August 13, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h0119er
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. 943.04354, F.S.; allowing the
36removal of the requirement to register as a sexual
37offender or sexual predator for a violation involving
38sexual performance by a child in special circumstances;
39amending s. 944.606, F.S.; revising address reporting
40requirements for sexual offenders; amending s. 944.607,
41F.S.; requiring additional registration information from
42sex offenders who are under the supervision of the
43Department of Corrections but who are not incarcerated;
44amending s. 947.005, F.S.; providing additional
45definitions; amending s. 947.1405, F.S.; conforming
46terminology to changes made by the act; providing that a
47releasee living in an approved residence before the
48establishment of a school, child care facility, park, or
49playground within 1,000 feet of the residence may not be
50forced to relocate and does not violate his or her
51conditional release supervision; revising provisions
52relating to polygraph examinations of specified
53conditional releasees who have committed specified sexual
54offenses; providing additional restrictions for certain
55conditional releasees who have committed specified sexual
56offenses against minors or have similar convictions in
57another jurisdiction; amending s. 948.001, F.S.; revising
58and providing definitions; amending s. 948.30, F.S.;
59conforming terminology to changes made by the act;
60providing that a probationer or community controllee
61living in an approved residence before the establishment
62of a school, child care facility, park, or playground
63within 1,000 feet of the residence may not be forced to
64relocate and does not violate his or her probation or
65community control; revising provisions relating to
66polygraph examinations of specified probationers or
67community controllees who have committed specified sexual
68offenses; providing additional restrictions for certain
69probationers or community controllees who committed
70specified sexual offenses against minors or who have
71similar convictions in another jurisdiction; amending s.
72948.31, F.S.; deleting a requirement for diagnosis of
73certain sexual predators and sexual offenders on community
74control; revising provisions relating to treatment for
75such offenders and predators; amending s. 985.481, F.S.;
76providing additional address reporting requirements for
77sexual offenders adjudicated delinquent; amending s.
78985.4815, F.S.; revising provisions relating to address
79and residence reporting requirements for sexual offenders
80adjudicated delinquent; providing legislative intent;
81providing severability; providing a directive to the
82Division of Statutory Revision; providing an effective
83date.
84
85Be It Enacted by the Legislature of the State of Florida:
86
87     Section 1.  Section 856.022, Florida Statutes, is created
88to read:
89     856.022  Loitering or prowling by certain offenders in
90close proximity to children; penalty.-
91     (1)  Except as provided in subsection (2), this section
92applies to a person convicted of committing, or attempting,
93soliciting, or conspiring to commit, any of the criminal
94offenses proscribed in the following statutes in this state or
95similar offenses in another jurisdiction against a victim who
96was under 18 years of age at the time of the offense: s. 787.01,
97s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
98the offender was not the victim's parent or guardian; s.
99794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
100796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
101847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
102847.0145; s. 985.701(1); or any similar offense committed in
103this state which has been redesignated from a former statute
104number to one of those listed in this subsection, if the person
105has not received a pardon for any felony or similar law of
106another jurisdiction necessary for the operation of this
107subsection and a conviction of a felony or similar law of
108another jurisdiction necessary for the operation of this
109subsection has not been set aside in any postconviction
110proceeding.
111     (2)  This section does not apply to a person who has been
112removed from the requirement to register as a sexual offender or
113sexual predator pursuant to s. 943.04354.
114     (3)  A person described in subsection (1) commits loitering
115and prowling by a person convicted of a sexual offense against a
116minor if, in committing loitering and prowling, he or she was
117within 300 feet of a place where children were congregating.
118     (4)  It is unlawful for a person described in subsection
119(1) to:
120     (a)  Knowingly approach, contact, or communicate with a
121child under 18 years of age in any public park building or on
122real property comprising any public park or playground with the
123intent to engage in conduct of a sexual nature or to make a
124communication of any type with any content of a sexual nature.
125This paragraph applies only to a person described in subsection
126(1) whose offense was committed on or after the effective date
127of this act.
128     (b)1.  Knowingly be present in any child care facility or
129school containing any students in prekindergarten through grade
13012 or on real property comprising any child care facility or
131school containing any students in prekindergarten through grade
13212 when the child care facility or school is in operation unless
133the person had previously provided written notification of his
134or her intent to be present to the school board, superintendent,
135principal, or child care facility owner;
136     2.  Fail to notify the child care facility owner or the
137school principal's office when he or she arrives and departs the
138child care facility or school; or
139     3.  Fail to remain under direct supervision of a school
140official or designated chaperone when present in the vicinity of
141children. As used in this paragraph, the term "school official"
142means a principal, a school resource officer, a teacher or any
143other employee of the school, the superintendent of schools, a
144member of the school board, a child care facility owner, or a
145child care provider.
146     (c)  A person is not in violation of paragraph (b) if:
147     1.  The child care facility or school is a voting location
148and the person is present for the purpose of voting during the
149hours designated for voting; or
150     2.  The person is only dropping off or picking up his or
151her own children or grandchildren at the child care facility or
152school.
153     (5)  Any person who violates this section commits a
154misdemeanor of the first degree, punishable as provided in s.
155775.082 or s. 775.083.
156     Section 2.  Subsection (2), paragraph (c) of subsection
157(4), paragraph (a) of subsection (5), paragraphs (a), (f), (g),
158(i), and (j) of subsection (6), paragraph (a) of subsection (7),
159paragraph (a) of subsection (8), and paragraph (b) of subsection
160(10) of section 775.21, Florida Statutes, are amended to read:
161     775.21  The Florida Sexual Predators Act.-
162     (2)  DEFINITIONS.-As used in this section, the term:
163     (a)(i)  "Change in enrollment or employment status" means
164the commencement or termination of enrollment or employment or a
165change in location of enrollment or employment.
166     (b)(a)  "Chief of police" means the chief law enforcement
167officer of a municipality.
168     (c)  "Child care facility" has the same meaning as provided
169in s. 402.302.
170     (d)(b)  "Community" means any county where the sexual
171predator lives or otherwise establishes or maintains a temporary
172or permanent residence.
173     (e)(c)  "Conviction" means a determination of guilt which
174is the result of a trial or the entry of a plea of guilty or
175nolo contendere, regardless of whether adjudication is withheld.
176A conviction for a similar offense includes, but is not limited
177to, a conviction by a federal or military tribunal, including
178courts-martial conducted by the Armed Forces of the United
179States, and includes a conviction or entry of a plea of guilty
180or nolo contendere resulting in a sanction in any state of the
181United States or other jurisdiction. A sanction includes, but is
182not limited to, a fine, probation, community control, parole,
183conditional release, control release, or incarceration in a
184state prison, federal prison, private correctional facility, or
185local detention facility.
186     (f)(d)  "Department" means the Department of Law
187Enforcement.
188     (g)(j)  "Electronic mail address" has the same meaning as
189provided in s. 668.602.
190     (h)(e)  "Entering the county" includes being discharged
191from a correctional facility or jail or secure treatment
192facility within the county or being under supervision within the
193county for the commission of a violation enumerated in
194subsection (4).
195     (i)(k)  "Instant message name" means an identifier that
196allows a person to communicate in real time with another person
197using the Internet.
198     (j)(h)  "Institution of higher education" means a career
199center, community college, college, state university, or
200independent postsecondary institution.
201     (k)(f)  "Permanent residence" means a place where the
202person abides, lodges, or resides for 5 or more consecutive
203days.
204     (l)(g)  "Temporary residence" means a place where the
205person abides, lodges, or resides, including, but not limited
206to, vacation, business, or personal travel destinations in or
207out of this state, for a period of 5 or more days in the
208aggregate during any calendar year and which is not the person's
209permanent address or, for a person whose permanent residence is
210not in this state, a place where the person is employed,
211practices a vocation, or is enrolled as a student for any period
212of time in this state.
213     (m)  "Transient residence" means a place or county where a
214person lives, remains, or is located for a period of 5 or more
215days in the aggregate during a calendar year and which is not
216the person's permanent or temporary address. The term includes,
217but is not limited to, a place where the person sleeps or seeks
218shelter and a location that has no specific street address.
219     (4)  SEXUAL PREDATOR CRITERIA.-
220     (c)  If an offender has been registered as a sexual
221predator by the Department of Corrections, the department, or
222any other law enforcement agency and if:
223     1.  The court did not, for whatever reason, make a written
224finding at the time of sentencing that the offender was a sexual
225predator; or
226     2.  The offender was administratively registered as a
227sexual predator because the Department of Corrections, the
228department, or any other law enforcement agency obtained
229information that indicated that the offender met the criteria
230for designation as a sexual predator based on a violation of a
231similar law in another jurisdiction,
232
233the department shall remove that offender from the department's
234list of sexual predators and, for an offender described under
235subparagraph 1., shall notify the state attorney who prosecuted
236the offense that met the criteria for administrative designation
237as a sexual predator, and, for an offender described under this
238paragraph, shall notify the state attorney of the county where
239the offender establishes or maintains a permanent, or temporary,
240or transient residence. The state attorney shall bring the
241matter to the court's attention in order to establish that the
242offender meets the criteria for designation as a sexual
243predator. If the court makes a written finding that the offender
244is a sexual predator, the offender must be designated as a
245sexual predator, must register or be registered as a sexual
246predator with the department as provided in subsection (6), and
247is subject to the community and public notification as provided
248in subsection (7). If the court does not make a written finding
249that the offender is a sexual predator, the offender may not be
250designated as a sexual predator with respect to that offense and
251is not required to register or be registered as a sexual
252predator with the department.
253     (5)  SEXUAL PREDATOR DESIGNATION.-An offender is designated
254as a sexual predator as follows:
255     (a)1.  An offender who meets the sexual predator criteria
256described in paragraph (4)(d) is a sexual predator, and the
257court shall make a written finding at the time such offender is
258determined to be a sexually violent predator under chapter 394
259that such person meets the criteria for designation as a sexual
260predator for purposes of this section. The clerk shall transmit
261a copy of the order containing the written finding to the
262department within 48 hours after the entry of the order;
263     2.  An offender who meets the sexual predator criteria
264described in paragraph (4)(a) who is before the court for
265sentencing for a current offense committed on or after October
2661, 1993, is a sexual predator, and the sentencing court must
267make a written finding at the time of sentencing that the
268offender is a sexual predator, and the clerk of the court shall
269transmit a copy of the order containing the written finding to
270the department within 48 hours after the entry of the order; or
271     3.  If the Department of Corrections, the department, or
272any other law enforcement agency obtains information which
273indicates that an offender who establishes or maintains a
274permanent, or temporary, or transient residence in this state
275meets the sexual predator criteria described in paragraph (4)(a)
276or paragraph (4)(d) because the offender was civilly committed
277or committed a similar violation in another jurisdiction on or
278after October 1, 1993, the Department of Corrections, the
279department, or the law enforcement agency shall notify the state
280attorney of the county where the offender establishes or
281maintains a permanent, or temporary, or transient residence of
282the offender's presence in the community. The state attorney
283shall file a petition with the criminal division of the circuit
284court for the purpose of holding a hearing to determine if the
285offender's criminal record or record of civil commitment from
286another jurisdiction meets the sexual predator criteria. If the
287court finds that the offender meets the sexual predator criteria
288because the offender has violated a similar law or similar laws
289in another jurisdiction, the court shall make a written finding
290that the offender is a sexual predator.
