence of the sexual
452predator's intended residence. The failure of a sexual predator
453to provide his or her intended place of residence is punishable
454as provided in subsection (10).
455     (j)  A sexual predator who indicates his or her intent to
456establish a permanent, temporary, or transient residence reside
457in another state or jurisdiction other than the State of Florida
458and later decides to remain in this state shall, within 48 hours
459after the date upon which the sexual predator indicated he or
460she would leave this state, report in person to the sheriff to
461which the sexual predator reported the intended change of
462residence, and report his or her intent to remain in this state.
463If the sheriff is notified by the sexual predator that he or she
464intends to remain in this state, the sheriff shall promptly
465report this information to the department. A sexual predator who
466reports his or her intent to establish a permanent, temporary,
467or transient residence reside in another state or jurisdiction,
468but who remains in this state without reporting to the sheriff
469in the manner required by this paragraph, commits a felony of
470the second degree, punishable as provided in s. 775.082, s.
471775.083, or s. 775.084.
472     (7)  COMMUNITY AND PUBLIC NOTIFICATION.-
473     (a)  Law enforcement agencies must inform members of the
474community and the public of a sexual predator's presence. Upon
475notification of the presence of a sexual predator, the sheriff
476of the county or the chief of police of the municipality where
477the sexual predator establishes or maintains a permanent or
478temporary residence shall notify members of the community and
479the public of the presence of the sexual predator in a manner
480deemed appropriate by the sheriff or the chief of police. Within
48148 hours after receiving notification of the presence of a
482sexual predator, the sheriff of the county or the chief of
483police of the municipality where the sexual predator temporarily
484or permanently resides shall notify each licensed child care
485facility day care center, elementary school, middle school, and
486high school within a 1-mile radius of the temporary or permanent
487residence of the sexual predator of the presence of the sexual
488predator. Information provided to members of the community and
489the public regarding a sexual predator must include:
490     1.  The name of the sexual predator;
491     2.  A description of the sexual predator, including a
492photograph;
493     3.  The sexual predator's current permanent, temporary, and
494transient addresses, and descriptions of registered locations
495that have no specific street address, including the name of the
496county or municipality if known;
497     4.  The circumstances of the sexual predator's offense or
498offenses; and
499     5.  Whether the victim of the sexual predator's offense or
500offenses was, at the time of the offense, a minor or an adult.
501
502This paragraph does not authorize the release of the name of any
503victim of the sexual predator.
504     (8)  VERIFICATION.-The department and the Department of
505Corrections shall implement a system for verifying the addresses
506of sexual predators. The system must be consistent with the
507provisions of the federal Adam Walsh Child Protection and Safety
508Act of 2006 and any other federal standards applicable to such
509verification or required to be met as a condition for the
510receipt of federal funds by the state. The Department of
511Corrections shall verify the addresses of sexual predators who
512are not incarcerated but who reside in the community under the
513supervision of the Department of Corrections and shall report to
514the department any failure by a sexual predator to comply with
515registration requirements. County and local law enforcement
516agencies, in conjunction with the department, shall verify the
517addresses of sexual predators who are not under the care,
518custody, control, or supervision of the Department of
519Corrections. Local law enforcement agencies shall report to the
520department any failure by a sexual predator to comply with
521registration requirements.
522     (a)  A sexual predator must report in person each year
523during the month of the sexual predator's birthday and during
524every third month thereafter to the sheriff's office in the
525county in which he or she resides or is otherwise located to
526reregister. The sheriff's office may determine the appropriate
527times and days for reporting by the sexual predator, which shall
528be consistent with the reporting requirements of this paragraph.
529Reregistration shall include any changes to the following
530information:
531     1.  Name; social security number; age; race; sex; date of
532birth; height; weight; hair and eye color; address of any
533permanent residence and address of any current temporary
534residence, within the state or out of state, including a rural
535route address and a post office box; if no permanent or
536temporary address, any transient residence within the state;
537address, location or description, and dates of any current or
538known future temporary residence within the state or out of
539state; any electronic mail address and any instant message name
540required to be provided pursuant to subparagraph (6)(g)4.; home
541telephone number and any cellular telephone number; date and
542place of any employment; vehicle make, model, color, and license
543tag number; fingerprints; and photograph. A post office box
544shall not be provided in lieu of a physical residential address.
545     2.  If the sexual predator is enrolled, employed, or
546carrying on a vocation at an institution of higher education in
547this state, the sexual predator shall also provide to the
548department the name, address, and county of each institution,
549including each campus attended, and the sexual predator's
550enrollment or employment status.
551     3.  If the sexual predator's place of residence is a motor
552vehicle, trailer, mobile home, or manufactured home, as defined
553in chapter 320, the sexual predator shall also provide the
554vehicle identification number; the license tag number; the
555registration number; and a description, including color scheme,
556of the motor vehicle, trailer, mobile home, or manufactured
557home. If the sexual predator's place of residence is a vessel,
558live-aboard vessel, or houseboat, as defined in chapter 327, the
559sexual predator shall also provide the hull identification
560number; the manufacturer's serial number; the name of the
561vessel, live-aboard vessel, or houseboat; the registration
562number; and a description, including color scheme, of the
563vessel, live-aboard vessel, or houseboat.
564     (10)  PENALTIES.-
565     (b)  A sexual predator who has been convicted of or found
566to have committed, or has pled nolo contendere or guilty to,
567regardless of adjudication, any violation, or attempted
568violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
569the victim is a minor and the defendant is not the victim's
570parent or guardian; s. 794.011, excluding s. 794.011(10); s.
571794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
572847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
573violation of a similar law of another jurisdiction when the
574victim of the offense was a minor, and who works, whether for
575compensation or as a volunteer, at any business, school, child
576care facility day care center, park, playground, or other place
577where children regularly congregate, commits a felony of the
578third degree, punishable as provided in s. 775.082, s. 775.083,
579or s. 775.084.
580     Section 3.  Section 794.065, Florida Statutes, is
581transferred, renumbered as section 775.215, Florida Statutes,
582and amended to read:
583     775.215 794.065  Residency restriction Unlawful place of
584residence for persons convicted of certain sex offenses.-
585     (1)  It is the intent of the Legislature that there be one
586state-established residency restriction distance applicable to
587the residence of persons described in this section and that such
588state-established residency restriction distance be uniformly
589applied throughout the state.
590     (2)  As used in this section, the term:
591     (a)  "Child care facility" has the same meaning as provided
592in s. 402.302.
593     (b)  "Park" means all public and private property
594specifically designated as being used for recreational purposes
595and where children regularly congregate.
596     (c)  "Playground" means a designated independent area in
597the community or neighborhood that is designated solely for
598children and has one or more play structures.
599     (d)  "School" has the same meaning as provided in s.
6001003.01 and includes a private school as defined in s. 1002.01,
601a voluntary prekindergarten education program as described in s.
6021002.53(3), a public school as described in s. 402.3025(1), the
603Florida School for the Deaf and the Blind, the Florida Virtual
604School as established under s. 1002.37, and a K-8 Virtual School
605as established under s. 1002.415, but does not include
606facilities dedicated exclusively to the education of adults.
607     (3)(a)(1)  A It is unlawful for any person who has been
608convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
609s. 847.0135(5), or s. 847.0145, regardless of whether
610adjudication has been withheld, in which the victim of the
611offense was less than 16 years of age, may not to reside within
6121,000 feet of any school, child care facility day care center,
613park, or playground. However, a person does not violate this
614subsection and may not be forced to relocate if he or she is
615living in a residence that meets the requirements of this
616subsection and a school, child care facility, park, or
617playground is subsequently established within 1,000 feet of his
618or her residence.
619     (b)  A person who violates this subsection section and
620whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
621847.0135(5), or s. 847.0145 was classified as a felony of the
622first degree or higher commits a felony of the third degree,
623punishable as provided in s. 775.082 or s. 775.083. A person who
624violates this subsection section and whose conviction under s.
625794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145
626was classified as a felony of the second or third degree commits
627a misdemeanor of the first degree, punishable as provided in s.
628775.082 or s. 775.083.
629     (c)(2)  This subsection section applies to any person
630convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
631s. 847.0135(5), or s. 847.0145 for offenses that occur on or
632after October 1, 2004, excluding persons who have been removed
633from the requirement to register as a sexual offender or sexual
634predator pursuant to s. 943.04354.
