August 13, 2020
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CS/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 definitions; substituting the term "child care
17facility" for the term "day care center"; providing that
18the section does not apply to a person living in an
19approved residence before the establishment of a school,
20child care facility, park, or playground within 1,000 feet
21of the residence; including offenses in other
22jurisdictions that are similar to the offenses listed for
23purposes of providing residency restrictions for persons
24convicted of certain sex offenses, applicable to offenses
25committed on or after a specified date; providing that the
26section does not apply to persons who were removed from
27the requirement to register as a sexual offender or sexual
28predator under a specified provision; amending s.
29943.0435, F.S.; revising provisions relating to residence
30reporting requirements for sexual offenders; amending s.
31943.04352, F.S.; requiring that the probation services
32provider search in an additional specified sex offender
33registry for information regarding sexual predators and
34sexual offenders when an offender is placed on misdemeanor
35probation; amending s. 944.606, F.S.; revising address
36reporting requirements for sexual offenders; amending s.
37944.607, F.S.; requiring additional registration
38information from sex offenders who are under the
39supervision of the Department of Corrections but who are
40not 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)  As used in this section, the term:
586     (a)  "Child care facility" has the same meaning as provided
587in s. 402.302.
588     (b)  "Park" means all public and private property
589specifically designated as being used for recreational purposes
590and where children regularly congregate.
591     (c)  "Playground" means a designated independent area in
592the community or neighborhood that is designated solely for
593children and has one or more play structures.
594     (d)  "School" has the same meaning as provided in s.
5951003.01 and includes a private school as defined in s. 1002.01,
596a voluntary prekindergarten education program as described in s.
5971002.53(3), a public school as described in s. 402.3025(1), the
598Florida School for the Deaf and the Blind, the Florida Virtual
599School as established under s. 1002.37, and a K-8 Virtual School
600as established under s. 1002.415, but does not include
601facilities dedicated exclusively to the education of adults.
602     (2)(a)(1)  A It is unlawful for any person who has been
603convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
604s. 847.0135(5), or s. 847.0145, regardless of whether
605adjudication has been withheld, in which the victim of the
606offense was less than 16 years of age, may not to reside within
6071,000 feet of any school, child care facility day care center,
608park, or playground. However, a person does not violate this
609subsection and may not be forced to relocate if he or she is
610living in a residence that meets the requirements of this
611subsection and a school, child care facility, park, or
612playground is subsequently established within 1,000 feet of his
613or her residence.
614     (b)  A person who violates this subsection section and
615whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
616847.0135(5), or s. 847.0145 was classified as a felony of the
617first degree or higher commits a felony of the third degree,
618punishable as provided in s. 775.082 or s. 775.083. A person who
619violates this subsection section and whose conviction under s.
620794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145
621was classified as a felony of the second or third degree commits
622a misdemeanor of the first degree, punishable as provided in s.
623775.082 or s. 775.083.
624     (c)(2)  This subsection section applies to any person
625convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
626s. 847.0135(5), or s. 847.0145 for offenses that occur on or
627after October 1, 2004, excluding persons who have been removed
628from the requirement to register as a sexual offender or sexual
629predator pursuant to s. 943.04354.
630     (3)(a)  A person who has been convicted of an offense in
631another jurisdiction that is similar to a violation of s.
632794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
633regardless of whether adjudication has been withheld, in which
634the victim of the offense was less than 16 years of age, may not
635reside within 1,000 feet of any school, child care facility,
636park, or playground. However, a person does not violate this
637subsection and may not be forced to relocate if he or she is
638living in a residence that meets the requirements of this
639subsection and a school, child care facility, park, or
640playground is subsequently established within 1,000 feet of his
641or her residence.
642     (b)  A person who violates this subsection and whose
643conviction in another jurisdiction resulted in a penalty that is
644substantially similar to a felony of the first degree or higher
645commits a felony of the third degree, punishable as provided in
646s. 775.082 or s. 775.083. A person who violates this subsection
647and whose conviction in another jurisdiction resulted in a
648penalty that is substantially similar to a felony of the second
649or third degree commits a misdemeanor of the first degree,
650punishable as provided in s. 775.082 or s. 775.083.
651     (c)  This subsection applies to any person convicted of an
652offense in another jurisdiction that is similar to a violation
653of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
654847.0145 if such offense occurred on or after the effective date
655of this act, excluding persons who have been removed from the
656requirement to register as a sexual offender or sexual predator
657pursuant to s. 943.04354.
658     Section 4.  Paragraph (c) of subsection (1), subsection
659(2), paragraphs (a), (b), and (c) of subsection (4), subsections
660(7), (8), and (10), and paragraph (c) of subsection (14) of
661section 943.0435, Florida Statutes, are amended to read:
662     943.0435  Sexual offenders required to register with the
663department; penalty.-
664     (1)  As used in this section, the term:
665     (c)  "Permanent residence," and "temporary residence," and
666"transient residence" have the same meaning ascribed in s.
667775.21.
668     (2)  A sexual offender shall:
669     (a)  Report in person at the sheriff's office:
670     1.  In the county in which the offender establishes or
671maintains a permanent, or temporary, or transient residence
672within 48 hours after:
673     a.  Establishing permanent, or temporary, or transient
674residence in this state; or
675     b.  Being released from the custody, control, or
676supervision of the Department of Corrections or from the custody
677of a private correctional facility; or
678     2.  In the county where he or she was convicted within 48
679hours after being convicted for a qualifying offense for
680registration under this section if the offender is not in the
681custody or control of, or under the supervision of, the
682Department of Corrections, or is not in the custody of a private
683correctional facility.
684
685Any change in the information required to be provided pursuant
686to paragraph (b), including, but not limited to, any change in
687the sexual offender's permanent, or temporary, or transient
688residence, name, any electronic mail address and any instant
689message name required to be provided pursuant to paragraph
690(4)(d), after the sexual offender reports in person at the
691sheriff's office, shall be accomplished in the manner provided
692in subsections (4), (7), and (8).
693     (b)  Provide his or her name;, date of birth;, social
694security number;, race;, sex;, height;, weight;, hair and eye
695color;, tattoos or other identifying marks;, occupation and
696place of employment;, address of permanent or legal residence or
697address of any current temporary residence, within the state or
698and out of state, including a rural route address and a post
699office box;, if no permanent or temporary address, any transient
700residence within the state, address, location or description,
701and dates of any current or known future temporary residence
702within the state or out of state; home telephone number and any
703cellular telephone number;, any electronic mail address and any
704instant message name required to be provided pursuant to
705paragraph (4)(d);, date and place of each conviction;, and a
706brief description of the crime or crimes committed by the
707offender. A post office box shall not be provided in lieu of a
708physical residential address.
709     1.  If the sexual offender's place of residence is a motor
710vehicle, trailer, mobile home, or manufactured home, as defined
711in chapter 320, the sexual offender shall also provide to the
712department through the sheriff's office written notice of the
713vehicle identification number; the license tag number; the
714registration number; and a description, including color scheme,
715of the motor vehicle, trailer, mobile home, or manufactured
716home. If the sexual offender's place of residence is a vessel,
717live-aboard vessel, or houseboat, as defined in chapter 327, the
718sexual offender shall also provide to the department written
719notice of the hull identification number; the manufacturer's
720serial number; the name of the vessel, live-aboard vessel, or
721houseboat; the registration number; and a description, including
722color scheme, of the vessel, live-aboard vessel, or houseboat.