291
292When the court makes a written finding that an offender is a
293sexual predator, the court shall inform the sexual predator of
294the registration and community and public notification
295requirements described in this section. Within 48 hours after
296the court designating an offender as a sexual predator, the
297clerk of the circuit court shall transmit a copy of the court's
298written sexual predator finding to the department. If the
299offender is sentenced to a term of imprisonment or supervision,
300a copy of the court's written sexual predator finding must be
301submitted to the Department of Corrections.
302     (6)  REGISTRATION.-
303     (a)  A sexual predator must register with the department
304through the sheriff's office by providing the following
305information to the department:
306     1.  Name;, social security number;, age;, race;, sex;, date
307of birth;, height;, weight;, hair and eye color;, photograph;,
308address of legal residence and address of any current temporary
309residence, within the state or out of state, including a rural
310route address and a post office box;, if no permanent or
311temporary address, any transient residence within the state;
312address, location or description, and dates of any current or
313known future temporary residence within the state or out of
314state; any electronic mail address and any instant message name
315required to be provided pursuant to subparagraph (g)4.;, home
316telephone number and any cellular telephone number;, date and
317place of any employment;, date and place of each conviction;,
318fingerprints;, and a brief description of the crime or crimes
319committed by the offender. A post office box shall not be
320provided in lieu of a physical residential address.
321     a.  If the sexual predator's place of residence is a motor
322vehicle, trailer, mobile home, or manufactured home, as defined
323in chapter 320, the sexual predator shall also provide to the
324department written notice of the vehicle identification number;
325the license tag number; the registration number; and a
326description, including color scheme, of the motor vehicle,
327trailer, mobile home, or manufactured home. If a sexual
328predator's place of residence is a vessel, live-aboard vessel,
329or houseboat, as defined in chapter 327, the sexual predator
330shall also provide to the department written notice of the hull
331identification number; the manufacturer's serial number; the
332name of the vessel, live-aboard vessel, or houseboat; the
333registration number; and a description, including color scheme,
334of the vessel, live-aboard vessel, or houseboat.
335     b.  If the sexual predator is enrolled, employed, or
336carrying on a vocation at an institution of higher education in
337this state, the sexual predator shall also provide to the
338department the name, address, and county of each institution,
339including each campus attended, and the sexual predator's
340enrollment or employment status. Each change in enrollment or
341employment status shall be reported in person at the sheriff's
342office, or the Department of Corrections if the sexual predator
343is in the custody or control of or under the supervision of the
344Department of Corrections, within 48 hours after any change in
345status. The sheriff or the Department of Corrections shall
346promptly notify each institution of the sexual predator's
347presence and any change in the sexual predator's enrollment or
348employment status.
349     2.  Any other information determined necessary by the
350department, including criminal and corrections records;
351nonprivileged personnel and treatment records; and evidentiary
352genetic markers when available.
353     (f)  Within 48 hours after the registration required under
354paragraph (a) or paragraph (e), a sexual predator who is not
355incarcerated and who resides in the community, including a
356sexual predator under the supervision of the Department of
357Corrections, shall register in person at a driver's license
358office of the Department of Highway Safety and Motor Vehicles
359and shall present proof of registration. At the driver's license
360office the sexual predator shall:
361     1.  If otherwise qualified, secure a Florida driver's
362license, renew a Florida driver's license, or secure an
363identification card. The sexual predator shall identify himself
364or herself as a sexual predator who is required to comply with
365this section, provide his or her place of permanent, or
366temporary, or transient residence, including a rural route
367address and a post office box, and submit to the taking of a
368photograph for use in issuing a driver's license, renewed
369license, or identification card, and for use by the department
370in maintaining current records of sexual predators. A post
371office box shall not be provided in lieu of a physical
372residential address. If the sexual predator's place of residence
373is a motor vehicle, trailer, mobile home, or manufactured home,
374as defined in chapter 320, the sexual predator shall also
375provide to the Department of Highway Safety and Motor Vehicles
376the vehicle identification number; the license tag number; the
377registration number; and a description, including color scheme,
378of the motor vehicle, trailer, mobile home, or manufactured
379home. If a sexual predator's place of residence is a vessel,
380live-aboard vessel, or houseboat, as defined in chapter 327, the
381sexual predator shall also provide to the Department of Highway
382Safety and Motor Vehicles the hull identification number; the
383manufacturer's serial number; the name of the vessel, live-
384aboard vessel, or houseboat; the registration number; and a
385description, including color scheme, of the vessel, live-aboard
386vessel, or houseboat.
387     2.  Pay the costs assessed by the Department of Highway
388Safety and Motor Vehicles for issuing or renewing a driver's
389license or identification card as required by this section. The
390driver's license or identification card issued to the sexual
391predator must be in compliance with s. 322.141(3).
392     3.  Provide, upon request, any additional information
393necessary to confirm the identity of the sexual predator,
394including a set of fingerprints.
395     (g)1.  Each time a sexual predator's driver's license or
396identification card is subject to renewal, and, without regard
397to the status of the predator's driver's license or
398identification card, within 48 hours after any change of the
399predator's residence or change in the predator's name by reason
400of marriage or other legal process, the predator shall report in
401person to a driver's license office and shall be subject to the
402requirements specified in paragraph (f). The Department of
403Highway Safety and Motor Vehicles shall forward to the
404department and to the Department of Corrections all photographs
405and information provided by sexual predators. Notwithstanding
406the restrictions set forth in s. 322.142, the Department of
407Highway Safety and Motor Vehicles is authorized to release a
408reproduction of a color-photograph or digital-image license to
409the Department of Law Enforcement for purposes of public
410notification of sexual predators as provided in this section.
411     2.  A sexual predator who vacates a permanent, temporary,
412or transient residence and fails to establish or maintain
413another permanent, or temporary, or transient residence shall,
414within 48 hours after vacating the permanent, temporary, or
415transient residence, report in person to the sheriff's office of
416the county in which he or she is located. The sexual predator
417shall specify the date upon which he or she intends to or did
418vacate such residence. The sexual predator must provide or
419update all of the registration information required under
420paragraph (a). The sexual predator must provide an address for
421the residence or other place location that he or she is or will
422be located occupying during the time in which he or she fails to
423establish or maintain a permanent or temporary residence.
424     3.  A sexual predator who remains at a permanent,
425temporary, or transient residence after reporting his or her
426intent to vacate such residence shall, within 48 hours after the
427date upon which the predator indicated he or she would or did
428vacate such residence, report in person to the sheriff's office
429to which he or she reported pursuant to subparagraph 2. for the
430purpose of reporting his or her address at such residence. When
431the sheriff receives the report, the sheriff shall promptly
432convey the information to the department. An offender who makes
433a report as required under subparagraph 2. but fails to make a
434report as required under this subparagraph commits a felony of
435the second degree, punishable as provided in s. 775.082, s.
436775.083, or s. 775.084.
437     4.  A sexual predator must register any electronic mail
438address or instant message name with the department prior to
439using such electronic mail address or instant message name on or
440after October 1, 2007. The department shall establish an online
441system through which sexual predators may securely access and
442update all electronic mail address and instant message name
443information.
444     (i)  A sexual predator who intends to establish a
445permanent, temporary, or transient residence in another state or
446jurisdiction other than the State of Florida shall report in
447person to the sheriff of the county of current residence within
44848 hours before the date he or she intends to leave this state
449to establish residence in another state or jurisdiction. The
450sexual predator must provide to the sheriff the address,
451municipality, county, and state of intended residence. The
452sheriff shall promptly provide to the department the information
453received from the sexual predator. The department shall notify
454the statewide law enforcement agency, or a comparable agency, in
455the intended state or jurisdiction of residence of the sexual
456predator's intended residence. The failure of a sexual predator
457to provide his or her intended place of residence is punishable
458as provided in subsection (10).
459     (j)  A sexual predator who indicates his or her intent to
460establish a permanent, temporary, or transient residence reside
461in another state or jurisdiction other than the State of Florida
462and later decides to remain in this state shall, within 48 hours
463after the date upon which the sexual predator indicated he or
464she would leave this state, report in person to the sheriff to
465which the sexual predator reported the intended change of
466residence, and report his or her intent to remain in this state.
467If the sheriff is notified by the sexual predator that he or she
468intends to remain in this state, the sheriff shall promptly
469report this information to the department. A sexual predator who
470reports his or her intent to establish a permanent, temporary,
471or transient residence reside in another state or jurisdiction,
472but who remains in this state without reporting to the sheriff
473in the manner required by this paragraph, commits a felony of
474the second degree, punishable as provided in s. 775.082, s.
475775.083, or s. 775.084.
476     (7)  COMMUNITY AND PUBLIC NOTIFICATION.-
477     (a)  Law enforcement agencies must inform members of the
478community and the public of a sexual predator's presence. Upon
479notification of the presence of a sexual predator, the sheriff
480of the county or the chief of police of the municipality where
481the sexual predator establishes or maintains a permanent or
482temporary residence shall notify members of the community and
483the public of the presence of the sexual predator in a manner
484deemed appropriate by the sheriff or the chief of police. Within
48548 hours after receiving notification of the presence of a
486sexual predator, the sheriff of the county or the chief of
487police of the municipality where the sexual predator temporarily
488or permanently resides shall notify each licensed child care
489facility day care center, elementary school, middle school, and
490high school within a 1-mile radius of the temporary or permanent
491residence of the sexual predator of the presence of the sexual
492predator. Information provided to members of the community and
493the public regarding a sexual predator must include:
494     1.  The name of the sexual predator;
495     2.  A description of the sexual predator, including a
496photograph;
497     3.  The sexual predator's current permanent, temporary, and
498transient addresses, and descriptions of registered locations
499that have no specific street address, including the name of the
500county or municipality if known;
501     4.  The circumstances of the sexual predator's offense or
502offenses; and
503     5.  Whether the victim of the sexual predator's offense or
504offenses was, at the time of the offense, a minor or an adult.
505
506This paragraph does not authorize the release of the name of any
507victim of the sexual predator.
508     (8)  VERIFICATION.-The department and the Department of
509Corrections shall implement a system for verifying the addresses
510of sexual predators. The system must be consistent with the
511provisions of the federal Adam Walsh Child Protection and Safety
512Act of 2006 and any other federal standards applicable to such
513verification or required to be met as a condition for the
514receipt of federal funds by the state. The Department of
515Corrections shall verify the addresses of sexual predators who
516are not incarcerated but who reside in the community under the
517supervision of the Department of Corrections and shall report to
518the department any failure by a sexual predator to comply with
519registration requirements. County and local law enforcement
520agencies, in conjunction with the department, shall verify the
521addresses of sexual predators who are not under the care,
522custody, control, or supervision of the Department of
523Corrections. Local law enforcement agencies shall report to the
524department any failure by a sexual predator to comply with
525registration requirements.