635     (4)(a)  A person who has been convicted of an offense in
636another jurisdiction that is similar to a violation of s.
637794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
638regardless of whether adjudication has been withheld, in which
639the victim of the offense was less than 16 years of age, may not
640reside within 1,000 feet of any school, child care facility,
641park, or playground. However, a person does not violate this
642subsection and may not be forced to relocate if he or she is
643living in a residence that meets the requirements of this
644subsection and a school, child care facility, park, or
645playground is subsequently established within 1,000 feet of his
646or her residence.
647     (b)  A person who violates this subsection and whose
648conviction in another jurisdiction resulted in a penalty that is
649substantially similar to a felony of the first degree or higher
650commits a felony of the third degree, punishable as provided in
651s. 775.082 or s. 775.083. A person who violates this subsection
652and whose conviction in another jurisdiction resulted in a
653penalty that is substantially similar to a felony of the second
654or third degree commits a misdemeanor of the first degree,
655punishable as provided in s. 775.082 or s. 775.083.
656     (c)  This subsection applies to any person convicted of an
657offense in another jurisdiction that is similar to a violation
658of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
659847.0145 if such offense occurred on or after the effective date
660of this act, excluding persons who have been removed from the
661requirement to register as a sexual offender or sexual predator
662pursuant to s. 943.04354.
663     Section 4.  Paragraph (c) of subsection (1), subsection
664(2), paragraphs (a), (b), and (c) of subsection (4), subsections
665(7), (8), and (10), and paragraph (c) of subsection (14) of
666section 943.0435, Florida Statutes, are amended to read:
667     943.0435  Sexual offenders required to register with the
668department; penalty.-
669     (1)  As used in this section, the term:
670     (c)  "Permanent residence," and "temporary residence," and
671"transient residence" have the same meaning ascribed in s.
672775.21.
673     (2)  A sexual offender shall:
674     (a)  Report in person at the sheriff's office:
675     1.  In the county in which the offender establishes or
676maintains a permanent, or temporary, or transient residence
677within 48 hours after:
678     a.  Establishing permanent, or temporary, or transient
679residence in this state; or
680     b.  Being released from the custody, control, or
681supervision of the Department of Corrections or from the custody
682of a private correctional facility; or
683     2.  In the county where he or she was convicted within 48
684hours after being convicted for a qualifying offense for
685registration under this section if the offender is not in the
686custody or control of, or under the supervision of, the
687Department of Corrections, or is not in the custody of a private
688correctional facility.
689
690Any change in the information required to be provided pursuant
691to paragraph (b), including, but not limited to, any change in
692the sexual offender's permanent, or temporary, or transient
693residence, name, any electronic mail address and any instant
694message name required to be provided pursuant to paragraph
695(4)(d), after the sexual offender reports in person at the
696sheriff's office, shall be accomplished in the manner provided
697in subsections (4), (7), and (8).
698     (b)  Provide his or her name;, date of birth;, social
699security number;, race;, sex;, height;, weight;, hair and eye
700color;, tattoos or other identifying
701place of employment;, address of permanent or legal residence or
702address of any current temporary residence, within the state or
703and out of state, including a rural route address and a post
704office box;, if no permanent or temporary address, any transient
705residence within the state, address, location or description,
706and dates of any current or known future temporary residence
707within the state or out of state; home telephone number and any
708cellular telephone number;, any electronic mail address and any
709instant message name required to be provided pursuant to
710paragraph (4)(d);, date and place of each conviction;, and a
711brief description of the crime or crimes committed by the
712offender. A post office box shall not be provided in lieu of a
713physical residential address.
714     1.  If the sexual offender's place of residence is a motor
715vehicle, trailer, mobile home, or manufactured home, as defined
716in chapter 320, the sexual offender shall also provide to the
717department through the sheriff's office written notice of the
718vehicle identification number; the license tag number; the
719registration number; and a description, including color scheme,
720of the motor vehicle, trailer, mobile home, or manufactured
721home. If the sexual offender's place of residence is a vessel,
722live-aboard vessel, or houseboat, as defined in chapter 327, the
723sexual offender shall also provide to the department written
724notice of the hull identification number; the manufacturer's
725serial number; the name of the vessel, live-aboard vessel, or
726houseboat; the registration number; and a description, including
727color scheme, of the vessel, live-aboard vessel, or houseboat.
728     2.  If the sexual offender is enrolled, employed, or
729carrying on a vocation at an institution of higher education in
730this state, the sexual offender shall also provide to the
731department through the sheriff's office the name, address, and
732county of each institution, including each campus attended, and
733the sexual offender's enrollment or employment status. Each
734change in enrollment or employment status shall be reported in
735person at the sheriff's office, within 48 hours after any change
736in status. The sheriff shall promptly notify each institution of
737the sexual offender's presence and any change in the sexual
738offender's enrollment or employment status.
739
740When a sexual offender reports at the sheriff's office, the
741sheriff shall take a photograph and a set of fingerprints of the
742offender and forward the photographs and fingerprints to the
743department, along with the information provided by the sexual
744offender. The sheriff shall promptly provide to the department
745the information received from the sexual offender.
746     (4)(a)  Each time a sexual offender's driver's license or
747identification card is subject to renewal, and, without regard
748to the status of the offender's driver's license or
749identification card, within 48 hours after any change in the
750offender's permanent, or temporary, or transient residence or
751change in the offender's name by reason of marriage or other
752legal process, the offender shall report in person to a driver's
753license office, and shall be subject to the requirements
754specified in subsection (3). The Department of Highway Safety
755and Motor Vehicles shall forward to the department all
756photographs and information provided by sexual offenders.
757Notwithstanding the restrictions set forth in s. 322.142, the
758Department of Highway Safety and Motor Vehicles is authorized to
759release a reproduction of a color-photograph or digital-image
760license to the Department of Law Enforcement for purposes of
761public notification of sexual offenders as provided in this
762section and ss. 943.043 and 944.606.
763     (b)  A sexual offender who vacates a permanent, temporary,
764or transient residence and fails to establish or maintain
765another permanent, or temporary, or transient residence shall,
766within 48 hours after vacating the permanent, temporary, or
767transient residence, report in person to the sheriff's office of
768the county in which he or she is located. The sexual offender
769shall specify the date upon which he or she intends to or did
770vacate such residence. The sexual offender must provide or
771update all of the registration information required under
772paragraph (2)(b). The sexual offender must provide an address
773for the residence or other place location that he or she is or
774will be located occupying during the time in which he or she
775fails to establish or maintain a permanent or temporary
776residence.
777     (c)  A sexual offender who remains at a permanent,
778temporary, or transient residence after reporting his or her
779intent to vacate such residence shall, within 48 hours after the
780date upon which the offender indicated he or she would or did
781vacate such residence, report in person to the agency to which
782he or she reported pursuant to paragraph (b) for the purpose of
783reporting his or her address at such residence. When the sheriff
784receives the report, the sheriff shall promptly convey the
785information to the department. An offender who makes a report as
786required under paragraph (b) but fails to make a report as
787required under this paragraph commits a felony of the second
788degree, punishable as provided in s. 775.082, s. 775.083, or s.
789775.084.
790     (7)  A sexual offender who intends to establish a
791permanent, temporary, or transient residence in another state or
792jurisdiction other than the State of Florida shall report in
793person to the sheriff of the county of current residence within
79448 hours before the date he or she intends to leave this state
795to establish residence in another state or jurisdiction. The
796notification must include the address, municipality, county, and
797state of intended residence. The sheriff shall promptly provide
798to the department the information received from the sexual
799offender. The department shall notify the statewide law
800enforcement agency, or a comparable agency, in the intended
801state or jurisdiction of residence of the sexual offender's
802intended residence. The failure of a sexual offender to provide
803his or her intended place of residence is punishable as provided
804in subsection (9).