723     2.  If the sexual offender is enrolled, employed, or
724carrying on a vocation at an institution of higher education in
725this state, the sexual offender shall also provide to the
726department through the sheriff's office the name, address, and
727county of each institution, including each campus attended, and
728the sexual offender's enrollment or employment status. Each
729change in enrollment or employment status shall be reported in
730person at the sheriff's office, within 48 hours after any change
731in status. The sheriff shall promptly notify each institution of
732the sexual offender's presence and any change in the sexual
733offender's enrollment or employment status.
734
735When a sexual offender reports at the sheriff's office, the
736sheriff shall take a photograph and a set of fingerprints of the
737offender and forward the photographs and fingerprints to the
738department, along with the information provided by the sexual
739offender. The sheriff shall promptly provide to the department
740the information received from the sexual offender.
741     (4)(a)  Each time a sexual offender's driver's license or
742identification card is subject to renewal, and, without regard
743to the status of the offender's driver's license or
744identification card, within 48 hours after any change in the
745offender's permanent, or temporary, or transient residence or
746change in the offender's name by reason of marriage or other
747legal process, the offender shall report in person to a driver's
748license office, and shall be subject to the requirements
749specified in subsection (3). The Department of Highway Safety
750and Motor Vehicles shall forward to the department all
751photographs and information provided by sexual offenders.
752Notwithstanding the restrictions set forth in s. 322.142, the
753Department of Highway Safety and Motor Vehicles is authorized to
754release a reproduction of a color-photograph or digital-image
755license to the Department of Law Enforcement for purposes of
756public notification of sexual offenders as provided in this
757section and ss. 943.043 and 944.606.
758     (b)  A sexual offender who vacates a permanent, temporary,
759or transient residence and fails to establish or maintain
760another permanent, or temporary, or transient residence shall,
761within 48 hours after vacating the permanent, temporary, or
762transient residence, report in person to the sheriff's office of
763the county in which he or she is located. The sexual offender
764shall specify the date upon which he or she intends to or did
765vacate such residence. The sexual offender must provide or
766update all of the registration information required under
767paragraph (2)(b). The sexual offender must provide an address
768for the residence or other place location that he or she is or
769will be located occupying during the time in which he or she
770fails to establish or maintain a permanent or temporary
771residence.
772     (c)  A sexual offender who remains at a permanent,
773temporary, or transient residence after reporting his or her
774intent to vacate such residence shall, within 48 hours after the
775date upon which the offender indicated he or she would or did
776vacate such residence, report in person to the agency to which
777he or she reported pursuant to paragraph (b) for the purpose of
778reporting his or her address at such residence. When the sheriff
779receives the report, the sheriff shall promptly convey the
780information to the department. An offender who makes a report as
781required under paragraph (b) but fails to make a report as
782required under this paragraph commits a felony of the second
783degree, punishable as provided in s. 775.082, s. 775.083, or s.
784775.084.
785     (7)  A sexual offender who intends to establish a
786permanent, temporary, or transient residence in another state or
787jurisdiction other than the State of Florida shall report in
788person to the sheriff of the county of current residence within
78948 hours before the date he or she intends to leave this state
790to establish residence in another state or jurisdiction. The
791notification must include the address, municipality, county, and
792state of intended residence. The sheriff shall promptly provide
793to the department the information received from the sexual
794offender. The department shall notify the statewide law
795enforcement agency, or a comparable agency, in the intended
796state or jurisdiction of residence of the sexual offender's
797intended residence. The failure of a sexual offender to provide
798his or her intended place of residence is punishable as provided
799in subsection (9).
800     (8)  A sexual offender who indicates his or her intent to
801establish a permanent, temporary, or transient residence reside
802in another state or jurisdiction other than the State of Florida
803and later decides to remain in this state shall, within 48 hours
804after the date upon which the sexual offender indicated he or
805she would leave this state, report in person to the sheriff to
806which the sexual offender reported the intended change of
807permanent, temporary, or transient residence, and report his or
808her intent to remain in this state. The sheriff shall promptly
809report this information to the department. A sexual offender who
810reports his or her intent to establish a permanent, temporary,
811or transient residence reside in another state or jurisdiction
812but who remains in this state without reporting to the sheriff
813in the manner required by this subsection commits a felony of
814the second degree, punishable as provided in s. 775.082, s.
815775.083, or s. 775.084.
816     (10)  The department, the Department of Highway Safety and
817Motor Vehicles, the Department of Corrections, the Department of
818Juvenile Justice, any law enforcement agency in this state, and
819the personnel of those departments; an elected or appointed
820official, public employee, or school administrator; or an
821employee, agency, or any individual or entity acting at the
822request or upon the direction of any law enforcement agency is
823immune from civil liability for damages for good faith
824compliance with the requirements of this section or for the
825release of information under this section, and shall be presumed
826to have acted in good faith in compiling, recording, reporting,
827or releasing the information. The presumption of good faith is
828not overcome if a technical or clerical error is made by the
829department, the Department of Highway Safety and Motor Vehicles,
830the Department of Corrections, the Department of Juvenile
831Justice, the personnel of those departments, or any individual
832or entity acting at the request or upon the direction of any of
833those departments in compiling or providing information, or if
834information is incomplete or incorrect because a sexual offender
835fails to report or falsely reports his or her current place of
836permanent, or temporary, or transient residence.
837     (14)
838     (c)  The sheriff's office may determine the appropriate
839times and days for reporting by the sexual offender, which shall
840be consistent with the reporting requirements of this
841subsection. Reregistration shall include any changes to the
842following information:
843     1.  Name; social security number; age; race; sex; date of
844birth; height; weight; hair and eye color; address of any
845permanent residence and address of any current temporary
846residence, within the state or out of state, including a rural
847route address and a post office box; if no permanent or
848temporary address, any transient residence within the state;
849address, location or description, and dates of any current or
850known future temporary residence within the state or out of
851state; any electronic mail address and any instant message name
852required to be provided pursuant to paragraph (4)(d); home
853telephone number and any cellular telephone number; date and
854place of any employment; vehicle make, model, color, and license
855tag number; fingerprints; and photograph. A post office box
856shall not be provided in lieu of a physical residential address.
857     2.  If the sexual offender is enrolled, employed, or
858carrying on a vocation at an institution of higher education in
859this state, the sexual offender shall also provide to the
860department the name, address, and county of each institution,
861including each campus attended, and the sexual offender's
862enrollment or employment status.
863     3.  If the sexual offender's place of residence is a motor
864vehicle, trailer, mobile home, or manufactured home, as defined
865in chapter 320, the sexual offender shall also provide the
866vehicle identification number; the license tag number; the
867registration number; and a description, including color scheme,
868of the motor vehicle, trailer, mobile home, or manufactured
869home. If the sexual offender's place of residence is a vessel,
870live-aboard vessel, or houseboat, as defined in chapter 327, the
871sexual offender shall also provide the hull identification
872number; the manufacturer's serial number; the name of the
873vessel, live-aboard vessel, or houseboat; the registration
874number; and a description, including color scheme, of the
875vessel, live-aboard vessel or houseboat.
876     4.  Any sexual offender who fails to report in person as
877required at the sheriff's office, or who fails to respond to any
878address verification correspondence from the department within 3
879weeks of the date of the correspondence or who fails to report
880electronic mail addresses or instant message names, commits a
881felony of the third degree, punishable as provided in s.
882775.082, s. 775.083, or s. 775.084.