526     (a)  A sexual predator must report in person each year
527during the month of the sexual predator's birthday and during
528every third month thereafter to the sheriff's office in the
529county in which he or she resides or is otherwise located to
530reregister. The sheriff's office may determine the appropriate
531times and days for reporting by the sexual predator, which shall
532be consistent with the reporting requirements of this paragraph.
533Reregistration shall include any changes to the following
534information:
535     1.  Name; social security number; age; race; sex; date of
536birth; height; weight; hair and eye color; address of any
537permanent residence and address of any current temporary
538residence, within the state or out of state, including a rural
539route address and a post office box; if no permanent or
540temporary address, any transient residence within the state;
541address, location or description, and dates of any current or
542known future temporary residence within the state or out of
543state; any electronic mail address and any instant message name
544required to be provided pursuant to subparagraph (6)(g)4.; home
545telephone number and any cellular telephone number; date and
546place of any employment; vehicle make, model, color, and license
547tag number; fingerprints; and photograph. A post office box
548shall not be provided in lieu of a physical residential address.
549     2.  If the sexual predator is enrolled, employed, or
550carrying on a vocation at an institution of higher education in
551this state, the sexual predator shall also provide to the
552department the name, address, and county of each institution,
553including each campus attended, and the sexual predator's
554enrollment or employment status.
555     3.  If the sexual predator's place of residence is a motor
556vehicle, trailer, mobile home, or manufactured home, as defined
557in chapter 320, the sexual predator shall also provide the
558vehicle identification number; the license tag number; the
559registration number; and a description, including color scheme,
560of the motor vehicle, trailer, mobile home, or manufactured
561home. If the sexual predator's place of residence is a vessel,
562live-aboard vessel, or houseboat, as defined in chapter 327, the
563sexual predator shall also provide the hull identification
564number; the manufacturer's serial number; the name of the
565vessel, live-aboard vessel, or houseboat; the registration
566number; and a description, including color scheme, of the
567vessel, live-aboard vessel, or houseboat.
568     (10)  PENALTIES.-
569     (b)  A sexual predator who has been convicted of or found
570to have committed, or has pled nolo contendere or guilty to,
571regardless of adjudication, any violation, or attempted
572violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
573the victim is a minor and the defendant is not the victim's
574parent or guardian; s. 794.011, excluding s. 794.011(10); s.
575794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
576847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
577violation of a similar law of another jurisdiction when the
578victim of the offense was a minor, and who works, whether for
579compensation or as a volunteer, at any business, school, child
580care facility day care center, park, playground, or other place
581where children regularly congregate, commits a felony of the
582third degree, punishable as provided in s. 775.082, s. 775.083,
583or s. 775.084.
584     Section 3.  Section 794.065, Florida Statutes, is
585transferred, renumbered as section 775.215, Florida Statutes,
586and amended to read:
587     775.215 794.065  Residency restriction Unlawful place of
588residence for persons convicted of certain sex offenses.-
589     (1)  As used in this section, the term:
590     (a)  "Child care facility" has the same meaning as provided
591in s. 402.302.
592     (b)  "Park" means all public and private property
593specifically designated as being used for recreational purposes
594and where children regularly congregate.
595     (c)  "Playground" means a designated independent area in
596the community or neighborhood that is designated solely for
597children and has one or more play structures.
598     (d)  "School" has the same meaning as provided in s.
5991003.01 and includes a private school as defined in s. 1002.01,
600a voluntary prekindergarten education program as described in s.
6011002.53(3), a public school as described in s. 402.3025(1), the
602Florida School for the Deaf and the Blind, the Florida Virtual
603School as established under s. 1002.37, and a K-8 Virtual School
604as established under s. 1002.415, but does not include
605facilities dedicated exclusively to the education of adults.
606     (2)(a)(1)  A It is unlawful for any person who has been
607convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
608s. 847.0135(5), or s. 847.0145, regardless of whether
609adjudication has been withheld, in which the victim of the
610offense was less than 16 years of age, may not to reside within
6111,000 feet of any school, child care facility day care center,
612park, or playground. However, a person does not violate this
613subsection and may not be forced to relocate if he or she is
614living in a residence that meets the requirements of this
615subsection and a school, child care facility, park, or
616playground is subsequently established within 1,000 feet of his
617or her residence.
618     (b)  A person who violates this subsection section and
619whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
620847.0135(5), or s. 847.0145 was classified as a felony of the
621first degree or higher commits a felony of the third degree,
622punishable as provided in s. 775.082 or s. 775.083. A person who
623violates this subsection section and whose conviction under s.
624794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145
625was classified as a felony of the second or third degree commits
626a misdemeanor of the first degree, punishable as provided in s.
627775.082 or s. 775.083.
628     (c)(2)  This subsection section applies to any person
629convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
630s. 847.0135(5), or s. 847.0145 for offenses that occur on or
631after October 1, 2004, excluding persons who have been removed
632from the requirement to register as a sexual offender or sexual
633predator pursuant to s. 943.04354.
634     (3)(a)  A person who has been convicted of an offense in
635another jurisdiction that is similar to a violation of s.
636794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
637regardless of whether adjudication has been withheld, in which
638the victim of the offense was less than 16 years of age, may not
639reside within 1,000 feet of any school, child care facility,
640park, or playground. However, a person does not violate this
641subsection and may not be forced to relocate if he or she is
642living in a residence that meets the requirements of this
643subsection and a school, child care facility, park, or
644playground is subsequently established within 1,000 feet of his
645or her residence.
646     (b)  A person who violates this subsection and whose
647conviction in another jurisdiction resulted in a penalty that is
648substantially similar to a felony of the first degree or higher
649commits a felony of the third degree, punishable as provided in
650s. 775.082 or s. 775.083. A person who violates this subsection
651and whose conviction in another jurisdiction resulted in a
652penalty that is substantially similar to a felony of the second
653or third degree commits a misdemeanor of the first degree,
654punishable as provided in s. 775.082 or s. 775.083.
655     (c)  This subsection applies to any person convicted of an
656offense in another jurisdiction that is similar to a violation
657of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
658847.0145 if such offense occurred on or after the effective date
659of this act, excluding persons who have been removed from the
660requirement to register as a sexual offender or sexual predator
661pursuant to s. 943.04354.
662     Section 4.  Paragraph (c) of subsection (1), subsection
663(2), paragraphs (a), (b), and (c) of subsection (4), subsections
664(7), (8), and (10), and paragraph (c) of subsection (14) of
665section 943.0435, Florida Statutes, are amended to read:
666     943.0435  Sexual offenders required to register with the
667department; penalty.-
668     (1)  As used in this section, the term:
669     (c)  "Permanent residence," and "temporary residence," and
670"transient residence" have the same meaning ascribed in s.
671775.21.
672     (2)  A sexual offender shall:
673     (a)  Report in person at the sheriff's office:
674     1.  In the county in which the offender establishes or
675maintains a permanent, or temporary, or transient residence
676within 48 hours after:
677     a.  Establishing permanent, or temporary, or transient
678residence in this state; or
679     b.  Being released from the custody, control, or
680supervision of the Department of Corrections or from the custody
681of a private correctional facility; or
682     2.  In the county where he or she was convicted within 48
683hours after being convicted for a qualifying offense for
684registration under this section if the offender is not in the
685custody or control of, or under the supervision of, the
686Department of Corrections, or is not in the custody of a private
687correctional facility.
688
689Any change in the information required to be provided pursuant
690to paragraph (b), including, but not limited to, any change in
691the sexual offender's permanent, or temporary, or transient
692residence, name, any electronic mail address and any instant
693message name required to be provided pursuant to paragraph
694(4)(d), after the sexual offender reports in person at the
695sheriff's office, shall be accomplished in the manner provided
696in subsections (4), (7), and (8).
697     (b)  Provide his or her name;, date of birth;, social
698security number;, race;, sex;, height;, weight;, hair and eye
699color;, tattoos or other identifying marks;, occupation and
700place of employment;, address of permanent or legal residence or
701address of any current temporary residence, within the state or
702and out of state, including a rural route address and a post
703office box;, if no permanent or temporary address, any transient
704residence within the state, address, location or description,
705and dates of any current or known future temporary residence
706within the state or out of state; home telephone number and any
707cellular telephone number;, any electronic mail address and any
708instant message name required to be provided pursuant to
709paragraph (4)(d);, date and place of each conviction;, and a
710brief description of the crime or crimes committed by the
711offender. A post office box shall not be provided in lieu of a
712physical residential address.
713     1.  If the sexual offender's place of residence is a motor
714vehicle, trailer, mobile home, or manufactured home, as defined
715in chapter 320, the sexual offender shall also provide to the
716department through the sheriff's office written notice of the
717vehicle identification number; the license tag number; the
718registration number; and a description, including color scheme,
719of the motor vehicle, trailer, mobile home, or manufactured
720home. If the sexual offender's place of residence is a vessel,
721live-aboard vessel, or houseboat, as defined in chapter 327, the
722sexual offender shall also provide to the department written
723notice of the hull identification number; the manufacturer's
724serial number; the name of the vessel, live-aboard vessel, or
725houseboat; the registration number; and a description, including
726color scheme, of the vessel, live-aboard vessel, or houseboat.
727     2.  If the sexual offender is enrolled, employed, or
728carrying on a vocation at an institution of higher education in
729this state, the sexual offender shall also provide to the
730department through the sheriff's office the name, address, and
731county of each institution, including each campus attended, and
732the sexual offender's enrollment or employment status. Each
733change in enrollment or employment status shall be reported in
734person at the sheriff's office, within 48 hours after any change
735in status. The sheriff shall promptly notify each institution of
736the sexual offender's presence and any change in the sexual
737offender's enrollment or employment status.
738
739When a sexual offender reports at the sheriff's office, the
740sheriff shall take a photograph and a set of fingerprints of the
741offender and forward the photographs and fingerprints to the
742department, along with the information provided by the sexual
743offender. The sheriff shall promptly provide to the department
744the information received from the sexual offender.
745     (4)(a)  Each time a sexual offender's driver's license or
746identification card is subject to renewal, and, without regard
747to the status of the offender's driver's license or
748identification card, within 48 hours after any change in the
749offender's permanent, or temporary, or transient residence or
750change in the offender's name by reason of marriage or other
751legal process, the offender shall report in person to a driver's
752license office, and shall be subject to the requirements
753specified in subsection (3). The Department of Highway Safety
754and Motor Vehicles shall forward to the department all
755photographs and information provided by sexual offenders.