805     (8)  A sexual offender who indicates his or her intent to
806establish a permanent, temporary, or transient residence reside
807in another state or jurisdiction other than the State of Florida
808and later decides to remain in this state shall, within 48 hours
809after the date upon which the sexual offender indicated he or
810she would leave this state, report in person to the sheriff to
811which the sexual offender reported the intended change of
812permanent, temporary, or transient residence, and report his or
813her intent to remain in this state. The sheriff shall promptly
814report this information to the department. A sexual offender who
815reports his or her intent to establish a permanent, temporary,
816or transient residence reside in another state or jurisdiction
817but who remains in this state without reporting to the sheriff
818in the manner required by this subsection commits a felony of
819the second degree, punishable as provided in s. 775.082, s.
820775.083, or s. 775.084.
821     (10)  The department, the Department of Highway Safety and
822Motor Vehicles, the Department of Corrections, the Department of
823Juvenile Justice, any law enforcement agency in this state, and
824the personnel of those departments; an elected or appointed
825official, public employee, or school administrator; or an
826employee, agency, or any individual or entity acting at the
827request or upon the direction of any law enforcement agency is
828immune from civil liability for damages for good faith
829compliance with the requirements of this section or for the
830release of information under this section, and shall be presumed
831to have acted in good faith in compiling, recording, reporting,
832or releasing the information. The presumption of good faith is
833not overcome if a technical or clerical error is made by the
834department, the Department of Highway Safety and Motor Vehicles,
835the Department of Corrections, the Department of Juvenile
836Justice, the personnel of those departments, or any individual
837or entity acting at the request or upon the direction of any of
838those departments in compiling or providing information, or if
839information is incomplete or incorrect because a sexual offender
840fails to report or falsely reports his or her current place of
841permanent, or temporary, or transient residence.
842     (14)
843     (c)  The sheriff's office may determine the appropriate
844times and days for reporting by the sexual offender, which shall
845be consistent with the reporting requirements of this
846subsection. Reregistration shall include any changes to the
847following information:
848     1.  Name; social security number; age; race; sex; date of
849birth; height; weight; hair and eye color; address of any
850permanent residence and address of any current temporary
851residence, within the state or out of state, including a rural
852route address and a post office box; if no permanent or
853temporary address, any transient residence within the state;
854address, location or description, and dates of any current or
855known future temporary residence within the state or out of
856state; any electronic mail address and any instant message name
857required to be provided pursuant to paragraph (4)(d); home
858telephone number and any cellular telephone number; date and
859place of any employment; vehicle make, model, color, and license
860tag number; fingerprints; and photograph. A post office box
861shall not be provided in lieu of a physical residential address.
862     2.  If the sexual offender is enrolled, employed, or
863carrying on a vocation at an institution of higher education in
864this state, the sexual offender shall also provide to the
865department the name, address, and county of each institution,
866including each campus attended, and the sexual offender's
867enrollment or employment status.
868     3.  If the sexual offender's place of residence is a motor
869vehicle, trailer, mobile home, or manufactured home, as defined
870in chapter 320, the sexual offender shall also provide the
871vehicle identification number; the license tag number; the
872registration number; and a description, including color scheme,
873of the motor vehicle, trailer, mobile home, or manufactured
874home. If the sexual offender's place of residence is a vessel,
875live-aboard vessel, or houseboat, as defined in chapter 327, the
876sexual offender shall also provide the hull identification
877number; the manufacturer's serial number; the name of the
878vessel, live-aboard vessel, or houseboat; the registration
879number; and a description, including color scheme, of the
880vessel, live-aboard vessel or houseboat.
881     4.  Any sexual offender who fails to report in person as
882required at the sheriff's office, or who fails to respond to any
883address verification correspondence from the department within 3
884weeks of the date of the correspondence or who fails to report
885electronic mail addresses or instant message names, commits a
886felony of the third degree, punishable as provided in s.
887775.082, s. 775.083, or s. 775.084.
888     Section 5.  Section 943.04352, Florida Statutes, is amended
889to read:
890     943.04352  Search of registration information regarding
891sexual predators and sexual offenders required when placement on
892misdemeanor probation.-When the court places a defendant on
893misdemeanor probation pursuant to ss. 948.01 and 948.15, the
894public or private entity providing probation services must
895conduct a search of the probationer's name or other identifying
896information against the registration information regarding
897sexual predators and sexual offenders maintained by the
898Department of Law Enforcement under s. 943.043. The probation
899services provider may conduct the search using the Internet site
900maintained by the Department of Law Enforcement. Also, a
901national search must be conducted through the Dru Sjodin
902National Sex Offender Public Website maintained by the United
903States Department of Justice.
904     Section 6.  Paragraph (a) of subsection (3) of section
905944.606, Florida Statutes, is amended to read:
906     944.606  Sexual offenders; notification upon release.-
907     (3)(a)  The department must provide information regarding
908any sexual offender who is being released after serving a period
909of incarceration for any offense, as follows:
910     1.  The department must provide: the sexual offender's
911name, any change in the offender's name by reason of marriage or
912other legal process, and any alias, if known; the correctional
913facility from which the sexual offender is released; the sexual
914offender's social security number, race, sex, date of birth,
915height, weight, and hair and eye color; address of any planned
916permanent residence or temporary residence, within the state or
917out of state, including a rural route address and a post office
918box; if no permanent or temporary address, any transient
919residence within the state; address, location or description,
920and dates of any known future temporary residence within the
921state or out of state; date and county of sentence and each
922crime for which the offender was sentenced; a copy of the
923offender's fingerprints and a digitized photograph taken within
92460 days before release; the date of release of the sexual
925offender; any electronic mail address and any instant message
926name required to be provided pursuant to s. 943.0435(4)(d); and
927home telephone number and any cellular telephone number; and the
928offender's intended residence address, if known. The department
929shall notify the Department of Law Enforcement if the sexual
930offender escapes, absconds, or dies. If the sexual offender is
931in the custody of a private correctional facility, the facility
932shall take the digitized photograph of the sexual offender
933within 60 days before the sexual offender's release and provide
934this photograph to the Department of Corrections and also place
935it in the sexual offender's file. If the sexual offender is in
936the custody of a local jail, the custodian of the local jail
937shall register the offender within 3 business days after intake
938of the offender for any reason and upon release, and shall
939notify the Department of Law Enforcement of the sexual
940offender's release and provide to the Department of Law
941Enforcement the information specified in this paragraph and any
942information specified in subparagraph 2. that the Department of
943Law Enforcement requests.
944     2.  The department may provide any other information deemed
945necessary, including criminal and corrections records,
946nonprivileged personnel and treatment records, when available.
947     Section 7.  Subsections (4) and (6) and paragraph (c) of
948subsection (13) of section 944.607, Florida Statutes, are
949amended to read:
950     944.607  Notification to Department of Law Enforcement of
951information on sexual offenders.-
952     (4)  A sexual offender, as described in this section, who
953is under the supervision of the Department of Corrections but is
954not incarcerated must register with the Department of
955Corrections within 3 business days after sentencing for a
956registrable registerable offense and otherwise provide
957information as required by this subsection.
958     (a)  The sexual offender shall provide his or her name;
959date of birth; social security number; race; sex; height;
960weight; hair and eye color; tattoos or other identifying marks;
961any electronic mail address and any instant message name
962required to be provided pursuant to s. 943.0435(4)(d); and
963permanent or legal residence and address of temporary residence
964within the state or out of state while the sexual offender is
965under supervision in this state, including any rural route
966address or post office box; if no permanent or temporary
967address, any transient residence within the state; and address,
968location or description, and dates of any current or known
969future temporary residence within the state or out of state. The
970Department of Corrections shall verify the address of each
971sexual offender in the manner described in ss. 775.21 and
972943.0435. The department shall report to the Department of Law
973Enforcement any failure by a sexual predator or sexual offender
974to comply with registration requirements.
975     (b)  If the sexual offender is enrolled, employed, or
976carrying on a vocation at an institution of higher education in
977this state, the sexual offender shall provide the name, address,
978and county of each institution, including each campus attended,
979and the sexual offender's enrollment or employment status. Each
980change in enrollment or employment status shall be reported to
981the department within 48 hours after the change in status. The
982Department of Corrections shall promptly notify each institution
983of the sexual offender's presence and any change in the sexual
984offender's enrollment or employment status.