883     Section 5.  Section 943.04352, Florida Statutes, is amended
884to read:
885     943.04352  Search of registration information regarding
886sexual predators and sexual offenders required when placement on
887misdemeanor probation.-When the court places a defendant on
888misdemeanor probation pursuant to ss. 948.01 and 948.15, the
889public or private entity providing probation services must
890conduct a search of the probationer's name or other identifying
891information against the registration information regarding
892sexual predators and sexual offenders maintained by the
893Department of Law Enforcement under s. 943.043. The probation
894services provider may conduct the search using the Internet site
895maintained by the Department of Law Enforcement. Also, a
896national search must be conducted through the Dru Sjodin
897National Sex Offender Public Website maintained by the United
898States Department of Justice.
899     Section 6.  Paragraph (a) of subsection (3) of section
900944.606, Florida Statutes, is amended to read:
901     944.606  Sexual offenders; notification upon release.-
902     (3)(a)  The department must provide information regarding
903any sexual offender who is being released after serving a period
904of incarceration for any offense, as follows:
905     1.  The department must provide: the sexual offender's
906name, any change in the offender's name by reason of marriage or
907other legal process, and any alias, if known; the correctional
908facility from which the sexual offender is released; the sexual
909offender's social security number, race, sex, date of birth,
910height, weight, and hair and eye color; address of any planned
911permanent residence or temporary residence, within the state or
912out of state, including a rural route address and a post office
913box; if no permanent or temporary address, any transient
914residence within the state; address, location or description,
915and dates of any known future temporary residence within the
916state or out of state; date and county of sentence and each
917crime for which the offender was sentenced; a copy of the
918offender's fingerprints and a digitized photograph taken within
91960 days before release; the date of release of the sexual
920offender; any electronic mail address and any instant message
921name required to be provided pursuant to s. 943.0435(4)(d); and
922home telephone number and any cellular telephone number; and the
923offender's intended residence address, if known. The department
924shall notify the Department of Law Enforcement if the sexual
925offender escapes, absconds, or dies. If the sexual offender is
926in the custody of a private correctional facility, the facility
927shall take the digitized photograph of the sexual offender
928within 60 days before the sexual offender's release and provide
929this photograph to the Department of Corrections and also place
930it in the sexual offender's file. If the sexual offender is in
931the custody of a local jail, the custodian of the local jail
932shall register the offender within 3 business days after intake
933of the offender for any reason and upon release, and shall
934notify the Department of Law Enforcement of the sexual
935offender's release and provide to the Department of Law
936Enforcement the information specified in this paragraph and any
937information specified in subparagraph 2. that the Department of
938Law Enforcement requests.
939     2.  The department may provide any other information deemed
940necessary, including criminal and corrections records,
941nonprivileged personnel and treatment records, when available.
942     Section 7.  Subsections (4) and (6) and paragraph (c) of
943subsection (13) of section 944.607, Florida Statutes, are
944amended to read:
945     944.607  Notification to Department of Law Enforcement of
946information on sexual offenders.-
947     (4)  A sexual offender, as described in this section, who
948is under the supervision of the Department of Corrections but is
949not incarcerated must register with the Department of
950Corrections within 3 business days after sentencing for a
951registrable registerable offense and otherwise provide
952information as required by this subsection.
953     (a)  The sexual offender shall provide his or her name;
954date of birth; social security number; race; sex; height;
955weight; hair and eye color; tattoos or other identifying marks;
956any electronic mail address and any instant message name
957required to be provided pursuant to s. 943.0435(4)(d); and
958permanent or legal residence and address of temporary residence
959within the state or out of state while the sexual offender is
960under supervision in this state, including any rural route
961address or post office box; if no permanent or temporary
962address, any transient residence within the state; and address,
963location or description, and dates of any current or known
964future temporary residence within the state or out of state. The
965Department of Corrections shall verify the address of each
966sexual offender in the manner described in ss. 775.21 and
967943.0435. The department shall report to the Department of Law
968Enforcement any failure by a sexual predator or sexual offender
969to comply with registration requirements.
970     (b)  If the sexual offender is enrolled, employed, or
971carrying on a vocation at an institution of higher education in
972this state, the sexual offender shall provide the name, address,
973and county of each institution, including each campus attended,
974and the sexual offender's enrollment or employment status. Each
975change in enrollment or employment status shall be reported to
976the department within 48 hours after the change in status. The
977Department of Corrections shall promptly notify each institution
978of the sexual offender's presence and any change in the sexual
979offender's enrollment or employment status.
980     (6)  The information provided to the Department of Law
981Enforcement must include:
982     (a)  The information obtained from the sexual offender
983under subsection (4);
984     (b)  The sexual offender's most current address, and place
985of permanent, and temporary, or transient residence within the
986state or out of state, and address, location or description, and
987dates of any current or known future temporary residence within
988the state or out of state, while the sexual offender is under
989supervision in this state, including the name of the county or
990municipality in which the offender permanently or temporarily
991resides, or has a transient residence, and address, location or
992description, and dates of any current or known future temporary
993residence within the state or out of state, and, if known, the
994intended place of permanent, or temporary, or transient
995residence, and address, location or description, and dates of
996any current or known future temporary residence within the state
997or out of state upon satisfaction of all sanctions;
998     (c)  The legal status of the sexual offender and the
999scheduled termination date of that legal status;
1000     (d)  The location of, and local telephone number for, any
1001Department of Corrections' office that is responsible for
1002supervising the sexual offender;
1003     (e)  An indication of whether the victim of the offense
1004that resulted in the offender's status as a sexual offender was
1005a minor;
1006     (f)  The offense or offenses at conviction which resulted
1007in the determination of the offender's status as a sex offender;
1008and
1009     (g)  A digitized photograph of the sexual offender which
1010must have been taken within 60 days before the offender is
1011released from the custody of the department or a private
1012correctional facility by expiration of sentence under s. 944.275
1013or must have been taken by January 1, 1998, or within 60 days
1014after the onset of the department's supervision of any sexual
1015offender who is on probation, community control, conditional
1016release, parole, provisional release, or control release or who
1017is supervised by the department under the Interstate Compact
1018Agreement for Probationers and Parolees. If the sexual offender
1019is in the custody of a private correctional facility, the
1020facility shall take a digitized photograph of the sexual
1021offender within the time period provided in this paragraph and
1022shall provide the photograph to the department.
1023
1024If any information provided by the department changes during the
1025time the sexual offender is under the department's control,
1026custody, or supervision, including any change in the offender's
1027name by reason of marriage or other legal process, the
1028department shall, in a timely manner, update the information and
1029provide it to the Department of Law Enforcement in the manner
1030prescribed in subsection (2).
1031     (13)
1032     (c)  The sheriff's office may determine the appropriate
1033times and days for reporting by the sexual offender, which shall
1034be consistent with the reporting requirements of this
1035subsection. Reregistration shall include any changes to the
1036following information:
1037     1.  Name; social security number; age; race; sex; date of
1038birth; height; weight; hair and eye color; address of any
1039permanent residence and address of any current temporary
1040residence, within the state or out of state, including a rural
1041route address and a post office box; if no permanent or
1042temporary address, any transient residence; address, location or
1043description, and dates of any current or known future temporary
1044residence within the state or out of state; any electronic mail
1045address and any instant message name required to be provided
1046pursuant to s. 943.0435(4)(d); date and place of any employment;
1047vehicle make, model, color, and license tag number;
1048fingerprints; and photograph. A post office box shall not be
1049provided in lieu of a physical residential address.
1050     2.  If the sexual offender is enrolled, employed, or
1051carrying on a vocation at an institution of higher education in
1052this state, the sexual offender shall also provide to the
1053department the name, address, and county of each institution,
1054including each campus attended, and the sexual offender's
1055enrollment or employment status.