756Notwithstanding the restrictions set forth in s. 322.142, the
757Department of Highway Safety and Motor Vehicles is authorized to
758release a reproduction of a color-photograph or digital-image
759license to the Department of Law Enforcement for purposes of
760public notification of sexual offenders as provided in this
761section and ss. 943.043 and 944.606.
762     (b)  A sexual offender who vacates a permanent, temporary,
763or transient residence and fails to establish or maintain
764another permanent, or temporary, or transient residence shall,
765within 48 hours after vacating the permanent, temporary, or
766transient residence, report in person to the sheriff's office of
767the county in which he or she is located. The sexual offender
768shall specify the date upon which he or she intends to or did
769vacate such residence. The sexual offender must provide or
770update all of the registration information required under
771paragraph (2)(b). The sexual offender must provide an address
772for the residence or other place location that he or she is or
773will be located occupying during the time in which he or she
774fails to establish or maintain a permanent or temporary
775residence.
776     (c)  A sexual offender who remains at a permanent,
777temporary, or transient residence after reporting his or her
778intent to vacate such residence shall, within 48 hours after the
779date upon which the offender indicated he or she would or did
780vacate such residence, report in person to the agency to which
781he or she reported pursuant to paragraph (b) for the purpose of
782reporting his or her address at such residence. When the sheriff
783receives the report, the sheriff shall promptly convey the
784information to the department. An offender who makes a report as
785required under paragraph (b) but fails to make a report as
786required under this paragraph commits a felony of the second
787degree, punishable as provided in s. 775.082, s. 775.083, or s.
788775.084.
789     (7)  A sexual offender who intends to establish a
790permanent, temporary, or transient residence in another state or
791jurisdiction other than the State of Florida shall report in
792person to the sheriff of the county of current residence within
79348 hours before the date he or she intends to leave this state
794to establish residence in another state or jurisdiction. The
795notification must include the address, municipality, county, and
796state of intended residence. The sheriff shall promptly provide
797to the department the information received from the sexual
798offender. The department shall notify the statewide law
799enforcement agency, or a comparable agency, in the intended
800state or jurisdiction of residence of the sexual offender's
801intended residence. The failure of a sexual offender to provide
802his or her intended place of residence is punishable as provided
803in subsection (9).
804     (8)  A sexual offender who indicates his or her intent to
805establish a permanent, temporary, or transient residence reside
806in another state or jurisdiction other than the State of Florida
807and later decides to remain in this state shall, within 48 hours
808after the date upon which the sexual offender indicated he or
809she would leave this state, report in person to the sheriff to
810which the sexual offender reported the intended change of
811permanent, temporary, or transient residence, and report his or
812her intent to remain in this state. The sheriff shall promptly
813report this information to the department. A sexual offender who
814reports his or her intent to establish a permanent, temporary,
815or transient residence reside in another state or jurisdiction
816but who remains in this state without reporting to the sheriff
817in the manner required by this subsection commits a felony of
818the second degree, punishable as provided in s. 775.082, s.
819775.083, or s. 775.084.
820     (10)  The department, the Department of Highway Safety and
821Motor Vehicles, the Department of Corrections, the Department of
822Juvenile Justice, any law enforcement agency in this state, and
823the personnel of those departments; an elected or appointed
824official, public employee, or school administrator; or an
825employee, agency, or any individual or entity acting at the
826request or upon the direction of any law enforcement agency is
827immune from civil liability for damages for good faith
828compliance with the requirements of this section or for the
829release of information under this section, and shall be presumed
830to have acted in good faith in compiling, recording, reporting,
831or releasing the information. The presumption of good faith is
832not overcome if a technical or clerical error is made by the
833department, the Department of Highway Safety and Motor Vehicles,
834the Department of Corrections, the Department of Juvenile
835Justice, the personnel of those departments, or any individual
836or entity acting at the request or upon the direction of any of
837those departments in compiling or providing information, or if
838information is incomplete or incorrect because a sexual offender
839fails to report or falsely reports his or her current place of
840permanent, or temporary, or transient residence.
841     (14)
842     (c)  The sheriff's office may determine the appropriate
843times and days for reporting by the sexual offender, which shall
844be consistent with the reporting requirements of this
845subsection. Reregistration shall include any changes to the
846following information:
847     1.  Name; social security number; age; race; sex; date of
848birth; height; weight; hair and eye color; address of any
849permanent residence and address of any current temporary
850residence, within the state or out of state, including a rural
851route address and a post office box; if no permanent or
852temporary address, any transient residence within the state;
853address, location or description, and dates of any current or
854known future temporary residence within the state or out of
855state; any electronic mail address and any instant message name
856required to be provided pursuant to paragraph (4)(d); home
857telephone number and any cellular telephone number; date and
858place of any employment; vehicle make, model, color, and license
859tag number; fingerprints; and photograph. A post office box
860shall not be provided in lieu of a physical residential address.
861     2.  If the sexual offender is enrolled, employed, or
862carrying on a vocation at an institution of higher education in
863this state, the sexual offender shall also provide to the
864department the name, address, and county of each institution,
865including each campus attended, and the sexual offender's
866enrollment or employment status.
867     3.  If the sexual offender's place of residence is a motor
868vehicle, trailer, mobile home, or manufactured home, as defined
869in chapter 320, the sexual offender shall also provide the
870vehicle identification number; the license tag number; the
871registration number; and a description, including color scheme,
872of the motor vehicle, trailer, mobile home, or manufactured
873home. If the sexual offender's place of residence is a vessel,
874live-aboard vessel, or houseboat, as defined in chapter 327, the
875sexual offender shall also provide the hull identification
876number; the manufacturer's serial number; the name of the
877vessel, live-aboard vessel, or houseboat; the registration
878number; and a description, including color scheme, of the
879vessel, live-aboard vessel or houseboat.
880     4.  Any sexual offender who fails to report in person as
881required at the sheriff's office, or who fails to respond to any
882address verification correspondence from the department within 3
883weeks of the date of the correspondence or who fails to report
884electronic mail addresses or instant message names, commits a
885felony of the third degree, punishable as provided in s.
886775.082, s. 775.083, or s. 775.084.
887     Section 5.  Section 943.04352, Florida Statutes, is amended
888to read:
889     943.04352  Search of registration information regarding
890sexual predators and sexual offenders required when placement on
891misdemeanor probation.-When the court places a defendant on
892misdemeanor probation pursuant to ss. 948.01 and 948.15, the
893public or private entity providing probation services must
894conduct a search of the probationer's name or other identifying
895information against the registration information regarding
896sexual predators and sexual offenders maintained by the
897Department of Law Enforcement under s. 943.043. The probation
898services provider may conduct the search using the Internet site
899maintained by the Department of Law Enforcement. Also, a
900national search must be conducted through the Dru Sjodin
901National Sex Offender Public Website maintained by the United
902States Department of Justice.
903     Section 6.  Section 943.04354, Florida Statutes, is amended
904to read:
905     943.04354  Removal of the requirement to register as a
906sexual offender or sexual predator in special circumstances.-
907     (1)  For purposes of this section, a person shall be
908considered for removal of the requirement to register as a
909sexual offender or sexual predator only if the person:
910     (a)  Was or will be convicted or adjudicated delinquent of
911a violation of s. 794.011, s. 800.04, s. 827.071, or s.
912847.0135(5) or the person committed a violation of s. 794.011,
913s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
914of guilt was or will be withheld, and the person does not have
915any other conviction, adjudication of delinquency, or withhold
916of adjudication of guilt for a violation of s. 794.011, s.
917800.04, s. 827.071, or s. 847.0135(5);
918     (b)  Is required to register as a sexual offender or sexual
919predator solely on the basis of this violation; and
920     (c)  Is not more than 4 years older than the victim of this
921violation who was 14 years of age or older but not more than 17
922years of age at the time the person committed this violation.
923     (2)  If a person meets the criteria in subsection (1) and
924the violation of s. 794.011, s. 800.04, s. 827.071, or s.
925847.0135(5) was committed on or after July 1, 2007, the person
926may move the court that will sentence or dispose of this
927violation to remove the requirement that the person register as
928a sexual offender or sexual predator. The person must allege in
929the motion that he or she meets the criteria in subsection (1)
930and that removal of the registration requirement will not
931conflict with federal law. The state attorney must be given
932notice of the motion at least 21 days before the date of
933sentencing or disposition of this violation and may present
934evidence in opposition to the requested relief or may otherwise
935demonstrate why the motion should be denied. At sentencing or
936disposition of this violation, the court shall rule on this
937motion and, if the court determines the person meets the
938criteria in subsection (1) and the removal of the registration
939requirement will not conflict with federal law, it may grant the
940motion and order the removal of the registration requirement. If
941the court denies the motion, the person is not authorized under
942this section to petition for removal of the registration
943requirement.
944     (3)(a)  This subsection applies to a person who:
945     1.  Is not a person described in subsection (2) because the
946violation of s. 794.011, or s. 800.04, or s. 827.071 was not
947committed on or after July 1, 2007;
948     2.  Is subject to registration as a sexual offender or
949sexual predator for a violation of s. 794.011, or s. 800.04, or
950s. 827.071; and
951     3.  Meets the criteria in subsection (1).
952     (b)  A person may petition the court in which the sentence
953or disposition for the violation of s. 794.011, or s. 800.04, or
954s. 827.071 occurred for removal of the requirement to register
955as a sexual offender or sexual predator. The person must allege
956in the petition that he or she meets the criteria in subsection
957(1) and removal of the registration requirement will not
958conflict with federal law. The state attorney must be given
959notice of the petition at least 21 days before the hearing on
960the petition and may present evidence in opposition to the
961requested relief or may otherwise demonstrate why the petition
962should be denied. The court shall rule on the petition and, if
963the court determines the person meets the criteria in subsection
964(1) and removal of the registration requirement will not
965conflict with federal law, it may grant the petition and order
966the removal of the registration requirement. If the court denies
967the petition, the person is not authorized under this section to
968file any further petition for removal of the registration
969requirement.
970     (4)  If a person provides to the Department of Law
971Enforcement a certified copy of the court's order removing the
972requirement that the person register as a sexual offender or
973sexual predator for the violation of s. 794.011, s. 800.04, s.
974827.071, or s. 847.0135(5), the registration requirement will
975not apply to the person and the department shall remove all
976information about the person from the public registry of sexual
977offenders and sexual predators maintained by the department.
978However, the removal of this information from the public
979registry does not mean that the public is denied access to
980information about the person's criminal history or record that
981is otherwise available as a public record.