985     (6)  The information provided to the Department of Law
986Enforcement must include:
987     (a)  The information obtained from the sexual offender
988under subsection (4);
989     (b)  The sexual offender's most current address, and place
990of permanent, and temporary, or transient residence within the
991state or out of state, and address, location or description, and
992dates of any current or known future temporary residence within
993the state or out of state, while the sexual offender is under
994supervision in this state, including the name of the county or
995municipality in which the offender permanently or temporarily
996resides, or has a transient residence, and address, location or
997description, and dates of any current or known future temporary
998residence within the state or out of state, and, if known, the
999intended place of permanent, or temporary, or transient
1000residence, and address, location or description, and dates of
1001any current or known future temporary residence within the state
1002or out of state upon satisfaction of all sanctions;
1003     (c)  The legal status of the sexual offender and the
1004scheduled termination date of that legal status;
1005     (d)  The location of, and local telephone number for, any
1006Department of Corrections' office that is responsible for
1007supervising the sexual offender;
1008     (e)  An indication of whether the victim of the offense
1009that resulted in the offender's status as a sexual offender was
1010a minor;
1011     (f)  The offense or offenses at conviction which resulted
1012in the determination of the offender's status as a sex offender;
1013and
1014     (g)  A digitized photograph of the sexual offender which
1015must have been taken within 60 days before the offender is
1016released from the custody of the department or a private
1017correctional facility by expiration of sentence under s. 944.275
1018or must have been taken by January 1, 1998, or within 60 days
1019after the onset of the department's supervision of any sexual
1020offender who is on probation, community control, conditional
1021release, parole, provisional release, or control release or who
1022is supervised by the department under the Interstate Compact
1023Agreement for Probationers and Parolees. If the sexual offender
1024is in the custody of a private correctional facility, the
1025facility shall take a digitized photograph of the sexual
1026offender within the time period provided in this paragraph and
1027shall provide the photograph to the department.
1028
1029If any information provided by the department changes during the
1030time the sexual offender is under the department's control,
1031custody, or supervision, including any change in the offender's
1032name by reason of marriage or other legal process, the
1033department shall, in a timely manner, update the information and
1034provide it to the Department of Law Enforcement in the manner
1035prescribed in subsection (2).
1036     (13)
1037     (c)  The sheriff's office may determine the appropriate
1038times and days for reporting by the sexual offender, which shall
1039be consistent with the reporting requirements of this
1040subsection. Reregistration shall include any changes to the
1041following information:
1042     1.  Name; social security number; age; race; sex; date of
1043birth; height; weight; hair and eye color; address of any
1044permanent residence and address of any current temporary
1045residence, within the state or out of state, including a rural
1046route address and a post office box; if no permanent or
1047temporary address, any transient residence; address, location or
1048description, and dates of any current or known future temporary
1049residence within the state or out of state; any electronic mail
1050address and any instant message name required to be provided
1051pursuant to s. 943.0435(4)(d); date and place of any employment;
1052vehicle make, model, color, and license tag number;
1053fingerprints; and photograph. A post office box shall not be
1054provided in lieu of a physical residential address.
1055     2.  If the sexual offender is enrolled, employed, or
1056carrying on a vocation at an institution of higher education in
1057this state, the sexual offender shall also provide to the
1058department the name, address, and county of each institution,
1059including each campus attended, and the sexual offender's
1060enrollment or employment status.
1061     3.  If the sexual offender's place of residence is a motor
1062vehicle, trailer, mobile home, or manufactured home, as defined
1063in chapter 320, the sexual offender shall also provide the
1064vehicle identification number; the license tag number; the
1065registration number; and a description, including color scheme,
1066of the motor vehicle, trailer, mobile home, or manufactured
1067home. If the sexual offender's place of residence is a vessel,
1068live-aboard vessel, or houseboat, as defined in chapter 327, the
1069sexual offender shall also provide the hull identification
1070number; the manufacturer's serial number; the name of the
1071vessel, live-aboard vessel, or houseboat; the registration
1072number; and a description, including color scheme, of the
1073vessel, live-aboard vessel or houseboat.
1074     4.  Any sexual offender who fails to report in person as
1075required at the sheriff's office, or who fails to respond to any
1076address verification correspondence from the department within 3
1077weeks of the date of the correspondence, or who fails to report
1078electronic mail addresses or instant message names, commits a
1079felony of the third degree, punishable as provided in s.
1080775.082, s. 775.083, or s. 775.084.
1081     Section 8.  Section 947.005, Florida Statutes, is amended
1082to read:
1083     947.005  Definitions.-As used in this chapter, unless the
1084context clearly indicates otherwise:
1085     (1)(8)  "Authority" means the Control Release Authority.
1086     (2)  "Child care facility" has the same meaning as provided
1087in s. 402.302.
1088     (3)(1)  "Commission" means the Parole Commission.
1089     (4)(2)  "Department" means the Department of Corrections.
1090     (5)  "Effective parole release date" means the actual
1091parole release date as determined by the presumptive parole
1092release date, satisfactory institutional conduct, and an
1093acceptable parole plan.
1094     (6)  "Park" has the same meaning as provided in s. 775.215.
1095     (7)  "Playground" has the same meaning as provided in s.
1096775.215.
1097     (8)(4)  "Presumptive parole release date" means the
1098tentative parole release date as determined by objective parole
1099guidelines.
1100     (9)(7)  "Provisional release date" means the date projected
1101for the prisoner's release from custody as determined pursuant
1102to s. 944.277.
1103     (10)(9)  "Qualified practitioner" means a social worker,
1104mental health counselor, or a marriage and family therapist
1105licensed under chapter 491 who, as determined by rule of the
1106respective board, has the coursework, training, qualifications,
1107and experience to evaluate and treat sexual offenders; a
1108psychiatrist licensed under chapter 458 or chapter 459; or, a
1109psychologist licensed under chapter 490, or a social worker, a
1110mental health counselor, or a marriage and family therapist
1111licensed under chapter 491 who practices in accordance with his
1112or her respective practice act.
1113     (11)(10)  "Risk assessment" means an assessment completed
1114by an independent qualified practitioner to evaluate the level
1115of risk associated when a sex offender has contact with a child.
1116     (12)(11)  "Safety plan" means a written document prepared
1117by the qualified practitioner, in collaboration with the sex
1118offender, the child's parent or legal guardian, and, when
1119appropriate, the child, which establishes clear roles and
1120responsibilities for each individual involved in any contact
1121between the child and the sex offender.
1122     (13)  "School" has the same meaning as provided in s.
1123775.215.
1124     (14)(3)  "Secretary" means the Secretary of Corrections.
1125     (15)(6)  "Tentative release date" means the date projected
1126for the prisoner's release from custody by virtue of gain-time
1127granted or forfeited pursuant to s. 944.275(3)(a).
1128     Section 9.  Subsection (7) of section 947.1405, Florida
1129Statutes, is amended, and subsection (12) is added to that
1130section, to read:
1131     947.1405  Conditional release program.-
1132     (7)(a)  Any inmate who is convicted of a crime committed on
1133or after October 1, 1995, or who has been previously convicted
1134of a crime committed on or after October 1, 1995, in violation
1135of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
1136847.0145, and is subject to conditional release supervision,
1137shall have, in addition to any other conditions imposed, the
1138following special conditions imposed by the commission:
1139     1.  A mandatory curfew from 10 p.m. to 6 a.m. The
1140commission may designate another 8-hour period if the offender's
1141employment precludes the above specified time, and such
1142alternative is recommended by the Department of Corrections. If
1143the commission determines that imposing a curfew would endanger
1144the victim, the commission may consider alternative sanctions.
1145     2.  If the victim was under the age of 18, a prohibition on
1146living within 1,000 feet of a school, child care facility day
1147care center, park, playground, designated public school bus
1148stop, or other place where children regularly congregate. A
1149releasee who is subject to this subparagraph may not relocate to
1150a residence that is within 1,000 feet of a public school bus
1151stop. Beginning October 1, 2004, the commission or the
1152department may not approve a residence that is located within
11531,000 feet of a school, child care facility day care center,
1154park, playground, designated school bus stop, or other place
1155where children regularly congregate for any releasee who is
1156subject to this subparagraph. On October 1, 2004, the department
1157shall notify each affected school district of the location of
1158the residence of a releasee 30 days prior to release and
1159thereafter, if the releasee relocates to a new residence, shall
1160notify any affected school district of the residence of the
1161releasee within 30 days after relocation. If, on October 1,
11622004, any public school bus stop is located within 1,000 feet of
1163the existing residence of such releasee, the district school
1164board shall relocate that school bus stop. Beginning October 1,
11652004, a district school board may not establish or relocate a
1166public school bus stop within 1,000 feet of the residence of a
1167releasee who is subject to this subparagraph. The failure of the
1168district school board to comply with this subparagraph shall not
1169result in a violation of conditional release supervision. A
1170releasee who is subject to this subparagraph may not be forced
1171to relocate and does not violate his or her conditional release
1172supervision if he or she is living in a residence that meets the
1173requirements of this subparagraph and a school, child care
1174facility, park, playground, designated public school bus stop,
1175or other place where children regularly congregate is
1176subsequently established within 1,000 feet of his or her
1177residence.