1056     3.  If the sexual offender's place of residence is a motor
1057vehicle, trailer, mobile home, or manufactured home, as defined
1058in chapter 320, the sexual offender shall also provide the
1059vehicle identification number; the license tag number; the
1060registration number; and a description, including color scheme,
1061of the motor vehicle, trailer, mobile home, or manufactured
1062home. If the sexual offender's place of residence is a vessel,
1063live-aboard vessel, or houseboat, as defined in chapter 327, the
1064sexual offender shall also provide the hull identification
1065number; the manufacturer's serial number; the name of the
1066vessel, live-aboard vessel, or houseboat; the registration
1067number; and a description, including color scheme, of the
1068vessel, live-aboard vessel or houseboat.
1069     4.  Any sexual offender who fails to report in person as
1070required at the sheriff's office, or who fails to respond to any
1071address verification correspondence from the department within 3
1072weeks of the date of the correspondence, or who fails to report
1073electronic mail addresses or instant message names, commits a
1074felony of the third degree, punishable as provided in s.
1075775.082, s. 775.083, or s. 775.084.
1076     Section 8.  Section 947.005, Florida Statutes, is amended
1077to read:
1078     947.005  Definitions.-As used in this chapter, unless the
1079context clearly indicates otherwise:
1080     (1)(8)  "Authority" means the Control Release Authority.
1081     (2)  "Child care facility" has the same meaning as provided
1082in s. 402.302.
1083     (3)(1)  "Commission" means the Parole Commission.
1084     (4)(2)  "Department" means the Department of Corrections.
1085     (5)  "Effective parole release date" means the actual
1086parole release date as determined by the presumptive parole
1087release date, satisfactory institutional conduct, and an
1088acceptable parole plan.
1089     (6)  "Park" has the same meaning as provided in s. 775.215.
1090     (7)  "Playground" has the same meaning as provided in s.
1091775.215.
1092     (8)(4)  "Presumptive parole release date" means the
1093tentative parole release date as determined by objective parole
1094guidelines.
1095     (9)(7)  "Provisional release date" means the date projected
1096for the prisoner's release from custody as determined pursuant
1097to s. 944.277.
1098     (10)(9)  "Qualified practitioner" means a social worker,
1099mental health counselor, or a marriage and family therapist
1100licensed under chapter 491 who, as determined by rule of the
1101respective board, has the coursework, training, qualifications,
1102and experience to evaluate and treat sexual offenders; a
1103psychiatrist licensed under chapter 458 or chapter 459; or, a
1104psychologist licensed under chapter 490, or a social worker, a
1105mental health counselor, or a marriage and family therapist
1106licensed under chapter 491 who practices in accordance with his
1107or her respective practice act.
1108     (11)(10)  "Risk assessment" means an assessment completed
1109by an independent qualified practitioner to evaluate the level
1110of risk associated when a sex offender has contact with a child.
1111     (12)(11)  "Safety plan" means a written document prepared
1112by the qualified practitioner, in collaboration with the sex
1113offender, the child's parent or legal guardian, and, when
1114appropriate, the child, which establishes clear roles and
1115responsibilities for each individual involved in any contact
1116between the child and the sex offender.
1117     (13)  "School" has the same meaning as provided in s.
1118775.215.
1119     (14)(3)  "Secretary" means the Secretary of Corrections.
1120     (15)(6)  "Tentative release date" means the date projected
1121for the prisoner's release from custody by virtue of gain-time
1122granted or forfeited pursuant to s. 944.275(3)(a).
1123     Section 9.  Subsection (7) of section 947.1405, Florida
1124Statutes, is amended, and subsection (12) is added to that
1125section, to read:
1126     947.1405  Conditional release program.-
1127     (7)(a)  Any inmate who is convicted of a crime committed on
1128or after October 1, 1995, or who has been previously convicted
1129of a crime committed on or after October 1, 1995, in violation
1130of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
1131847.0145, and is subject to conditional release supervision,
1132shall have, in addition to any other conditions imposed, the
1133following special conditions imposed by the commission:
1134     1.  A mandatory curfew from 10 p.m. to 6 a.m. The
1135commission may designate another 8-hour period if the offender's
1136employment precludes the above specified time, and such
1137alternative is recommended by the Department of Corrections. If
1138the commission determines that imposing a curfew would endanger
1139the victim, the commission may consider alternative sanctions.
1140     2.  If the victim was under the age of 18, a prohibition on
1141living within 1,000 feet of a school, child care facility day
1142care center, park, playground, designated public school bus
1143stop, or other place where children regularly congregate. A
1144releasee who is subject to this subparagraph may not relocate to
1145a residence that is within 1,000 feet of a public school bus
1146stop. Beginning October 1, 2004, the commission or the
1147department may not approve a residence that is located within
11481,000 feet of a school, child care facility day care center,
1149park, playground, designated school bus stop, or other
1150where children regularly congregate for any releasee who
1151subject to this subparagraph. On October 1, 2004, the
1152shall notify each affected school district of the location of
1153the residence of a releasee 30 days prior to release and
1154thereafter, if the releasee relocates to a new residence, shall
1155notify any affected school district of the residence of the
1156releasee within 30 days after relocation. If, on October 1,
11572004, any public school bus stop is located within 1,000 feet of
1158the existing residence of such releasee, the district school
1159board shall relocate that school bus stop. Beginning October 1,
11602004, a district school board may not establish or relocate a
1161public school bus stop within 1,000 feet of the residence of a
1162releasee who is subject to this subparagraph. The failure of the
1163district school board to comply with this subparagraph shall not
1164result in a violation of conditional release supervision. A
1165releasee who is subject to this subparagraph may not be forced
1166to relocate and does not violate his or her conditional release
1167supervision if he or she is living in a residence that meets the
1168requirements of this subparagraph and a school, child care
1169facility, park, playground, designated public school bus stop,
1170or other place where children regularly congregate is
1171subsequently established within 1,000 feet of his or her
1172residence.
1173     3.  Active participation in and successful completion of a
1174sex offender treatment program with qualified practitioners
1175specifically trained to treat sex offenders, at the releasee's
1176own expense. If a qualified practitioner is not available within
1177a 50-mile radius of the releasee's residence, the offender shall
1178participate in other appropriate therapy.
1179     4.  A prohibition on any contact with the victim, directly
1180or indirectly, including through a third person, unless approved
1181by the victim, a qualified practitioner in the sexual offender
1182treatment program the offender's therapist, and the sentencing
1183court.
1184     5.  If the victim was under the age of 18, a prohibition
1185against contact with children under the age of 18 without review
1186and approval by the commission. The commission may approve
1187supervised contact with a child under the age of 18 if the
1188approval is based upon a recommendation for contact issued by a
1189qualified practitioner who is basing the recommendation on a
1190risk assessment. Further, the sex offender must be currently
1191enrolled in or have successfully completed a sex offender
1192therapy program. The commission may not grant supervised contact
1193with a child if the contact is not recommended by a qualified
1194practitioner and may deny supervised contact with a child at any
1195time. When considering whether to approve supervised contact
1196with a child, the commission must review and consider the
1197following:
1198     a.  A risk assessment completed by a qualified
1199practitioner. The qualified practitioner must prepare a written
1200report that must include the findings of the assessment and
1201address each of the following components:
1202     (I)  The sex offender's current legal status;
1203     (II)  The sex offender's history of adult charges with
1204apparent sexual motivation;
1205     (III)  The sex offender's history of adult charges without
1206apparent sexual motivation;
1207     (IV)  The sex offender's history of juvenile charges,
1208whenever available;
1209     (V)  The sex offender's offender treatment history,
1210including a consultation from the sex offender's treating, or
1211most recent treating, therapist;
1212     (VI)  The sex offender's current mental status;
1213     (VII)  The sex offender's mental health and substance abuse
1214history as provided by the Department of Corrections;
1215     (VIII)  The sex offender's personal, social, educational,
1216and work history;
1217     (IX)  The results of current psychological testing of the
1218sex offender if determined necessary by the qualified
1219practitioner;
1220     (X)  A description of the proposed contact, including the
1221location, frequency, duration, and supervisory arrangement;
1222     (XI)  The child's preference and relative comfort level
1223with the proposed contact, when age-appropriate;
1224     (XII)  The parent's or legal guardian's preference
1225regarding the proposed contact; and
1226     (XIII)  The qualified practitioner's opinion, along with
1227the basis for that opinion, as to whether the proposed contact
1228would likely pose significant risk of emotional or physical harm
1229to the child.