982     Section 7.  Paragraph (a) of subsection (3) of section
983944.606, Florida Statutes, is amended to read:
984     944.606  Sexual offenders; notification upon release.-
985     (3)(a)  The department must provide information regarding
986any sexual offender who is being released after serving a period
987of incarceration for any offense, as follows:
988     1.  The department must provide: the sexual offender's
989name, any change in the offender's name by reason of marriage or
990other legal process, and any alias, if known; the correctional
991facility from which the sexual offender is released; the sexual
992offender's social security number, race, sex, date of birth,
993height, weight, and hair and eye color; address of any planned
994permanent residence or temporary residence, within the state or
995out of state, including a rural route address and a post office
996box; if no permanent or temporary address, any transient
997residence within the state; address, location or description,
998and dates of any known future temporary residence within the
999state or out of state; date and county of sentence and each
1000crime for which the offender was sentenced; a copy of the
1001offender's fingerprints and a digitized photograph taken within
100260 days before release; the date of release of the sexual
1003offender; any electronic mail address and any instant message
1004name required to be provided pursuant to s. 943.0435(4)(d); and
1005home telephone number and any cellular telephone number; and the
1006offender's intended residence address, if known. The department
1007shall notify the Department of Law Enforcement if the sexual
1008offender escapes, absconds, or dies. If the sexual offender is
1009in the custody of a private correctional facility, the facility
1010shall take the digitized photograph of the sexual offender
1011within 60 days before the sexual offender's release and provide
1012this photograph to the Department of Corrections and also place
1013it in the sexual offender's file. If the sexual offender is in
1014the custody of a local jail, the custodian of the local jail
1015shall register the offender within 3 business days after intake
1016of the offender for any reason and upon release, and shall
1017notify the Department of Law Enforcement of the sexual
1018offender's release and provide to the Department of Law
1019Enforcement the information specified in this paragraph and any
1020information specified in subparagraph 2. that the Department of
1021Law Enforcement requests.
1022     2.  The department may provide any other information deemed
1023necessary, including criminal and corrections records,
1024nonprivileged personnel and treatment records, when available.
1025     Section 8.  Subsections (4) and (6) and paragraph (c) of
1026subsection (13) of section 944.607, Florida Statutes, are
1027amended to read:
1028     944.607  Notification to Department of Law Enforcement of
1029information on sexual offenders.-
1030     (4)  A sexual offender, as described in this section, who
1031is under the supervision of the Department of Corrections but is
1032not incarcerated must register with the Department of
1033Corrections within 3 business days after sentencing for a
1034registrable registerable offense and otherwise provide
1035information as required by this subsection.
1036     (a)  The sexual offender shall provide his or her name;
1037date of birth; social security number; race; sex; height;
1038weight; hair and eye color; tattoos or other identifying marks;
1039any electronic mail address and any instant message name
1040required to be provided pursuant to s. 943.0435(4)(d); and
1041permanent or legal residence and address of temporary residence
1042within the state or out of state while the sexual offender is
1043under supervision in this state, including any rural route
1044address or post office box; if no permanent or temporary
1045address, any transient residence within the state; and address,
1046location or description, and dates of any current or known
1047future temporary residence within the state or out of state. The
1048Department of Corrections shall verify the address of each
1049sexual offender in the manner described in ss. 775.21 and
1050943.0435. The department shall report to the Department of Law
1051Enforcement any failure by a sexual predator or sexual offender
1052to comply with registration requirements.
1053     (b)  If the sexual offender is enrolled, employed, or
1054carrying on a vocation at an institution of higher education in
1055this state, the sexual offender shall provide the name, address,
1056and county of each institution, including each campus attended,
1057and the sexual offender's enrollment or employment status. Each
1058change in enrollment or employment status shall be reported to
1059the department within 48 hours after the change in status. The
1060Department of Corrections shall promptly notify each institution
1061of the sexual offender's presence and any change in the sexual
1062offender's enrollment or employment status.
1063     (6)  The information provided to the Department of Law
1064Enforcement must include:
1065     (a)  The information obtained from the sexual offender
1066under subsection (4);
1067     (b)  The sexual offender's most current address, and place
1068of permanent, and temporary, or transient residence within the
1069state or out of state, and address, location or description, and
1070dates of any current or known future temporary residence within
1071the state or out of state, while the sexual offender is under
1072supervision in this state, including the name of the county or
1073municipality in which the offender permanently or temporarily
1074resides, or has a transient residence, and address, location or
1075description, and dates of any current or known future temporary
1076residence within the state or out of state, and, if known, the
1077intended place of permanent, or temporary, or transient
1078residence, and address, location or description, and dates of
1079any current or known future temporary residence within the state
1080or out of state upon satisfaction of all sanctions;
1081     (c)  The legal status of the sexual offender and the
1082scheduled termination date of that legal status;
1083     (d)  The location of, and local telephone number for, any
1084Department of Corrections' office that is responsible for
1085supervising the sexual offender;
1086     (e)  An indication of whether the victim of the offense
1087that resulted in the offender's status as a sexual offender was
1088a minor;
1089     (f)  The offense or offenses at conviction which resulted
1090in the determination of the offender's status as a sex offender;
1091and
1092     (g)  A digitized photograph of the sexual offender which
1093must have been taken within 60 days before the offender is
1094released from the custody of the department or a private
1095correctional facility by expiration of sentence under s. 944.275
1096or must have been taken by January 1, 1998, or within 60 days
1097after the onset of the department's supervision of any sexual
1098offender who is on probation, community control, conditional
1099release, parole, provisional release, or control release or who
1100is supervised by the department under the Interstate Compact
1101Agreement for Probationers and Parolees. If the sexual offender
1102is in the custody of a private correctional facility, the
1103facility shall take a digitized photograph of the sexual
1104offender within the time period provided in this paragraph and
1105shall provide the photograph to the department.
1106
1107If any information provided by the department changes during the
1108time the sexual offender is under the department's control,
1109custody, or supervision, including any change in the offender's
1110name by reason of marriage or other legal process, the
1111department shall, in a timely manner, update the information and
1112provide it to the Department of Law Enforcement in the manner
1113prescribed in subsection (2).
1114     (13)
1115     (c)  The sheriff's office may determine the appropriate
1116times and days for reporting by the sexual offender, which shall
1117be consistent with the reporting requirements of this
1118subsection. Reregistration shall include any changes to the
1119following information:
1120     1.  Name; social security number; age; race; sex; date of
1121birth; height; weight; hair and eye color; address of any
1122permanent residence and address of any current temporary
1123residence, within the state or out of state, including a rural
1124route address and a post office box; if no permanent or
1125temporary address, any transient residence; address, location or
1126description, and dates of any current or known future temporary
1127residence within the state or out of state; any electronic mail
1128address and any instant message name required to be provided
1129pursuant to s. 943.0435(4)(d); date and place of any employment;
1130vehicle make, model, color, and license tag number;
1131fingerprints; and photograph. A post office box shall not be
1132provided in lieu of a physical residential address.
1133     2.  If the sexual offender is enrolled, employed, or
1134carrying on a vocation at an institution of higher education in
1135this state, the sexual offender shall also provide to the
1136department the name, address, and county of each institution,
1137including each campus attended, and the sexual offender's
1138enrollment or employment status.
1139     3.  If the sexual offender's place of residence is a motor
1140vehicle, trailer, mobile home, or manufactured home, as defined
1141in chapter 320, the sexual offender shall also provide the
1142vehicle identification number; the license tag number; the
1143registration number; and a description, including color scheme,
1144of the motor vehicle, trailer, mobile home, or manufactured
1145home. If the sexual offender's place of residence is a vessel,
1146live-aboard vessel, or houseboat, as defined in chapter 327, the
1147sexual offender shall also provide the hull identification
1148number; the manufacturer's serial number; the name of the
1149vessel, live-aboard vessel, or houseboat; the registration
1150number; and a description, including color scheme, of the
1151vessel, live-aboard vessel or houseboat.
1152     4.  Any sexual offender who fails to report in person as
1153required at the sheriff's office, or who fails to respond to any
1154address verification correspondence from the department within 3
1155weeks of the date of the correspondence, or who fails to report
1156electronic mail addresses or instant message names, commits a
1157felony of the third degree, punishable as provided in s.
1158775.082, s. 775.083, or s. 775.084.
1159     Section 9.  Section 947.005, Florida Statutes, is amended
1160to read:
1161     947.005  Definitions.-As used in this chapter, unless the
1162context clearly indicates otherwise:
1163     (1)(8)  "Authority" means the Control Release Authority.
1164     (2)  "Child care facility" has the same meaning as provided
1165in s. 402.302.
1166     (3)(1)  "Commission" means the Parole Commission.
1167     (4)(2)  "Department" means the Department of Corrections.
1168     (5)  "Effective parole release date" means the actual
1169parole release date as determined by the presumptive parole
1170release date, satisfactory institutional conduct, and an
1171acceptable parole plan.
1172     (6)  "Park" has the same meaning as provided in s. 775.215.
1173     (7)  "Playground" has the same meaning as provided in s.
1174775.215.
1175     (8)(4)  "Presumptive parole release date" means the
1176tentative parole release date as determined by objective parole
1177guidelines.
1178     (9)(7)  "Provisional release date" means the date projected
1179for the prisoner's release from custody as determined pursuant
1180to s. 944.277.
1181     (10)(9)  "Qualified practitioner" means a social worker,
1182mental health counselor, or a marriage and family therapist
1183licensed under chapter 491 who, as determined by rule of the
1184respective board, has the coursework, training, qualifications,
1185and experience to evaluate and treat sexual offenders; a
1186psychiatrist licensed under chapter 458 or chapter 459; or, a
1187psychologist licensed under chapter 490, or a social worker, a
1188mental health counselor, or a marriage and family therapist
1189licensed under chapter 491 who practices in accordance with his
1190or her respective practice act.
1191     (11)(10)  "Risk assessment" means an assessment completed
1192by an independent qualified practitioner to evaluate the level
1193of risk associated when a sex offender has contact with a child.
1194     (12)(11)  "Safety plan" means a written document prepared
1195by the qualified practitioner, in collaboration with the sex
1196offender, the child's parent or legal guardian, and, when
1197appropriate, the child, which establishes clear roles and
1198responsibilities for each individual involved in any contact
1199between the child and the sex offender.
1200     (13)  "School" has the same meaning as provided in s.
1201775.215.
1202     (14)(3)  "Secretary" means the Secretary of Corrections.
1203     (15)(6)  "Tentative release date" means the date projected
1204for the prisoner's release from custody by virtue of gain-time
1205granted or forfeited pursuant to s. 944.275(3)(a).
1206     Section 10.  Subsection (7) of section 947.1405, Florida
1207Statutes, is amended, and subsection (12) is added to that
1208section, to read:
1209     947.1405  Conditional release program.-
1210     (7)(a)  Any inmate who is convicted of a crime committed on
1211or after October 1, 1995, or who has been previously convicted
1212of a crime committed on or after October 1, 1995, in violation
1213of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
1214847.0145, and is subject to conditional release supervision,
1215shall have, in addition to any other conditions imposed, the
1216following special conditions imposed by the commission:
1217     1.  A mandatory curfew from 10 p.m. to 6 a.m. The
1218commission may designate another 8-hour period if the offender's
1219employment precludes the above specified time, and such
1220alternative is recommended by the Department of Corrections. If
1221the commission determines that imposing a curfew would endanger
1222the victim, the commission may consider alternative sanctions.