1178     3.  Active participation in and successful completion of a
1179sex offender treatment program with qualified practitioners
1180specifically trained to treat sex offenders, at the releasee's
1181own expense. If a qualified practitioner is not available within
1182a 50-mile radius of the releasee's residence, the offender shall
1183participate in other appropriate therapy.
1184     4.  A prohibition on any contact with the victim, directly
1185or indirectly, including through a third person, unless approved
1186by the victim, a qualified practitioner in the sexual offender
1187treatment program the offender's therapist, and the sentencing
1188court.
1189     5.  If the victim was under the age of 18, a prohibition
1190against contact with children under the age of 18 without review
1191and approval by the commission. The commission may approve
1192supervised contact with a child under the age of 18 if the
1193approval is based upon a recommendation for contact issued by a
1194qualified practitioner who is basing the recommendation on a
1195risk assessment. Further, the sex offender must be currently
1196enrolled in or have successfully completed a sex offender
1197therapy program. The commission may not grant supervised contact
1198with a child if the contact is not recommended by a qualified
1199practitioner and may deny supervised contact with a child at any
1200time. When considering whether to approve supervised contact
1201with a child, the commission must review and consider the
1202following:
1203     a.  A risk assessment completed by a qualified
1204practitioner. The qualified practitioner must prepare a written
1205report that must include the findings of the assessment and
1206address each of the following components:
1207     (I)  The sex offender's current legal status;
1208     (II)  The sex offender's history of adult charges with
1209apparent sexual motivation;
1210     (III)  The sex offender's history of adult charges without
1211apparent sexual motivation;
1212     (IV)  The sex offender's history of juvenile charges,
1213whenever available;
1214     (V)  The sex offender's offender treatment history,
1215including a consultation from the sex offender's treating, or
1216most recent treating, therapist;
1217     (VI)  The sex offender's current mental status;
1218     (VII)  The sex offender's mental health and substance abuse
1219history as provided by the Department of Corrections;
1220     (VIII)  The sex offender's personal, social, educational,
1221and work history;
1222     (IX)  The results of current psychological testing of the
1223sex offender if determined necessary by the qualified
1224practitioner;
1225     (X)  A description of the proposed contact, including the
1226location, frequency, duration, and supervisory arrangement;
1227     (XI)  The child's preference and relative comfort level
1228with the proposed contact, when age-appropriate;
1229     (XII)  The parent's or legal guardian's preference
1230regarding the proposed contact; and
1231     (XIII)  The qualified practitioner's opinion, along with
1232the basis for that opinion, as to whether the proposed contact
1233would likely pose significant risk of emotional or physical harm
1234to the child.
1235
1236The written report of the assessment must be given to the
1237commission.
1238     b.  A recommendation made as a part of the risk-assessment
1239report as to whether supervised contact with the child should be
1240approved;
1241     c.  A written consent signed by the child's parent or legal
1242guardian, if the parent or legal guardian is not the sex
1243offender, agreeing to the sex offender having supervised contact
1244with the child after receiving full disclosure of the sex
1245offender's present legal status, past criminal history, and the
1246results of the risk assessment. The commission may not approve
1247contact with the child if the parent or legal guardian refuses
1248to give written consent for supervised contact;
1249     d.  A safety plan prepared by the qualified practitioner,
1250who provides treatment to the offender, in collaboration with
1251the sex offender, the child's parent or legal guardian, and the
1252child, when age appropriate, which details the acceptable
1253conditions of contact between the sex offender and the child.
1254The safety plan must be reviewed and approved by the Department
1255of Corrections before being submitted to the commission; and
1256     e.  Evidence that the child's parent or legal guardian, if
1257the parent or legal guardian is not the sex offender,
1258understands the need for and agrees to the safety plan and has
1259agreed to provide, or to designate another adult to provide,
1260constant supervision any time the child is in contact with the
1261offender.
1262
1263The commission may not appoint a person to conduct a risk
1264assessment and may not accept a risk assessment from a person
1265who has not demonstrated to the commission that he or she has
1266met the requirements of a qualified practitioner as defined in
1267this section.
1268     6.  If the victim was under age 18, a prohibition on
1269working for pay or as a volunteer at any school, child care
1270facility day care center, park, playground, or other place where
1271children regularly congregate, as prescribed by the commission.
1272     7.  Unless otherwise indicated in the treatment plan
1273provided by a qualified practitioner in the sexual offender
1274treatment program, a prohibition on viewing, owning, or
1275possessing any obscene, pornographic, or sexually stimulating
1276visual or auditory material, including telephone, electronic
1277media, computer programs, or computer services that are relevant
1278to the offender's deviant behavior pattern.
1279     8.  Effective for a releasee whose crime is committed on or
1280after July 1, 2005, a prohibition on accessing the Internet or
1281other computer services until a qualified practitioner in the
1282offender's sex offender treatment program, after a risk
1283assessment is completed, approves and implements a safety plan
1284for the offender's accessing or using the Internet or other
1285computer services.
1286     9.  A requirement that the releasee must submit two
1287specimens of blood to the Florida Department of Law Enforcement
1288to be registered with the DNA database.
1289     10.  A requirement that the releasee make restitution to
1290the victim, as determined by the sentencing court or the
1291commission, for all necessary medical and related professional
1292services relating to physical, psychiatric, and psychological
1293care.
1294     11.  Submission to a warrantless search by the community
1295control or probation officer of the probationer's or community
1296controllee's person, residence, or vehicle.
1297     (b)  For a releasee whose crime was committed on or after
1298October 1, 1997, in violation of chapter 794, s. 800.04, s.
1299827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
1300conditional release supervision, in addition to any other
1301provision of this subsection, the commission shall impose the
1302following additional conditions of conditional release
1303supervision:
1304     1.  As part of a treatment program, participation in a
1305minimum of one annual polygraph examination to obtain
1306information necessary for risk management and treatment and to
1307reduce the sex offender's denial mechanisms. The polygraph
1308examination must be conducted by a polygrapher who is a member
1309of a national or state polygraph association and who is
1310certified as a postconviction sex offender polygrapher trained
1311specifically in the use of the polygraph for the monitoring of
1312sex offenders, where available, and at the expense of the
1313releasee sex offender. The results of the examination shall be
1314provided to the releasee's probation officer and qualified
1315practitioner and may not be used as evidence in a hearing to
1316prove that a violation of supervision has occurred.
1317     2.  Maintenance of a driving log and a prohibition against
1318driving a motor vehicle alone without the prior approval of the
1319supervising officer.
1320     3.  A prohibition against obtaining or using a post office
1321box without the prior approval of the supervising officer.
1322     4.  If there was sexual contact, a submission to, at the
1323releasee's probationer's or community controllee's expense, an
1324HIV test with the results to be released to the victim or the
1325victim's parent or guardian.
1326     5.  Electronic monitoring of any form when ordered by the
1327commission. Any person who has been placed under supervision and
1328is electronically monitored by the department must pay the
1329department for the cost of the electronic monitoring service at
1330a rate that may not exceed the full cost of the monitoring
1331service. Funds collected under this subparagraph shall be
1332deposited into the General Revenue Fund. The department may
1333exempt a person from the payment of all or any part of the
1334electronic monitoring service cost if the department finds that
1335any of the factors listed in s. 948.09(3) exist.