1230
1231The written report of the assessment must be given to the
1232commission.
1233     b.  A recommendation made as a part of the risk-assessment
1234report as to whether supervised contact with the child should be
1235approved;
1236     c.  A written consent signed by the child's parent or legal
1237guardian, if the parent or legal guardian is not the sex
1238offender, agreeing to the sex offender having supervised contact
1239with the child after receiving full disclosure of the sex
1240offender's present legal status, past criminal history, and the
1241results of the risk assessment. The commission may not approve
1242contact with the child if the parent or legal guardian refuses
1243to give written consent for supervised contact;
1244     d.  A safety plan prepared by the qualified practitioner,
1245who provides treatment to the offender, in collaboration with
1246the sex offender, the child's parent or legal guardian, and the
1247child, when age appropriate, which details the acceptable
1248conditions of contact between the sex offender and the child.
1249The safety plan must be reviewed and approved by the Department
1250of Corrections before being submitted to the commission; and
1251     e.  Evidence that the child's parent or legal guardian, if
1252the parent or legal guardian is not the sex offender,
1253understands the need for and agrees to the safety plan and has
1254agreed to provide, or to designate another adult to provide,
1255constant supervision any time the child is in contact with the
1256offender.
1257
1258The commission may not appoint a person to conduct a risk
1259assessment and may not accept a risk assessment from a person
1260who has not demonstrated to the commission that he or she has
1261met the requirements of a qualified practitioner as defined in
1262this section.
1263     6.  If the victim was under age 18, a prohibition on
1264working for pay or as a volunteer at any school, child care
1265facility day care center, park, playground, or other place where
1266children regularly congregate, as prescribed by the commission.
1267     7.  Unless otherwise indicated in the treatment plan
1268provided by a qualified practitioner in the sexual offender
1269treatment program, a prohibition on viewing, owning, or
1270possessing any obscene, pornographic, or sexually stimulating
1271visual or auditory material, including telephone, electronic
1272media, computer programs, or computer services that are relevant
1273to the offender's deviant behavior pattern.
1274     8.  Effective for a releasee whose crime is committed on or
1275after July 1, 2005, a prohibition on accessing the Internet or
1276other computer services until a qualified practitioner in the
1277offender's sex offender treatment program, after a risk
1278assessment is completed, approves and implements a safety plan
1279for the offender's accessing or using the Internet or other
1280computer services.
1281     9.  A requirement that the releasee must submit two
1282specimens of blood to the Florida Department of Law Enforcement
1283to be registered with the DNA database.
1284     10.  A requirement that the releasee make restitution to
1285the victim, as determined by the sentencing court or the
1286commission, for all necessary medical and related professional
1287services relating to physical, psychiatric, and psychological
1288care.
1289     11.  Submission to a warrantless search by the community
1290control or probation officer of the probationer's or community
1291controllee's person, residence, or vehicle.
1292     (b)  For a releasee whose crime was committed on or after
1293October 1, 1997, in violation of chapter 794, s. 800.04, s.
1294827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
1295conditional release supervision, in addition to any other
1296provision of this subsection, the commission shall impose the
1297following additional conditions of conditional release
1298supervision:
1299     1.  As part of a treatment program, participation in a
1300minimum of one annual polygraph examination to obtain
1301information necessary for risk management and treatment and to
1302reduce the sex offender's denial mechanisms. The polygraph
1303examination must be conducted by a polygrapher who is a member
1304of a national or state polygraph association and who is
1305certified as a postconviction sex offender polygrapher trained
1306specifically in the use of the polygraph for the monitoring of
1307sex offenders, where available, and at the expense of the
1308releasee sex offender. The results of the examination shall be
1309provided to the releasee's probation officer and qualified
1310practitioner and may not be used as evidence in a hearing to
1311prove that a violation of supervision has occurred.
1312     2.  Maintenance of a driving log and a prohibition against
1313driving a motor vehicle alone without the prior approval of the
1314supervising officer.
1315     3.  A prohibition against obtaining or using a post office
1316box without the prior approval of the supervising officer.
1317     4.  If there was sexual contact, a submission to, at the
1318releasee's probationer's or community controllee's expense, an
1319HIV test with the results to be released to the victim or the
1320victim's parent or guardian.
1321     5.  Electronic monitoring of any form when ordered by the
1322commission. Any person who has been placed under supervision and
1323is electronically monitored by the department must pay the
1324department for the cost of the electronic monitoring service at
1325a rate that may not exceed the full cost of the monitoring
1326service. Funds collected under this subparagraph shall be
1327deposited into the General Revenue Fund. The department may
1328exempt a person from the payment of all or any part of the
1329electronic monitoring service cost if the department finds that
1330any of the factors listed in s. 948.09(3) exist.
1331     (12)  In addition to all other conditions imposed, for a
1332releasee who is subject to conditional release for a crime that
1333was committed on or after the effective date of this act, and
1334who has been convicted at any time of committing, or attempting,
1335soliciting, or conspiring to commit, any of the criminal
1336offenses listed in s. 943.0435(1)(a)1.a.(I), or a similar
1337offense in another jurisdiction against a victim who was under
133818 years of age at the time of the offense, if the releasee has
1339not received a pardon for any felony or similar law of another
1340jurisdiction necessary for the operation of this subsection, if
1341a conviction of a felony or similar law of another jurisdiction
1342necessary for the operation of this subsection has not been set
1343aside in any postconviction proceeding, or if the releasee has
1344not been removed from the requirement to register as a sexual
1345offender or sexual predator pursuant to s. 943.04354, the
1346commission must impose the following conditions:
1347     (a)  A prohibition on visiting schools, child care
1348facilities, parks, and playgrounds without prior approval from
1349the releasee's supervising officer. The commission may also
1350designate additional prohibited locations to protect a victim.
1351The prohibition ordered under this paragraph does not prohibit
1352the releasee from visiting a school, child care facility, park,
1353or playground for the sole purpose of attending a religious
1354service as defined in s. 775.0861 or picking up or dropping off
1355the releasee's child or grandchild at a child care facility or
1356school.
1357     (b)  A prohibition on distributing candy or other items to
1358children on Halloween; wearing a Santa Claus costume, or other
1359costume to appeal to children, on or preceding Christmas;
1360wearing an Easter Bunny costume, or other costume to appeal to
1361children, on or preceding Easter; entertaining at children's
1362parties; or wearing a clown costume without prior approval from
1363the commission.
1364     Section 10.  Section 948.001, Florida Statutes, is amended
1365to read:
1366     948.001  Definitions.-As used in this chapter, the term:
1367     (1)  "Administrative probation" means a form of noncontact
1368supervision in which an offender who presents a low risk of harm
1369to the community may, upon satisfactory completion of half the
1370term of probation, be transferred by the Department of
1371Corrections to nonreporting status until expiration of the term
1372of supervision.
1373     (2)  "Child care facility" has the same meaning as provided
1374in s. 402.302.