1223     2.  If the victim was under the age of 18, a prohibition on
1224living within 1,000 feet of a school, child care facility day
1225care center, park, playground, designated public school bus
1226stop, or other place where children regularly congregate. A
1227releasee who is subject to this subparagraph may not relocate to
1228a residence that is within 1,000 feet of a public school bus
1229stop. Beginning October 1, 2004, the commission or the
1230department may not approve a residence that is located within
12311,000 feet of a school, child care facility day care center,
1232park, playground, designated school bus stop, or other place
1233where children regularly congregate for any releasee who is
1234subject to this subparagraph. On October 1, 2004, the department
1235shall notify each affected school district of the location of
1236the residence of a releasee 30 days prior to release and
1237thereafter, if the releasee relocates to a new residence, shall
1238notify any affected school district of the residence of the
1239releasee within 30 days after relocation. If, on October 1,
12402004, any public school bus stop is located within 1,000 feet of
1241the existing residence of such releasee, the district school
1242board shall relocate that school bus stop. Beginning October 1,
12432004, a district school board may not establish or relocate a
1244public school bus stop within 1,000 feet of the residence of a
1245releasee who is subject to this subparagraph. The failure of the
1246district school board to comply with this subparagraph shall not
1247result in a violation of conditional release supervision. A
1248releasee who is subject to this subparagraph may not be forced
1249to relocate and does not violate his or her conditional release
1250supervision if he or she is living in a residence that meets the
1251requirements of this subparagraph and a school, child care
1252facility, park, playground, designated public school bus stop,
1253or other place where children regularly congregate is
1254subsequently established within 1,000 feet of his or her
1255residence.
1256     3.  Active participation in and successful completion of a
1257sex offender treatment program with qualified practitioners
1258specifically trained to treat sex offenders, at the releasee's
1259own expense. If a qualified practitioner is not available within
1260a 50-mile radius of the releasee's residence, the offender shall
1261participate in other appropriate therapy.
1262     4.  A prohibition on any contact with the victim, directly
1263or indirectly, including through a third person, unless approved
1264by the victim, a qualified practitioner in the sexual offender
1265treatment program the offender's therapist, and the sentencing
1266court.
1267     5.  If the victim was under the age of 18, a prohibition
1268against contact with children under the age of 18 without review
1269and approval by the commission. The commission may approve
1270supervised contact with a child under the age of 18 if the
1271approval is based upon a recommendation for contact issued by a
1272qualified practitioner who is basing the recommendation on a
1273risk assessment. Further, the sex offender must be currently
1274enrolled in or have successfully completed a sex offender
1275therapy program. The commission may not grant supervised contact
1276with a child if the contact is not recommended by a qualified
1277practitioner and may deny supervised contact with a child at any
1278time. When considering whether to approve supervised contact
1279with a child, the commission must review and consider the
1280following:
1281     a.  A risk assessment completed by a qualified
1282practitioner. The qualified practitioner must prepare a written
1283report that must include the findings of the assessment and
1284address each of the following components:
1285     (I)  The sex offender's current legal status;
1286     (II)  The sex offender's history of adult charges with
1287apparent sexual motivation;
1288     (III)  The sex offender's history of adult charges without
1289apparent sexual motivation;
1290     (IV)  The sex offender's history of juvenile charges,
1291whenever available;
1292     (V)  The sex offender's offender treatment history,
1293including a consultation from the sex offender's treating, or
1294most recent treating, therapist;
1295     (VI)  The sex offender's current mental status;
1296     (VII)  The sex offender's mental health and substance abuse
1297history as provided by the Department of Corrections;
1298     (VIII)  The sex offender's personal, social, educational,
1299and work history;
1300     (IX)  The results of current psychological testing of the
1301sex offender if determined necessary by the qualified
1302practitioner;
1303     (X)  A description of the proposed contact, including the
1304location, frequency, duration, and supervisory arrangement;
1305     (XI)  The child's preference and relative comfort level
1306with the proposed contact, when age-appropriate;
1307     (XII)  The parent's or legal guardian's preference
1308regarding the proposed contact; and
1309     (XIII)  The qualified practitioner's opinion, along with
1310the basis for that opinion, as to whether the proposed contact
1311would likely pose significant risk of emotional or physical harm
1312to the child.
1313
1314The written report of the assessment must be given to the
1315commission.
1316     b.  A recommendation made as a part of the risk-assessment
1317report as to whether supervised contact with the child should be
1318approved;
1319     c.  A written consent signed by the child's parent or legal
1320guardian, if the parent or legal guardian is not the sex
1321offender, agreeing to the sex offender having supervised contact
1322with the child after receiving full disclosure of the sex
1323offender's present legal status, past criminal history, and the
1324results of the risk assessment. The commission may not approve
1325contact with the child if the parent or legal guardian refuses
1326to give written consent for supervised contact;
1327     d.  A safety plan prepared by the qualified practitioner,
1328who provides treatment to the offender, in collaboration with
1329the sex offender, the child's parent or legal guardian, and the
1330child, when age appropriate, which details the acceptable
1331conditions of contact between the sex offender and the child.
1332The safety plan must be reviewed and approved by the Department
1333of Corrections before being submitted to the commission; and
1334     e.  Evidence that the child's parent or legal guardian, if
1335the parent or legal guardian is not the sex offender,
1336understands the need for and agrees to the safety plan and has
1337agreed to provide, or to designate another adult to provide,
1338constant supervision any time the child is in contact with the
1339offender.
1340
1341The commission may not appoint a person to conduct a risk
1342assessment and may not accept a risk assessment from a person
1343who has not demonstrated to the commission that he or she has
1344met the requirements of a qualified practitioner as defined in
1345this section.
1346     6.  If the victim was under age 18, a prohibition on
1347working for pay or as a volunteer at any school, child care
1348facility day care center, park, playground, or other place where
1349children regularly congregate, as prescribed by the commission.
1350     7.  Unless otherwise indicated in the treatment plan
1351provided by a qualified practitioner in the sexual offender
1352treatment program, a prohibition on viewing, owning, or
1353possessing any obscene, pornographic, or sexually stimulating
1354visual or auditory material, including telephone, electronic
1355media, computer programs, or computer services that are relevant
1356to the offender's deviant behavior pattern.
1357     8.  Effective for a releasee whose crime is committed on or
1358after July 1, 2005, a prohibition on accessing the Internet or
1359other computer services until a qualified practitioner in the
1360offender's sex offender treatment program, after a risk
1361assessment is completed, approves and implements a safety plan
1362for the offender's accessing or using the Internet or other
1363computer services.
1364     9.  A requirement that the releasee must submit two
1365specimens of blood to the Florida Department of Law Enforcement
1366to be registered with the DNA database.
1367     10.  A requirement that the releasee make restitution to
1368the victim, as determined by the sentencing court or the
1369commission, for all necessary medical and related professional
1370services relating to physical, psychiatric, and psychological
1371care.
1372     11.  Submission to a warrantless search by the community
1373control or probation officer of the probationer's or community
1374controllee's person, residence, or vehicle.
1375     (b)  For a releasee whose crime was committed on or after
1376October 1, 1997, in violation of chapter 794, s. 800.04, s.
1377827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
1378conditional release supervision, in addition to any other
1379provision of this subsection, the commission shall impose the
1380following additional conditions of conditional release
1381supervision:
1382     1.  As part of a treatment program, participation in a
1383minimum of one annual polygraph examination to obtain
1384information necessary for risk management and treatment and to
1385reduce the sex offender's denial mechanisms. The polygraph
1386examination must be conducted by a polygrapher who is a member
1387of a national or state polygraph association and who is
1388certified as a postconviction sex offender polygrapher trained
1389specifically in the use of the polygraph for the monitoring of
1390sex offenders, where available, and at the expense of the
1391releasee sex offender. The results of the examination shall be
1392provided to the releasee's probation officer and qualified
1393practitioner and may not be used as evidence in a hearing to
1394prove that a violation of supervision has occurred.
1395     2.  Maintenance of a driving log and a prohibition against
1396driving a motor vehicle alone without the prior approval of the
1397supervising officer.
1398     3.  A prohibition against obtaining or using a post office
1399box without the prior approval of the supervising officer.
1400     4.  If there was sexual contact, a submission to, at the
1401releasee's probationer's or community controllee's expense, an
1402HIV test with the results to be released to the victim or the
1403victim's parent or guardian.
1404     5.  Electronic monitoring of any form when ordered by the
1405commission. Any person who has been placed under supervision and
1406is electronically monitored by the department must pay the
1407department for the cost of the electronic monitoring service at
1408a rate that may not exceed the full cost of the monitoring
1409service. Funds collected under this subparagraph shall be
1410deposited into the General Revenue Fund. The department may
1411exempt a person from the payment of all or any part of the
1412electronic monitoring service cost if the department finds that
1413any of the factors listed in s. 948.09(3) exist.
1414     (12)  In addition to all other conditions imposed, for a
1415releasee who is subject to conditional release for a crime that
1416was committed on or after the effective date of this act, and
1417who has been convicted at any time of committing, or attempting,
1418soliciting, or conspiring to commit, any of the criminal
1419offenses listed in s. 943.0435(1)(a)1.a.(I), or a similar
1420offense in another jurisdiction against a victim who was under
142118 years of age at the time of the offense, if the releasee has
1422not received a pardon for any felony or similar law of another
1423jurisdiction necessary for the operation of this subsection, if
1424a conviction of a felony or similar law of another jurisdiction
1425necessary for the operation of this subsection has not been set
1426aside in any postconviction proceeding, or if the releasee has
1427not been removed from the requirement to register as a sexual
1428offender or sexual predator pursuant to s. 943.04354, the
1429commission must impose the following conditions:
1430     (a)  A prohibition on visiting schools, child care
1431facilities, parks, and playgrounds without prior approval from
1432the releasee's supervising officer. The commission may also
1433designate additional prohibited locations to protect a victim.
1434The prohibition ordered under this paragraph does not prohibit
1435the releasee from visiting a school, child care facility, park,
1436or playground for the sole purpose of attending a religious
1437service as defined in s. 775.0861 or picking up or dropping off
1438the releasee's child or grandchild at a child care facility or
1439school.
1440     (b)  A prohibition on distributing candy or other items to
1441children on Halloween; wearing a Santa Claus costume, or other
1442costume to appeal to children, on or preceding Christmas;
1443wearing an Easter Bunny costume, or other costume to appeal to
1444children, on or preceding Easter; entertaining at children's
1445parties; or wearing a clown costume without prior approval from
1446the commission.
1447     Section 11.  Section 948.001, Florida Statutes, is amended
1448to read:
1449     948.001  Definitions.-As used in this chapter, the term:
1450     (1)  "Administrative probation" means a form of noncontact
1451supervision in which an offender who presents a low risk of harm
1452to the community may, upon satisfactory completion of half the
1453term of probation, be transferred by the Department of
1454Corrections to nonreporting status until expiration of the term
1455of supervision.