1336     (12)  In addition to all other conditions imposed, for a
1337releasee who is subject to conditional release for a crime that
1338was committed on or after the effective date of this act, and
1339who has been convicted at any time of committing, or attempting,
1340soliciting, or conspiring to commit, any of the criminal
1341offenses listed in s. 943.0435(1)(a)1.a.(I), or a similar
1342offense in another jurisdiction against a victim who was under
134318 years of age at the time of the offense, if the releasee has
1344not received a pardon for any felony or similar law of another
1345jurisdiction necessary for the operation of this subsection, if
1346a conviction of a felony or similar law of another jurisdiction
1347necessary for the operation of this subsection has not been set
1348aside in any postconviction proceeding, or if the releasee has
1349not been removed from the requirement to register as a sexual
1350offender or sexual predator pursuant to s. 943.04354, the
1351commission must impose the following conditions:
1352     (a)  A prohibition on visiting schools, child care
1353facilities, parks, and playgrounds without prior approval from
1354the releasee's supervising officer. The commission may also
1355designate additional prohibited locations to protect a victim.
1356The prohibition ordered under this paragraph does not prohibit
1357the releasee from visiting a school, child care facility, park,
1358or playground for the sole purpose of attending a religious
1359service as defined in s. 775.0861 or picking up or dropping off
1360the releasee's child or grandchild at a child care facility or
1361school.
1362     (b)  A prohibition on distributing candy or other items to
1363children on Halloween; wearing a Santa Claus costume, or other
1364costume to appeal to children, on or preceding Christmas;
1365wearing an Easter Bunny costume, or other costume to appeal to
1366children, on or preceding Easter; entertaining at children's
1367parties; or wearing a clown costume without prior approval from
1368the commission.
1369     Section 10.  Section 948.001, Florida Statutes, is amended
1370to read:
1371     948.001  Definitions.-As used in this chapter, the term:
1372     (1)  "Administrative probation" means a form of noncontact
1373supervision in which an offender who presents a low risk of harm
1374to the community may, upon satisfactory completion of half the
1375term of probation, be transferred by the Department of
1376Corrections to nonreporting status until expiration of the term
1377of supervision.
1378     (2)  "Child care facility" has the same meaning as provided
1379in s. 402.302.
1380     (3)(2)  "Community control" means a form of intensive,
1381supervised custody in the community, including surveillance on
1382weekends and holidays, administered by officers with restricted
1383caseloads. Community control is an individualized program in
1384which the freedom of an offender is restricted within the
1385community, home, or noninstitutional residential placement and
1386specific sanctions are imposed and enforced.
1387     (4)(9)  "Community residential drug punishment center"
1388means a residential drug punishment center designated by the
1389Department of Corrections. The Department of Corrections shall
1390adopt rules as necessary to define and operate such a center.
1391     (5)(3)  "Criminal quarantine community control" means
1392intensive supervision, by officers with restricted caseloads,
1393with a condition of 24-hour-per-day electronic monitoring, and a
1394condition of confinement to a designated residence during
1395designated hours.
1396     (6)(4)  "Drug offender probation" means a form of intensive
1397supervision that which emphasizes treatment of drug offenders in
1398accordance with individualized treatment plans administered by
1399officers with restricted caseloads. Caseloads should be
1400restricted to a maximum of 50 cases per officer in order to
1401ensure an adequate level of staffing.
1402     (7)  "Park" has the same meaning as provided in s. 775.215.
1403     (8)  "Playground" has the same meaning as provided in s.
1404775.215.
1405     (9)(5)  "Probation" means a form of community supervision
1406requiring specified contacts with parole and probation officers
1407and other terms and conditions as provided in s. 948.03.
1408     (10)(6)  "Qualified practitioner" means a social worker,
1409mental health counselor, or a marriage and family therapist
1410licensed under chapter 491 who, as determined by rule of the
1411respective board, has the coursework, training, qualifications,
1412and experience to evaluate and treat sexual offenders; a
1413psychiatrist licensed under chapter 458 or chapter 459; or, a
1414psychologist licensed under chapter 490, or a social worker, a
1415mental health counselor, or a marriage and family therapist
1416licensed under chapter 491 who practices in accordance with his
1417or her respective practice act.
1418     (11)(7)  "Risk assessment" means an assessment completed by
1419a an independent qualified practitioner to evaluate the level of
1420risk associated when a sex offender has contact with a child.
1421     (12)(8)  "Safety plan" means a written document prepared by
1422the qualified practitioner, in collaboration with the sex
1423offender, the child's parent or legal guardian, and, when
1424appropriate, the child which establishes clear roles and
1425responsibilities for each individual involved in any contact
1426between the child and the sex offender.
1427     (13)  "School" has the same meaning as provided in s.
1428775.215.
1429     (14)(10)  "Sex offender probation" or "sex offender
1430community control" means a form of intensive supervision, with
1431or without electronic monitoring, which emphasizes treatment and
1432supervision of a sex offender in accordance with an
1433individualized treatment plan administered by an officer who has
1434a restricted caseload and specialized training. An officer who
1435supervises an offender placed on sex offender probation or sex
1436offender community control must meet as necessary with a
1437treatment provider and polygraph examiner to develop and
1438implement the supervision and treatment plan, if a treatment
1439provider and polygraph examiner specially trained in the
1440treatment and monitoring of sex offenders are reasonably
1441available.
1442     Section 11.  Subsection (1) and paragraph (a) of subsection
1443(2) of section 948.30, Florida Statutes, are amended, and
1444subsection (4) is added to that section, to read:
1445     948.30  Additional terms and conditions of probation or
1446community control for certain sex offenses.-Conditions imposed
1447pursuant to this section do not require oral pronouncement at
1448the time of sentencing and shall be considered standard
1449conditions of probation or community control for offenders
1450specified in this section.
1451     (1)  Effective for probationers or community controllees
1452whose crime was committed on or after October 1, 1995, and who
1453are placed under supervision for violation of chapter 794, s.
1454800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court
1455must impose the following conditions in addition to all other
1456standard and special conditions imposed:
1457     (a)  A mandatory curfew from 10 p.m. to 6 a.m. The court
1458may designate another 8-hour period if the offender's employment
1459precludes the above specified time, and the alternative is
1460recommended by the Department of Corrections. If the court
1461determines that imposing a curfew would endanger the victim, the
1462court may consider alternative sanctions.
1463     (b)  If the victim was under the age of 18, a prohibition
1464on living within 1,000 feet of a school, child care facility day
1465care center, park, playground, or other place where children
1466regularly congregate, as prescribed by the court. The 1,000-foot
1467distance shall be measured in a straight line from the
1468offender's place of residence to the nearest boundary line of
1469the school, child care facility day care center, park,
1470playground, or other place where children congregate. The
1471distance may not be measured by a pedestrian route or automobile
1472route. A probationer or community controllee who is subject to
1473this paragraph may not be forced to relocate and does not
1474violate his or her probation or community control if he or she
1475is living in a residence that meets the requirements of this
1476paragraph and a school, child care facility, park, playground,
1477or other place where children regularly congregate is
1478subsequently established within 1,000 feet of his or her
1479residence.
1480     (c)  Active participation in and successful completion of a
1481sex offender treatment program with qualified practitioners
1482specifically trained to treat sex offenders, at the
1483probationer's or community controllee's own expense. If a
1484qualified practitioner is not available within a 50-mile radius
1485of the probationer's or community controllee's residence, the
1486offender shall participate in other appropriate therapy.
1487     (d)  A prohibition on any contact with the victim, directly
1488or indirectly, including through a third person, unless approved
1489by the victim, a qualified practitioner in the sexual offender
1490treatment program the offender's therapist, and the sentencing
1491court.