1375     (3)(2)  "Community control" means a form of intensive,
1376supervised custody in the community, including surveillance on
1377weekends and holidays, administered by officers with restricted
1378caseloads. Community control is an individualized program in
1379which the freedom of an offender is restricted within the
1380community, home, or noninstitutional residential placement and
1381specific sanctions are imposed and enforced.
1382     (4)(9)  "Community residential drug punishment center"
1383means a residential drug punishment center designated by the
1384Department of Corrections. The Department of Corrections shall
1385adopt rules as necessary to define and operate such a center.
1386     (5)(3)  "Criminal quarantine community control" means
1387intensive supervision, by officers with restricted caseloads,
1388with a condition of 24-hour-per-day electronic monitoring, and a
1389condition of confinement to a designated residence during
1390designated hours.
1391     (6)(4)  "Drug offender probation" means a form of intensive
1392supervision that which emphasizes treatment of drug offenders in
1393accordance with individualized treatment plans administered by
1394officers with restricted caseloads. Caseloads should be
1395restricted to a maximum of 50 cases per officer in order to
1396ensure an adequate level of staffing.
1397     (7)  "Park" has the same meaning as provided in s. 775.215.
1398     (8)  "Playground" has the same meaning as provided in s.
1399775.215.
1400     (9)(5)  "Probation" means a form of community supervision
1401requiring specified contacts with parole and probation officers
1402and other terms and conditions as provided in s. 948.03.
1403     (10)(6)  "Qualified practitioner" means a social worker,
1404mental health counselor, or a marriage and family therapist
1405licensed under chapter 491 who, as determined by rule of the
1406respective board, has the coursework, training, qualifications,
1407and experience to evaluate and treat sexual offenders; a
1408psychiatrist licensed under chapter 458 or chapter 459; or, a
1409psychologist licensed under chapter 490, or a social worker, a
1410mental health counselor, or a marriage and family therapist
1411licensed under chapter 491 who practices in accordance with his
1412or her respective practice act.
1413     (11)(7)  "Risk assessment" means an assessment completed by
1414a an independent qualified practitioner to evaluate the level of
1415risk associated when a sex offender has contact with a child.
1416     (12)(8)  "Safety plan" means a written document prepared by
1417the qualified practitioner, in collaboration with the sex
1418offender, the child's parent or legal guardian, and, when
1419appropriate, the child which establishes clear roles and
1420responsibilities for each individual involved in any contact
1421between the child and the sex offender.
1422     (13)  "School" has the same meaning as provided in s.
1423775.215.
1424     (14)(10)  "Sex offender probation" or "sex offender
1425community control" means a form of intensive supervision, with
1426or without electronic monitoring, which emphasizes treatment and
1427supervision of a sex offender in accordance with an
1428individualized treatment plan administered by an officer who has
1429a restricted caseload and specialized training. An officer who
1430supervises an offender placed on sex offender probation or sex
1431offender community control must meet as necessary with a
1432treatment provider and polygraph examiner to develop and
1433implement the supervision and treatment plan, if a treatment
1434provider and polygraph examiner specially trained in the
1435treatment and monitoring of sex offenders are reasonably
1436available.
1437     Section 11.  Subsection (1) and paragraph (a) of subsection
1438(2) of section 948.30, Florida Statutes, are amended, and
1439subsection (4) is added to that section, to read:
1440     948.30  Additional terms and conditions of probation or
1441community control for certain sex offenses.-Conditions imposed
1442pursuant to this section do not require oral pronouncement at
1443the time of sentencing and shall be considered standard
1444conditions of probation or community control for offenders
1445specified in this section.
1446     (1)  Effective for probationers or community controllees
1447whose crime was committed on or after October 1, 1995, and who
1448are placed under supervision for violation of chapter 794, s.
1449800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court
1450must impose the following conditions in addition to all other
1451standard and special conditions imposed:
1452     (a)  A mandatory curfew from 10 p.m. to 6 a.m. The court
1453may designate another 8-hour period if the offender's employment
1454precludes the above specified time, and the alternative is
1455recommended by the Department of Corrections. If the court
1456determines that imposing a curfew would endanger the victim, the
1457court may consider alternative sanctions.
1458     (b)  If the victim was under the age of 18, a prohibition
1459on living within 1,000 feet of a school, child care facility day
1460care center, park, playground, or other place where children
1461regularly congregate, as prescribed by the court. The 1,000-foot
1462distance shall be measured in a straight line from the
1463offender's place of residence to the nearest boundary line of
1464the school, child care facility day care center, park,
1465playground, or other place where children congregate. The
1466distance may not be measured by a pedestrian route or automobile
1467route. A probationer or community controllee who is subject to
1468this paragraph may not be forced to relocate and does not
1469violate his or her probation or community control if he or she
1470is living in a residence that meets the requirements of this
1471paragraph and a school, child care facility, park, playground,
1472or other place where children regularly congregate is
1473subsequently established within 1,000 feet of his or her
1474residence.
1475     (c)  Active participation in and successful completion of a
1476sex offender treatment program with qualified practitioners
1477specifically trained to treat sex offenders, at the
1478probationer's or community controllee's own expense. If a
1479qualified practitioner is not available within a 50-mile radius
1480of the probationer's or community controllee's residence, the
1481offender shall participate in other appropriate therapy.
1482     (d)  A prohibition on any contact with the victim, directly
1483or indirectly, including through a third person, unless approved
1484by the victim, a qualified practitioner in the sexual offender
1485treatment program the offender's therapist, and the sentencing
1486court.
1487     (e)  If the victim was under the age of 18, a prohibition
1488on contact with a child under the age of 18 except as provided
1489in this paragraph. The court may approve supervised contact with
1490a child under the age of 18 if the approval is based upon a
1491recommendation for contact issued by a qualified practitioner
1492who is basing the recommendation on a risk assessment. Further,
1493the sex offender must be currently enrolled in or have
1494successfully completed a sex offender therapy program. The court
1495may not grant supervised contact with a child if the contact is
1496not recommended by a qualified practitioner and may deny
1497supervised contact with a child at any time. When considering
1498whether to approve supervised contact with a child, the court
1499must review and consider the following:
1500     1.  A risk assessment completed by a qualified
1501practitioner. The qualified practitioner must prepare a written
1502report that must include the findings of the assessment and
1503address each of the following components:
1504     a.  The sex offender's current legal status;
1505     b.  The sex offender's history of adult charges with
1506apparent sexual motivation;
1507     c.  The sex offender's history of adult charges without
1508apparent sexual motivation;
1509     d.  The sex offender's history of juvenile charges,
1510whenever available;
1511     e.  The sex offender's offender treatment history,
1512including consultations with the sex offender's treating, or
1513most recent treating, therapist;
1514     f.  The sex offender's current mental status;
1515     g.  The sex offender's mental health and substance abuse
1516treatment history as provided by the Department of Corrections;
1517     h.  The sex offender's personal, social, educational, and
1518work history;
1519     i.  The results of current psychological testing of the sex
1520offender if determined necessary by the qualified practitioner;
1521     j.  A description of the proposed contact, including the
1522location, frequency, duration, and supervisory arrangement;
1523     k.  The child's preference and relative comfort level with
1524the proposed contact, when age appropriate;
1525     l.  The parent's or legal guardian's preference regarding
1526the proposed contact; and
1527     m.  The qualified practitioner's opinion, along with the
1528basis for that opinion, as to whether the proposed contact would
1529likely pose significant risk of emotional or physical harm to
1530the child.