1456     (2)  "Child care facility" has the same meaning as provided
1457in s. 402.302.
1458     (3)(2)  "Community control" means a form of intensive,
1459supervised custody in the community, including surveillance on
1460weekends and holidays, administered by officers with restricted
1461caseloads. Community control is an individualized program in
1462which the freedom of an offender is restricted within the
1463community, home, or noninstitutional residential placement and
1464specific sanctions are imposed and enforced.
1465     (4)(9)  "Community residential drug punishment center"
1466means a residential drug punishment center designated by the
1467Department of Corrections. The Department of Corrections shall
1468adopt rules as necessary to define and operate such a center.
1469     (5)(3)  "Criminal quarantine community control" means
1470intensive supervision, by officers with restricted caseloads,
1471with a condition of 24-hour-per-day electronic monitoring, and a
1472condition of confinement to a designated residence during
1473designated hours.
1474     (6)(4)  "Drug offender probation" means a form of intensive
1475supervision that which emphasizes treatment of drug offenders in
1476accordance with individualized treatment plans administered by
1477officers with restricted caseloads. Caseloads should be
1478restricted to a maximum of 50 cases per officer in order to
1479ensure an adequate level of staffing.
1480     (7)  "Park" has the same meaning as provided in s. 775.215.
1481     (8)  "Playground" has the same meaning as provided in s.
1482775.215.
1483     (9)(5)  "Probation" means a form of community supervision
1484requiring specified contacts with parole and probation officers
1485and other terms and conditions as provided in s. 948.03.
1486     (10)(6)  "Qualified practitioner" means a social worker,
1487mental health counselor, or a marriage and family therapist
1488licensed under chapter 491 who, as determined by rule of the
1489respective board, has the coursework, training, qualifications,
1490and experience to evaluate and treat sexual offenders; a
1491psychiatrist licensed under chapter 458 or chapter 459; or, a
1492psychologist licensed under chapter 490, or a social worker, a
1493mental health counselor, or a marriage and family therapist
1494licensed under chapter 491 who practices in accordance with his
1495or her respective practice act.
1496     (11)(7)  "Risk assessment" means an assessment completed by
1497a an independent qualified practitioner to evaluate the level of
1498risk associated when a sex offender has contact with a child.
1499     (12)(8)  "Safety plan" means a written document prepared by
1500the qualified practitioner, in collaboration with the sex
1501offender, the child's parent or legal guardian, and, when
1502appropriate, the child which establishes clear roles and
1503responsibilities for each individual involved in any contact
1504between the child and the sex offender.
1505     (13)  "School" has the same meaning as provided in s.
1506775.215.
1507     (14)(10)  "Sex offender probation" or "sex offender
1508community control" means a form of intensive supervision, with
1509or without electronic monitoring, which emphasizes treatment and
1510supervision of a sex offender in accordance with an
1511individualized treatment plan administered by an officer who has
1512a restricted caseload and specialized training. An officer who
1513supervises an offender placed on sex offender probation or sex
1514offender community control must meet as necessary with a
1515treatment provider and polygraph examiner to develop and
1516implement the supervision and treatment plan, if a treatment
1517provider and polygraph examiner specially trained in the
1518treatment and monitoring of sex offenders are reasonably
1519available.
1520     Section 12.  Subsection (1) and paragraph (a) of subsection
1521(2) of section 948.30, Florida Statutes, are amended, and
1522subsection (4) is added to that section, to read:
1523     948.30  Additional terms and conditions of probation or
1524community control for certain sex offenses.-Conditions imposed
1525pursuant to this section do not require oral pronouncement at
1526the time of sentencing and shall be considered standard
1527conditions of probation or community control for offenders
1528specified in this section.
1529     (1)  Effective for probationers or community controllees
1530whose crime was committed on or after October 1, 1995, and who
1531are placed under supervision for violation of chapter 794, s.
1532800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court
1533must impose the following conditions in addition to all other
1534standard and special conditions imposed:
1535     (a)  A mandatory curfew from 10 p.m. to 6 a.m. The court
1536may designate another 8-hour period if the offender's employment
1537precludes the above specified time, and the alternative is
1538recommended by the Department of Corrections. If the court
1539determines that imposing a curfew would endanger the victim, the
1540court may consider alternative sanctions.
1541     (b)  If the victim was under the age of 18, a prohibition
1542on living within 1,000 feet of a school, child care facility day
1543care center, park, playground, or other place where children
1544regularly congregate, as prescribed by the court. The 1,000-foot
1545distance shall be measured in a straight line from the
1546offender's place of residence to the nearest boundary line of
1547the school, child care facility day care center, park,
1548playground, or other place where children congregate. The
1549distance may not be measured by a pedestrian route or automobile
1550route. A probationer or community controllee who is subject to
1551this paragraph may not be forced to relocate and does not
1552violate his or her probation or community control if he or she
1553is living in a residence that meets the requirements of this
1554paragraph and a school, child care facility, park, playground,
1555or other place where children regularly congregate is
1556subsequently established within 1,000 feet of his or her
1557residence.
1558     (c)  Active participation in and successful completion of a
1559sex offender treatment program with qualified practitioners
1560specifically trained to treat sex offenders, at the
1561probationer's or community controllee's own expense. If a
1562qualified practitioner is not available within a 50-mile radius
1563of the probationer's or community controllee's residence, the
1564offender shall participate in other appropriate therapy.
1565     (d)  A prohibition on any contact with the victim, directly
1566or indirectly, including through a third person, unless approved
1567by the victim, a qualified practitioner in the sexual offender
1568treatment program the offender's therapist, and the sentencing
1569court.
1570     (e)  If the victim was under the age of 18, a prohibition
1571on contact with a child under the age of 18 except as provided
1572in this paragraph. The court may approve supervised contact with
1573a child under the age of 18 if the approval is based upon a
1574recommendation for contact issued by a qualified practitioner
1575who is basing the recommendation on a risk assessment. Further,
1576the sex offender must be currently enrolled in or have
1577successfully completed a sex offender therapy program. The court
1578may not grant supervised contact with a child if the contact is
1579not recommended by a qualified practitioner and may deny
1580supervised contact with a child at any time. When considering
1581whether to approve supervised contact with a child, the court
1582must review and consider the following:
1583     1.  A risk assessment completed by a qualified
1584practitioner. The qualified practitioner must prepare a written
1585report that must include the findings of the assessment and
1586address each of the following components:
1587     a.  The sex offender's current legal status;
1588     b.  The sex offender's history of adult charges with
1589apparent sexual motivation;
1590     c.  The sex offender's history of adult charges without
1591apparent sexual motivation;
1592     d.  The sex offender's history of juvenile charges,
1593whenever available;
1594     e.  The sex offender's offender treatment history,
1595including consultations with the sex offender's treating, or
1596most recent treating, therapist;
1597     f.  The sex offender's current mental status;
1598     g.  The sex offender's mental health and substance abuse
1599treatment history as provided by the Department of Corrections;
1600     h.  The sex offender's personal, social, educational, and
1601work history;
1602     i.  The results of current psychological testing of the sex
1603offender if determined necessary by the qualified practitioner;
1604     j.  A description of the proposed contact, including the
1605location, frequency, duration, and supervisory arrangement;
1606     k.  The child's preference and relative comfort level with
1607the proposed contact, when age appropriate;
1608     l.  The parent's or legal guardian's preference regarding
1609the proposed contact; and
1610     m.  The qualified practitioner's opinion, along with the
1611basis for that opinion, as to whether the proposed contact would
1612likely pose significant risk of emotional or physical harm to
1613the child.
1614
1615The written report of the assessment must be given to the court;
1616     2.  A recommendation made as a part of the risk assessment
1617report as to whether supervised contact with the child should be
1618approved;
1619     3.  A written consent signed by the child's parent or legal
1620guardian, if the parent or legal guardian is not the sex
1621offender, agreeing to the sex offender having supervised contact
1622with the child after receiving full disclosure of the sex
1623offender's present legal status, past criminal history, and the
1624results of the risk assessment. The court may not approve
1625contact with the child if the parent or legal guardian refuses
1626to give written consent for supervised contact;
1627     4.  A safety plan prepared by the qualified practitioner,
1628who provides treatment to the offender, in collaboration with
1629the sex offender, the child's parent or legal guardian, if the
1630parent or legal guardian is not the sex offender, and the child,
1631when age appropriate, which details the acceptable conditions of
1632contact between the sex offender and the child. The safety plan
1633must be reviewed and approved by the court; and
1634     5.  Evidence that the child's parent or legal guardian
1635understands the need for and agrees to the safety plan and has
1636agreed to provide, or to designate another adult to provide,
1637constant supervision any time the child is in contact with the
1638offender.
1639
1640The court may not appoint a person to conduct a risk assessment
1641and may not accept a risk assessment from a person who has not
1642demonstrated to the court that he or she has met the
1643requirements of a qualified practitioner as defined in this
1644section.
1645     (f)  If the victim was under age 18, a prohibition on
1646working for pay or as a volunteer at any place where children
1647regularly congregate, including, but not limited to, schools,
1648child care facilities day care centers, parks, playgrounds, pet
1649stores, libraries, zoos, theme parks, and malls.
1650     (g)  Unless otherwise indicated in the treatment plan
1651provided by a qualified practitioner in the sexual offender
1652treatment program, a prohibition on viewing, accessing, owning,
1653or possessing any obscene, pornographic, or sexually stimulating
1654visual or auditory material, including telephone, electronic
1655media, computer programs, or computer services that are relevant
1656to the offender's deviant behavior pattern.
1657     (h)  Effective for probationers and community controllees
1658whose crime is committed on or after July 1, 2005, a prohibition
1659on accessing the Internet or other computer services until a
1660qualified practitioner in the offender's sex offender treatment
1661program, after a risk assessment is completed, approves and
1662implements a safety plan for the offender's accessing or using
1663the Internet or other computer services.
1664     (i)  A requirement that the probationer or community
1665controllee must submit a specimen of blood or other approved
1666biological specimen to the Department of Law Enforcement to be
1667registered with the DNA data bank.
1668     (j)  A requirement that the probationer or community
1669controllee make restitution to the victim, as ordered by the
1670court under s. 775.089, for all necessary medical and related
1671professional services relating to physical, psychiatric, and
1672psychological care.
1673     (k)  Submission to a warrantless search by the community
1674control or probation officer of the probationer's or community
1675controllee's person, residence, or vehicle.