1492     (e)  If the victim was under the age of 18, a prohibition
1493on contact with a child under the age of 18 except as provided
1494in this paragraph. The court may approve supervised contact with
1495a child under the age of 18 if the approval is based upon a
1496recommendation for contact issued by a qualified practitioner
1497who is basing the recommendation on a risk assessment. Further,
1498the sex offender must be currently enrolled in or have
1499successfully completed a sex offender therapy program. The court
1500may not grant supervised contact with a child if the contact is
1501not recommended by a qualified practitioner and may deny
1502supervised contact with a child at any time. When considering
1503whether to approve supervised contact with a child, the court
1504must review and consider the following:
1505     1.  A risk assessment completed by a qualified
1506practitioner. The qualified practitioner must prepare a written
1507report that must include the findings of the assessment and
1508address each of the following components:
1509     a.  The sex offender's current legal status;
1510     b.  The sex offender's history of adult charges with
1511apparent sexual motivation;
1512     c.  The sex offender's history of adult charges without
1513apparent sexual motivation;
1514     d.  The sex offender's history of juvenile charges,
1515whenever available;
1516     e.  The sex offender's offender treatment history,
1517including consultations with the sex offender's treating, or
1518most recent treating, therapist;
1519     f.  The sex offender's current mental status;
1520     g.  The sex offender's mental health and substance abuse
1521treatment history as provided by the Department of Corrections;
1522     h.  The sex offender's personal, social, educational, and
1523work history;
1524     i.  The results of current psychological testing of the sex
1525offender if determined necessary by the qualified practitioner;
1526     j.  A description of the proposed contact, including the
1527location, frequency, duration, and supervisory arrangement;
1528     k.  The child's preference and relative comfort level with
1529the proposed contact, when age appropriate;
1530     l.  The parent's or legal guardian's preference regarding
1531the proposed contact; and
1532     m.  The qualified practitioner's opinion, along with the
1533basis for that opinion, as to whether the proposed contact would
1534likely pose significant risk of emotional or physical harm to
1535the child.
1536
1537The written report of the assessment must be given to the court;
1538     2.  A recommendation made as a part of the risk assessment
1539report as to whether supervised contact with the child should be
1540approved;
1541     3.  A written consent signed by the child's parent or legal
1542guardian, if the parent or legal guardian is not the sex
1543offender, agreeing to the sex offender having supervised contact
1544with the child after receiving full disclosure of the sex
1545offender's present legal status, past criminal history, and the
1546results of the risk assessment. The court may not approve
1547contact with the child if the parent or legal guardian refuses
1548to give written consent for supervised contact;
1549     4.  A safety plan prepared by the qualified practitioner,
1550who provides treatment to the offender, in collaboration with
1551the sex offender, the child's parent or legal guardian, if the
1552parent or legal guardian is not the sex offender, and the child,
1553when age appropriate, which details the acceptable conditions of
1554contact between the sex offender and the child. The safety plan
1555must be reviewed and approved by the court; and
1556     5.  Evidence that the child's parent or legal guardian
1557understands the need for and agrees to the safety plan and has
1558agreed to provide, or to designate another adult to provide,
1559constant supervision any time the child is in contact with the
1560offender.
1561
1562The court may not appoint a person to conduct a risk assessment
1563and may not accept a risk assessment from a person who has not
1564demonstrated to the court that he or she has met the
1565requirements of a qualified practitioner as defined in this
1566section.
1567     (f)  If the victim was under age 18, a prohibition on
1568working for pay or as a volunteer at any place where children
1569regularly congregate, including, but not limited to, schools,
1570child care facilities day care centers, parks, playgrounds, pet
1571stores, libraries, zoos, theme parks, and malls.
1572     (g)  Unless otherwise indicated in the treatment plan
1573provided by a qualified practitioner in the sexual offender
1574treatment program, a prohibition on viewing, accessing, owning,
1575or possessing any obscene, pornographic, or sexually stimulating
1576visual or auditory material, including telephone, electronic
1577media, computer programs, or computer services that are relevant
1578to the offender's deviant behavior pattern.
1579     (h)  Effective for probationers and community controllees
1580whose crime is committed on or after July 1, 2005, a prohibition
1581on accessing the Internet or other computer services until a
1582qualified practitioner in the offender's sex offender treatment
1583program, after a risk assessment is completed, approves and
1584implements a safety plan for the offender's accessing or using
1585the Internet or other computer services.
1586     (i)  A requirement that the probationer or community
1587controllee must submit a specimen of blood or other approved
1588biological specimen to the Department of Law Enforcement to be
1589registered with the DNA data bank.
1590     (j)  A requirement that the probationer or community
1591controllee make restitution to the victim, as ordered by the
1592court under s. 775.089, for all necessary medical and related
1593professional services relating to physical, psychiatric, and
1594psychological care.
1595     (k)  Submission to a warrantless search by the community
1596control or probation officer of the probationer's or community
1597controllee's person, residence, or vehicle.
1598     (2)  Effective for a probationer or community controllee
1599whose crime was committed on or after October 1, 1997, and who
1600is placed on community control or sex offender probation for a
1601violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1602or s. 847.0145, in addition to any other provision of this
1603section, the court must impose the following conditions of
1604probation or community control:
1605     (a)  As part of a treatment program, participation at least
1606annually in polygraph examinations to obtain information
1607necessary for risk management and treatment and to reduce the
1608sex offender's denial mechanisms. A polygraph examination must
1609be conducted by a polygrapher who is a member of a national or
1610state polygraph association and who is certified as a
1611postconviction sex offender polygrapher trained specifically in
1612the use of the polygraph for the monitoring of sex offenders,
1613where available, and shall be paid for by the probationer or
1614community controllee sex offender. The results of the polygraph
1615examination shall be provided to the probationer's or community
1616controllee's probation officer and qualified practitioner and
1617shall not be used as evidence in court to prove that a violation
1618of community supervision has occurred.
1619     (4)  In addition to all other conditions imposed, for a
1620probationer or community controllee who is subject to
1621supervision for a crime that was committed on or after the
1622effective date of this act, and who has been convicted at any
1623time of committing, or attempting, soliciting, or conspiring to
1624commit, any of the criminal offenses listed in s.
1625943.0435(1)(a)1.a.(I), or a similar offense in another
1626jurisdiction, against a victim who was under the age of 18 at
1627the time of the offense; if the offender has not received a
1628pardon for any felony or similar law of another jurisdiction
1629necessary for the operation of this subsection, if a conviction
1630of a felony or similar law of another jurisdiction necessary for
1631the operation of this subsection has not been set aside in any
1632postconviction proceeding, or if the offender has not been
1633removed from the requirement to register as a sexual offender or
1634sexual predator pursuant to s. 943.04354, the court must impose
1635the following conditions:
1636     (a)  A prohibition on visiting schools, child care
1637facilities, parks, and playgrounds, without prior approval from
1638the offender's supervising officer. The court may also designate
1639additional locations to protect a victim. The prohibition
1640ordered under this paragraph does not prohibit the offender from
1641visiting a school, child care facility, park, or playground for
1642the sole purpose of attending a religious service as defined in
1643s. 775.0861 or picking up or dropping off the offender's
1644children or grandchildren at a child care facility or school.
1645     (b)  A prohibition on distributing candy or other items to
1646children on Halloween; wearing a Santa Claus costume, or other
1647costume to appeal to children, on or preceding Christmas;
1648wearing an Easter Bunny costume, or other costume to appeal to
1649children, on or preceding Easter; entertaining at children's
1650parties; or wearing a clown costume; without prior approval from
1651the court.
1652     Section 12.  Section 948.31, Florida Statutes, is amended
1653to read:
1654     948.31  Diagnosis, Evaluation, and treatment of sexual
1655predators and offenders placed on probation or community control
1656for certain sex offenses or child exploitation.-The court shall
1657require an a diagnosis and evaluation by a qualified
1658practitioner to determine the need of a probationer or community
1659controlee offender in community control for treatment. If the
1660court determines that a need therefor is established by the such
1661diagnosis and evaluation process, the court shall require sexual
1662offender treatment outpatient counseling as a term or condition
1663of probation or community control for any person who is required
1664to register as a sexual predator under s. 775.21 or sexual
1665offender under s. 943.0435, s. 944.606, or s. 944.607. was found
1666guilty of any of the following, or whose plea of guilty or nolo
1667contendere to any of the following was accepted by the court:
1668     (1)  Lewd or lascivious battery, lewd or lascivious
1669molestation, lewd or lascivious conduct, or lewd or lascivious
1670exhibition, as defined in s. 800.04 or s. 847.0135(5).
1671     (2)  Sexual battery, as defined in chapter 794, against a
1672child.
1673     (3)  Exploitation of a child as provided in s. 450.151, or
1674for prostitution.