1531
1532The written report of the assessment must be given to the court;
1533     2.  A recommendation made as a part of the risk assessment
1534report as to whether supervised contact with the child should be
1535approved;
1536     3.  A written consent signed by the child's parent or legal
1537guardian, if the parent or legal guardian is not the sex
1538offender, agreeing to the sex offender having supervised contact
1539with the child after receiving full disclosure of the sex
1540offender's present legal status, past criminal history, and the
1541results of the risk assessment. The court may not approve
1542contact with the child if the parent or legal guardian refuses
1543to give written consent for supervised contact;
1544     4.  A safety plan prepared by the qualified practitioner,
1545who provides treatment to the offender, in collaboration with
1546the sex offender, the child's parent or legal guardian, if the
1547parent or legal guardian is not the sex offender, and the child,
1548when age appropriate, which details the acceptable conditions of
1549contact between the sex offender and the child. The safety plan
1550must be reviewed and approved by the court; and
1551     5.  Evidence that the child's parent or legal guardian
1552understands the need for and agrees to the safety plan and has
1553agreed to provide, or to designate another adult to provide,
1554constant supervision any time the child is in contact with the
1555offender.
1556
1557The court may not appoint a person to conduct a risk assessment
1558and may not accept a risk assessment from a person who has not
1559demonstrated to the court that he or she has met the
1560requirements of a qualified practitioner as defined in this
1561section.
1562     (f)  If the victim was under age 18, a prohibition on
1563working for pay or as a volunteer at any place where children
1564regularly congregate, including, but not limited to, schools,
1565child care facilities day care centers, parks, playgrounds, pet
1566stores, libraries, zoos, theme parks, and malls.
1567     (g)  Unless otherwise indicated in the treatment plan
1568provided by a qualified practitioner in the sexual offender
1569treatment program, a prohibition on viewing, accessing, owning,
1570or possessing any obscene, pornographic, or sexually stimulating
1571visual or auditory material, including telephone, electronic
1572media, computer programs, or computer services that are relevant
1573to the offender's deviant behavior pattern.
1574     (h)  Effective for probationers and community controllees
1575whose crime is committed on or after July 1, 2005, a prohibition
1576on accessing the Internet or other computer services until a
1577qualified practitioner in the offender's sex offender treatment
1578program, after a risk assessment is completed, approves and
1579implements a safety plan for the offender's accessing or using
1580the Internet or other computer services.
1581     (i)  A requirement that the probationer or community
1582controllee must submit a specimen of blood or other approved
1583biological specimen to the Department of Law Enforcement to be
1584registered with the DNA data bank.
1585     (j)  A requirement that the probationer or community
1586controllee make restitution to the victim, as ordered by the
1587court under s. 775.089, for all necessary medical and related
1588professional services relating to physical, psychiatric, and
1589psychological care.
1590     (k)  Submission to a warrantless search by the community
1591control or probation officer of the probationer's or community
1592controllee's person, residence, or vehicle.
1593     (2)  Effective for a probationer or community controllee
1594whose crime was committed on or after October 1, 1997, and who
1595is placed on community control or sex offender probation for a
1596violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1597or s. 847.0145, in addition to any other provision of this
1598section, the court must impose the following conditions of
1599probation or community control:
1600     (a)  As part of a treatment program, participation at least
1601annually in polygraph examinations to obtain information
1602necessary for risk management and treatment and to reduce the
1603sex offender's denial mechanisms. A polygraph examination must
1604be conducted by a polygrapher who is a member of a national or
1605state polygraph association and who is certified as a
1606postconviction sex offender polygrapher trained specifically in
1607the use of the polygraph for the monitoring of sex offenders,
1608where available, and shall be paid for by the probationer or
1609community controllee sex offender. The results of the polygraph
1610examination shall be provided to the probationer's or community
1611controllee's probation officer and qualified practitioner and
1612shall not be used as evidence in court to prove that a violation
1613of community supervision has occurred.
1614     (4)  In addition to all other conditions imposed, for a
1615probationer or community controllee who is subject to
1616supervision for a crime that was committed on or after the
1617effective date of this act, and who has been convicted at any
1618time of committing, or attempting, soliciting, or conspiring to
1619commit, any of the criminal offenses listed in s.
1620943.0435(1)(a)1.a.(I), or a similar offense in another
1621jurisdiction, against a victim who was under the age of 18 at
1622the time of the offense; if the offender has not received a
1623pardon for any felony or similar law of another jurisdiction
1624necessary for the operation of this subsection, if a conviction
1625of a felony or similar law of another jurisdiction necessary for
1626the operation of this subsection has not been set aside in any
1627postconviction proceeding, or if the offender has not been
1628removed from the requirement to register as a sexual offender or
1629sexual predator pursuant to s. 943.04354, the court must impose
1630the following conditions:
1631     (a)  A prohibition on visiting schools, child care
1632facilities, parks, and playgrounds, without prior approval from
1633the offender's supervising officer. The court may also designate
1634additional locations to protect a victim. The prohibition
1635ordered under this paragraph does not prohibit the offender from
1636visiting a school, child care facility, park, or playground for
1637the sole purpose of attending a religious service as defined in
1638s. 775.0861 or picking up or dropping off the offender's
1639children or grandchildren at a child care facility or school.
1640     (b)  A prohibition on distributing candy or other items to
1641children on Halloween; wearing a Santa Claus costume, or other
1642costume to appeal to children, on or preceding Christmas;
1643wearing an Easter Bunny costume, or other costume to appeal to
1644children, on or preceding Easter; entertaining at children's
1645parties; or wearing a clown costume; without prior approval from
1646the court.
1647     Section 12.  Section 948.31, Florida Statutes, is amended
1648to read:
1649     948.31  Diagnosis, Evaluation, and treatment of sexual
1650predators and offenders placed on probation or community control
1651for certain sex offenses or child exploitation.-The court shall
1652require an a diagnosis and evaluation by a qualified
1653practitioner to determine the need of a probationer or community
1654controlee offender in community control for treatment. If the
1655court determines that a need therefor is established by the such
1656diagnosis and evaluation process, the court shall require sexual
1657offender treatment outpatient counseling as a term or condition
1658of probation or community control for any person who is required
1659to register as a sexual predator under s. 775.21 or sexual
1660offender under s. 943.0435, s. 944.606, or s. 944.607. was found
1661guilty of any of the following, or whose plea of guilty or nolo
1662contendere to any of the following was accepted by the court:
1663     (1)  Lewd or lascivious battery, lewd or lascivious
1664molestation, lewd or lascivious conduct, or lewd or lascivious
1665exhibition, as defined in s. 800.04 or s. 847.0135(5).
1666     (2)  Sexual battery, as defined in chapter 794, against a
1667child.
1668     (3)  Exploitation of a child as provided in s. 450.151, or
1669for prostitution.
1670
1671Such treatment counseling shall be required to be obtained from
1672a qualified practitioner as defined in s. 948.001. Treatment may
1673not be administered by a qualified practitioner who has been
1674convicted or adjudicated delinquent of committing, or
1675attempting, soliciting, or conspiring to commit, any offense
1676that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1677impose a restriction against contact with minors if sexual
1678offender treatment is recommended a community mental health
1679center, a recognized social service agency providing mental
1680health services, or a private mental health professional or
1681through other professional counseling. The evaluation and
1682recommendations plan for treatment of counseling for the
1683probationer or community controlee individual shall be provided
1684to the court for review.
1685     Section 13.  Paragraph (a) of subsection (3) of section
1686985.481, Florida Statutes, is amended to read:
1687     985.481  Sexual offenders adjudicated delinquent;
1688notification upon release.-
1689     (3)(a)  The department must provide information regarding
1690any sexual offender who is being released after serving a period
1691of residential commitment under the department for any offense,
1692as follows:
1693     1.  The department must provide the sexual offender's name,
1694any change in the offender's name by reason of marriage or other
1695legal process, and any alias, if known; the correctional
1696facility from which the sexual offender is released; the sexual
1697offender's social security number, race, sex, date of birth,
1698height, weight, and hair and eye color; address of any planned
1699permanent residence or temporary residence, within the state or
1700out of state, including a rural route address and a post office
1701box; if no permanent or temporary address, any transient
1702residence within the state; address, location or description,
1703and dates of any known future temporary residence within the
1704state or out of state; date and county of disposition and each
1705crime for which there was a disposition; a copy of the
1706offender's fingerprints and a digitized photograph taken within
170760 days before release; the date of release of the sexual
1708offender; and home telephone number and any cellular telephone
1709number; and the offender's intended residence address, if known.
1710The department shall notify the Department of Law Enforcement if
1711the sexual offender escapes, absconds, or dies. If the sexual
1712offender is in the custody of a private correctional facility,
1713the facility shall take the digitized photograph of the sexual
1714offender within 60 days before the sexual offender's release and
1715also place it in the sexual offender's file. If the sexual
1716offender is in the custody of a local jail, the custodian of the
1717local jail shall register the offender within 3 business days
1718after intake of the offender for any reason and upon release,
1719and shall notify the Department of Law Enforcement of the sexual
1720offender's release and provide to the Department of Law
1721Enforcement the information specified in this subparagraph and
1722any information specified in subparagraph 2. which the
1723Department of Law Enforcement requests.
1724     2.  The department may provide any other information
1725considered necessary, including criminal and delinquency
1726records, when available.
1727     Section 14.  Paragraph (a) of subsection (4), paragraph (a)
1728of subsection (6), and paragraph (b) of subsection (13) of
1729section 985.4815, Florida Statutes, are amended to read:
1730     985.4815  Notification to Department of Law Enforcement of
1731information on juvenile sexual offenders.-
1732     (4)  A sexual offender, as described in this section, who
1733is under the supervision of the department but who is not
1734committed must register with the department within 3 business
1735days after adjudication and disposition for a registrable
1736offense and otherwise provide information as required by this
1737subsection.
1738     (a)  The sexual offender shall provide his or her name;
1739date of birth; social security number; race; sex; height;
1740weight; hair and eye color; tattoos or other identifying marks;
1741and permanent or legal residence and address of temporary
1742residence within the state or out of state while the sexual
1743offender is in the care or custody or under the jurisdiction or
1744supervision of the department in this state, including any rural
1745route address or post office box; if no permanent or temporary
1746address, any transient residence; address, location or
1747description, and dates of any current or known future temporary
1748residence within the state or out of state;, and the name and
1749address of each school attended. The department shall verify the
1750address of each sexual offender and shall report to the
1751Department of Law Enforcement any failure by a sexual offender
1752to comply with registration requirements.
1753     (6)(a)  The information provided to the Department of Law
1754Enforcement must include the following:
1755     1.  The information obtained from the sexual offender under
1756subsection (4).
1757     2.  The sexual offender's most current address and place of
1758permanent, or temporary, or transient residence within the state
1759or out of state, and address, location or description, and dates
1760of any current or known future temporary residence within the
1761state or out of state, while the sexual offender is in the care
1762or custody or under the jurisdiction or supervision of the
1763department in this state, including the name of the county or
1764municipality in which the offender permanently or temporarily
1765resides, or has a transient residence, and address, location or
1766description, and dates of any current or known future temporary
1767residence within the state or out of state; and, if known, the
1768intended place of permanent, or temporary, or transient
1769residence, and address, location or description, and dates of
1770any current or known future temporary residence within the state
1771or out of state upon satisfaction of all sanctions.
1772     3.  The legal status of the sexual offender and the
1773scheduled termination date of that legal status.
1774     4.  The location of, and local telephone number for, any
1775department office that is responsible for supervising the sexual
1776offender.
1777     5.  An indication of whether the victim of the offense that
1778resulted in the offender's status as a sexual offender was a
1779minor.
1780     6.  The offense or offenses at adjudication and disposition
1781that resulted in the determination of the offender's status as a
1782sex offender.
1783     7.  A digitized photograph of the sexual offender, which
1784must have been taken within 60 days before the offender was
1785released from the custody of the department or a private
1786correctional facility by expiration of sentence under s.
1787944.275, or within 60 days after the onset of the department's
1788supervision of any sexual offender who is on probation,
1789postcommitment probation, residential commitment, nonresidential
1790commitment, licensed child-caring commitment, community control,
1791conditional release, parole, provisional release, or control
1792release or who is supervised by the department under the
1793Interstate Compact Agreement for Probationers and Parolees. If
1794the sexual offender is in the custody of a private correctional
1795facility, the facility shall take a digitized photograph of the
1796sexual offender within the time period provided in this
1797subparagraph and shall provide the photograph to the department.
1798     (13)
1799     (b)  The sheriff's office may determine the appropriate
1800times and days for reporting by the sexual offender, which shall
1801be consistent with the reporting requirements of this
1802subsection. Reregistration shall include any changes to the
1803following information:
1804     1.  Name; social security number; age; race; sex; date of
1805birth; height; weight; hair and eye color; address of any
1806permanent residence and address of any current temporary
1807residence, within the state or out of state, including a rural
1808route address and a post office box; if no permanent or
1809temporary address, any transient residence; address, location or
1810description, and dates of any current or known future temporary
1811residence within the state or out of state; name and address of
1812each school attended; date and place of any employment; vehicle
1813make, model, color, and license tag number; fingerprints; and
1814photograph. A post office box shall not be provided in lieu of a
1815physical residential address.
1816     2.  If the sexual offender is enrolled, employed, or
1817carrying on a vocation at an institution of higher education in
1818this state, the sexual offender shall also provide to the
1819department the name, address, and county of each institution,
1820including each campus attended, and the sexual offender's
1821enrollment or employment status.
1822     3.  If the sexual offender's place of residence is a motor
1823vehicle, trailer, mobile home, or manufactured home, as defined
1824in chapter 320, the sexual offender shall also provide the
1825vehicle identification number; the license tag number; the
1826registration number; and a description, including color scheme,
1827of the motor vehicle, trailer, mobile home, or manufactured
1828home. If the sexual offender's place of residence is a vessel,
1829live-aboard vessel, or houseboat, as defined in chapter 327, the
1830sexual offender shall also provide the hull identification
1831number; the manufacturer's serial number; the name of the
1832vessel, live-aboard vessel, or houseboat; the registration
1833number; and a description, including color scheme, of the
1834vessel, live-aboard vessel, or houseboat.
1835     4.  Any sexual offender who fails to report in person as
1836required at the sheriff's office, or who fails to respond to any
1837address verification correspondence from the department within 3
1838weeks after the date of the correspondence, commits a felony of
1839the third degree, punishable as provided in ss. 775.082,
1840775.083, and 775.084.
1841     Section 15.  The Legislature intends that nothing in this
1842act reduce or diminish a court's jurisdiction.
1843     Section 16.  If any provision of this act or its
1844application to any person or circumstance is held invalid, the
1845invalidity does not affect other provisions or applications of
1846this act which can be given effect without the invalid provision
1847or application, and to this end the provisions of this act are
1848declared severable.
1849     Section 17.  The Division of Statutory Revision is directed
1850to replace the phrase "the effective date of this act" wherever
1851it occurs in this act with the date this act becomes a law.
1852     Section 18.  This act shall take effect upon becoming a
1853law.


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