1675
1676Such treatment counseling shall be required to be obtained from
1677a qualified practitioner as defined in s. 948.001. Treatment may
1678not be administered by a qualified practitioner who has been
1679convicted or adjudicated delinquent of committing, or
1680attempting, soliciting, or conspiring to commit, any offense
1681that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1682impose a restriction against contact with minors if sexual
1683offender treatment is recommended a community mental health
1684center, a recognized social service agency providing mental
1685health services, or a private mental health professional or
1686through other professional counseling. The evaluation and
1687recommendations plan for treatment of counseling for the
1688probationer or community controlee individual shall be provided
1689to the court for review.
1690     Section 13.  Paragraph (a) of subsection (3) of section
1691985.481, Florida Statutes, is amended to read:
1692     985.481  Sexual offenders adjudicated delinquent;
1693notification upon release.-
1694     (3)(a)  The department must provide information regarding
1695any sexual offender who is being released after serving a period
1696of residential commitment under the department for any offense,
1697as follows:
1698     1.  The department must provide the sexual offender's name,
1699any change in the offender's name by reason of marriage or other
1700legal process, and any alias, if known; the correctional
1701facility from which the sexual offender is released; the sexual
1702offender's social security number, race, sex, date of birth,
1703height, weight, and hair and eye color; address of any planned
1704permanent residence or temporary residence, within the state or
1705out of state, including a rural route address and a post office
1706box; if no permanent or temporary address, any transient
1707residence within the state; address, location or description,
1708and dates of any known future temporary residence within the
1709state or out of state; date and county of disposition and each
1710crime for which there was a disposition; a copy of the
1711offender's fingerprints and a digitized photograph taken within
171260 days before release; the date of release of the sexual
1713offender; and home telephone number and any cellular telephone
1714number; and the offender's intended residence address, if known.
1715The department shall notify the Department of Law Enforcement if
1716the sexual offender escapes, absconds, or dies. If the sexual
1717offender is in the custody of a private correctional facility,
1718the facility shall take the digitized photograph of the sexual
1719offender within 60 days before the sexual offender's release and
1720also place it in the sexual offender's file. If the sexual
1721offender is in the custody of a local jail, the custodian of the
1722local jail shall register the offender within 3 business days
1723after intake of the offender for any reason and upon release,
1724and shall notify the Department of Law Enforcement of the sexual
1725offender's release and provide to the Department of Law
1726Enforcement the information specified in this subparagraph and
1727any information specified in subparagraph 2. which the
1728Department of Law Enforcement requests.
1729     2.  The department may provide any other information
1730considered necessary, including criminal and delinquency
1731records, when available.
1732     Section 14.  Paragraph (a) of subsection (4), paragraph (a)
1733of subsection (6), and paragraph (b) of subsection (13) of
1734section 985.4815, Florida Statutes, are amended to read:
1735     985.4815  Notification to Department of Law Enforcement of
1736information on juvenile sexual offenders.-
1737     (4)  A sexual offender, as described in this section, who
1738is under the supervision of the department but who is not
1739committed must register with the department within 3 business
1740days after adjudication and disposition for a registrable
1741offense and otherwise provide information as required by this
1742subsection.
1743     (a)  The sexual offender shall provide his or her name;
1744date of birth; social security number; race; sex; height;
1745weight; hair and eye color; tattoos or other identifying marks;
1746and permanent or legal residence and address of temporary
1747residence within the state or out of state while the sexual
1748offender is in the care or custody or under the jurisdiction or
1749supervision of the department in this state, including any rural
1750route address or post office box; if no permanent or temporary
1751address, any transient residence; address, location or
1752description, and dates of any current or known future temporary
1753residence within the state or out of state;, and the name and
1754address of each school attended. The department shall verify the
1755address of each sexual offender and shall report to the
1756Department of Law Enforcement any failure by a sexual offender
1757to comply with registration requirements.
1758     (6)(a)  The information provided to the Department of Law
1759Enforcement must include the following:
1760     1.  The information obtained from the sexual offender under
1761subsection (4).
1762     2.  The sexual offender's most current address and place of
1763permanent, or temporary, or transient residence within the state
1764or out of state, and address, location or description, and dates
1765of any current or known future temporary residence within the
1766state or out of state, while the sexual offender is in the care
1767or custody or under the jurisdiction or supervision of the
1768department in this state, including the name of the county or
1769municipality in which the offender permanently or temporarily
1770resides, or has a transient residence, and address, location or
1771description, and dates of any current or known future temporary
1772residence within the state or out of state; and, if known, the
1773intended place of permanent, or temporary, or transient
1774residence, and address, location or description, and dates of
1775any current or known future temporary residence within the state
1776or out of state upon satisfaction of all sanctions.
1777     3.  The legal status of the sexual offender and the
1778scheduled termination date of that legal status.
1779     4.  The location of, and local telephone number for, any
1780department office that is responsible for supervising the sexual
1781offender.
1782     5.  An indication of whether the victim of the offense that
1783resulted in the offender's status as a sexual offender was a
1784minor.
1785     6.  The offense or offenses at adjudication and disposition
1786that resulted in the determination of the offender's status as a
1787sex offender.
1788     7.  A digitized photograph of the sexual offender, which
1789must have been taken within 60 days before the offender was
1790released from the custody of the department or a private
1791correctional facility by expiration of sentence under s.
1792944.275, or within 60 days after the onset of the department's
1793supervision of any sexual offender who is on probation,
1794postcommitment probation, residential commitment, nonresidential
1795commitment, licensed child-caring commitment, community control,
1796conditional release, parole, provisional release, or control
1797release or who is supervised by the department under the
1798Interstate Compact Agreement for Probationers and Parolees. If
1799the sexual offender is in the custody of a private correctional
1800facility, the facility shall take a digitized photograph of the
1801sexual offender within the time period provided in this
1802subparagraph and shall provide the photograph to the department.
1803     (13)
1804     (b)  The sheriff's office may determine the appropriate
1805times and days for reporting by the sexual offender, which shall
1806be consistent with the reporting requirements of this
1807subsection. Reregistration shall include any changes to the
1808following information:
1809     1.  Name; social security number; age; race; sex; date of
1810birth; height; weight; hair and eye color; address of any
1811permanent residence and address of any current temporary
1812residence, within the state or out of state, including a rural
1813route address and a post office box; if no permanent or
1814temporary address, any transient residence; address, location or
1815description, and dates of any current or known future temporary
1816residence within the state or out of state; name and address of
1817each school attended; date and place of any employment; vehicle
1818make, model, color, and license tag number; fingerprints; and
1819photograph. A post office box shall not be provided in lieu of a
1820physical residential address.
1821     2.  If the sexual offender is enrolled, employed, or
1822carrying on a vocation at an institution of higher education in
1823this state, the sexual offender shall also provide to the
1824department the name, address, and county of each institution,
1825including each campus attended, and the sexual offender's
1826enrollment or employment status.
1827     3.  If the sexual offender's place of residence is a motor
1828vehicle, trailer, mobile home, or manufactured home, as defined
1829in chapter 320, the sexual offender shall also provide the
1830vehicle identification number; the license tag number; the
1831registration number; and a description, including color scheme,
1832of the motor vehicle, trailer, mobile home, or manufactured
1833home. If the sexual offender's place of residence is a vessel,
1834live-aboard vessel, or houseboat, as defined in chapter 327, the
1835sexual offender shall also provide the hull identification
1836number; the manufacturer's serial number; the name of the
1837vessel, live-aboard vessel, or houseboat; the registration
1838number; and a description, including color scheme, of the
1839vessel, live-aboard vessel, or houseboat.
1840     4.  Any sexual offender who fails to report in person as
1841required at the sheriff's office, or who fails to respond to any
1842address verification correspondence from the department within 3
1843weeks after the date of the correspondence, commits a felony of
1844the third degree, punishable as provided in ss. 775.082,
1845775.083, and 775.084.
1846     Section 15.  The Legislature intends that nothing in this
1847act reduce or diminish a court's jurisdiction.
1848     Section 16.  If any provision of this act or its
1849application to any person or circumstance is held invalid, the
1850invalidity does not affect other provisions or applications of
1851this act which can be given effect without the invalid provision
1852or application, and to this end the provisions of this act are
1853declared severable.
1854     Section 17.  The Division of Statutory Revision is directed
1855to replace the phrase "the effective date of this act" wherever
1856it occurs in this act with the date this act becomes a law.
1857     Section 18.  This act shall take effect upon becoming a
1858law.


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