1676     (2)  Effective for a probationer or community controllee
1677whose crime was committed on or after October 1, 1997, and who
1678is placed on community control or sex offender probation for a
1679violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1680or s. 847.0145, in addition to any other provision of this
1681section, the court must impose the following conditions of
1682probation or community control:
1683     (a)  As part of a treatment program, participation at least
1684annually in polygraph examinations to obtain information
1685necessary for risk management and treatment and to reduce the
1686sex offender's denial mechanisms. A polygraph examination must
1687be conducted by a polygrapher who is a member of a national or
1688state polygraph association and who is certified as a
1689postconviction sex offender polygrapher trained specifically in
1690the use of the polygraph for the monitoring of sex offenders,
1691where available, and shall be paid for by the probationer or
1692community controllee sex offender. The results of the polygraph
1693examination shall be provided to the probationer's or community
1694controllee's probation officer and qualified practitioner and
1695shall not be used as evidence in court to prove that a violation
1696of community supervision has occurred.
1697     (4)  In addition to all other conditions imposed, for a
1698probationer or community controllee who is subject to
1699supervision for a crime that was committed on or after the
1700effective date of this act, and who has been convicted at any
1701time of committing, or attempting, soliciting, or conspiring to
1702commit, any of the criminal offenses listed in s.
1703943.0435(1)(a)1.a.(I), or a similar offense in another
1704jurisdiction, against a victim who was under the age of 18 at
1705the time of the offense; if the offender has not received a
1706pardon for any felony or similar law of another jurisdiction
1707necessary for the operation of this subsection, if a conviction
1708of a felony or similar law of another jurisdiction necessary for
1709the operation of this subsection has not been set aside in any
1710postconviction proceeding, or if the offender has not been
1711removed from the requirement to register as a sexual offender or
1712sexual predator pursuant to s. 943.04354, the court must impose
1713the following conditions:
1714     (a)  A prohibition on visiting schools, child care
1715facilities, parks, and playgrounds, without prior approval from
1716the offender's supervising officer. The court may also designate
1717additional locations to protect a victim. The prohibition
1718ordered under this paragraph does not prohibit the offender from
1719visiting a school, child care facility, park, or playground for
1720the sole purpose of attending a religious service as defined in
1721s. 775.0861 or picking up or dropping off the offender's
1722children or grandchildren at a child care facility or school.
1723     (b)  A prohibition on distributing candy or other items to
1724children on Halloween; wearing a Santa Claus costume, or other
1725costume to appeal to children, on or preceding Christmas;
1726wearing an Easter Bunny costume, or other costume to appeal to
1727children, on or preceding Easter; entertaining at children's
1728parties; or wearing a clown costume; without prior approval from
1729the court.
1730     Section 13.  Section 948.31, Florida Statutes, is amended
1731to read:
1732     948.31  Diagnosis, Evaluation, and treatment of sexual
1733predators and offenders placed on probation or community control
1734for certain sex offenses or child exploitation.-The court shall
1735require an a diagnosis and evaluation by a qualified
1736practitioner to determine the need of a probationer or community
1737controlee offender in community control for treatment.
1738court determines that a need therefor is established by the such
1739diagnosis and evaluation process, the court shall require sexual
1740offender treatment outpatient counseling as a term or condition
1741of probation or community control for any person who is required
1742to register as a sexual predator under s. 775.21 or sexual
1743offender under s. 943.0435, s. 944.606, or s. 944.607. was found
1744guilty of any of the following, or whose plea of guilty or nolo
1745contendere to any of the following was accepted by the court:
1746     (1)  Lewd or lascivious battery, lewd or lascivious
1747molestation, lewd or lascivious conduct, or lewd or lascivious
1748exhibition, as defined in s. 800.04 or s. 847.0135(5).
1749     (2)  Sexual battery, as defined in chapter 794, against a
1750child.
1751     (3)  Exploitation of a child as provided in s. 450.151, or
1752for prostitution.
1753
1754Such treatment counseling shall be required to be obtained from
1755a qualified practitioner as defined in s. 948.001. Treatment may
1756not be administered by a qualified practitioner who has been
1757convicted or adjudicated delinquent of committing, or
1758attempting, soliciting, or conspiring to commit, any offense
1759that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1760impose a restriction against contact with minors if sexual
1761offender treatment is recommended a community mental health
1762center, a recognized social service agency providing mental
1763health services, or a private mental health professional or
1764through other professional counseling. The evaluation and
1765recommendations plan for treatment of counseling for the
1766probationer or community controlee individual shall be provided
1767to the court for review.
1768     Section 14.  Paragraph (a) of subsection (3) of section
1769985.481, Florida Statutes, is amended to read:
1770     985.481  Sexual offenders adjudicated delinquent;
1771notification upon release.-
1772     (3)(a)  The department must provide information regarding
1773any sexual offender who is being released after serving a period
1774of residential commitment under the department for any offense,
1775as follows:
1776     1.  The department must provide the sexual offender's name,
1777any change in the offender's name by reason of marriage or other
1778legal process, and any alias, if known; the correctional
1779facility from which the sexual offender is released; the sexual
1780offender's social security number, race, sex, date of birth,
1781height, weight, and hair and eye color; address of any planned
1782permanent residence or temporary residence, within the state or
1783out of state, including a rural route address and a post office
1784box; if no permanent or temporary address, any transient
1785residence within the state; address, location or description,
1786and dates of any known future temporary residence within the
1787state or out of state; date and county of disposition and each
1788crime for which there was a disposition; a copy of the
1789offender's fingerprints and a digitized photograph taken within
179060 days before release; the date of release of the sexual
1791offender; and home telephone number and any cellular telephone
1792number; and the offender's intended residence address, if known.
1793The department shall notify the Department of Law Enforcement if
1794the sexual offender escapes, absconds, or dies. If the sexual
1795offender is in the custody of a private correctional facility,
1796the facility shall take the digitized photograph of the sexual
1797offender within 60 days before the sexual offender's release and
1798also place it in the sexual offender's file. If the sexual
1799offender is in the custody of a local jail, the custodian of the
1800local jail shall register the offender within 3 business days
1801after intake of the offender for any reason and upon release,
1802and shall notify the Department of Law Enforcement of the sexual
1803offender's release and provide to the Department of Law
1804Enforcement the information specified in this subparagraph and
1805any information specified in subparagraph 2. which the
1806Department of Law Enforcement requests.
1807     2.  The department may provide any other information
1808considered necessary, including criminal and delinquency
1809records, when available.
1810     Section 15.  Paragraph (a) of subsection (4), paragraph (a)
1811of subsection (6), and paragraph (b) of subsection (13) of
1812section 985.4815, Florida Statutes, are amended to read:
1813     985.4815  Notification to Department of Law Enforcement of
1814information on juvenile sexual offenders.-
1815     (4)  A sexual offender, as described in this section, who
1816is under the supervision of the department but who is not
1817committed must register with the department within 3 business
1818days after adjudication and disposition for a registrable
1819offense and otherwise provide information as required by this
1820subsection.
1821     (a)  The sexual offender shall provide his or her name;
1822date of birth; social security number; race; sex; height;
1823weight; hair and eye color; tattoos or other identifying marks;
1824and permanent or legal residence and address of temporary
1825residence within the state or out of state while the sexual
1826offender is in the care or custody or under the jurisdiction or
1827supervision of the department in this state, including any rural
1828route address or post office box; if no permanent or temporary
1829address, any transient residence; address, location or
1830description, and dates of any current or known future temporary
1831residence within the state or out of state;, and the name and
1832address of each school attended. The department shall verify the
1833address of each sexual offender and shall report to the
1834Department of Law Enforcement any failure by a sexual offender
1835to comply with registration requirements.
1836     (6)(a)  The information provided to the Department of Law
1837Enforcement must include the following:
1838     1.  The information obtained from the sexual offender under
1839subsection (4).
1840     2.  The sexual offender's most current address and place of
1841permanent, or temporary, or transient residence within the state
1842or out of state, and address, location or description, and dates
1843of any current or known future temporary residence within the
1844state or out of state, while the sexual offender is in the care
1845or custody or under the jurisdiction or supervision of the
1846department in this state, including the name of the county or
1847municipality in which the offender permanently or temporarily
1848resides, or has a transient residence, and address, location or
1849description, and dates of any current or known future temporary
1850residence within the state or out of state; and, if known, the
1851intended place of permanent, or temporary, or transient
1852residence, and address, location or description, and dates of
1853any current or known future temporary residence within the state
1854or out of state upon satisfaction of all sanctions.
1855     3.  The legal status of the sexual offender and the
1856scheduled termination date of that legal status.
1857     4.  The location of, and local telephone number for, any
1858department office that is responsible for supervising the sexual
1859offender.
1860     5.  An indication of whether the victim of the offense that
1861resulted in the offender's status as a sexual offender was a
1862minor.
1863     6.  The offense or offenses at adjudication and disposition
1864that resulted in the determination of the offender's status as a
1865sex offender.
1866     7.  A digitized photograph of the sexual offender, which
1867must have been taken within 60 days before the offender was
1868released from the custody of the department or a private
1869correctional facility by expiration of sentence under s.
1870944.275, or within 60 days after the onset of the department's
1871supervision of any sexual offender who is on probation,
1872postcommitment probation, residential commitment, nonresidential
1873commitment, licensed child-caring commitment, community control,
1874conditional release, parole, provisional release, or control
1875release or who is supervised by the department under the
1876Interstate Compact Agreement for Probationers and Parolees. If
1877the sexual offender is in the custody of a private correctional
1878facility, the facility shall take a digitized photograph of the
1879sexual offender within the time period provided in this
1880subparagraph and shall provide the photograph to the department.
1881     (13)
1882     (b)  The sheriff's office may determine the appropriate
1883times and days for reporting by the sexual offender, which shall
1884be consistent with the reporting requirements of this
1885subsection. Reregistration shall include any changes to the
1886following information:
1887     1.  Name; social security number; age; race; sex; date of
1888birth; height; weight; hair and eye color; address of any
1889permanent residence and address of any current temporary
1890residence, within the state or out of state, including a rural
1891route address and a post office box; if no permanent or
1892temporary address, any transient residence; address, location or
1893description, and dates of any current or known future temporary
1894residence within the state or out of state; name and address of
1895each school attended; date and place of any employment; vehicle
1896make, model, color, and license tag number; fingerprints; and
1897photograph. A post office box shall not be provided in lieu of a
1898physical residential address.
1899     2.  If the sexual offender is enrolled, employed, or
1900carrying on a vocation at an institution of higher education in
1901this state, the sexual offender shall also provide to the
1902department the name, address, and county of each institution,
1903including each campus attended, and the sexual offender's
1904enrollment or employment status.
1905     3.  If the sexual offender's place of residence is a motor
1906vehicle, trailer, mobile home, or manufactured home, as defined
1907in chapter 320, the sexual offender shall also provide the
1908vehicle identification number; the license tag number; the
1909registration number; and a description, including color scheme,
1910of the motor vehicle, trailer, mobile home, or manufactured
1911home. If the sexual offender's place of residence is a vessel,
1912live-aboard vessel, or houseboat, as defined in chapter 327, the
1913sexual offender shall also provide the hull identification
1914number; the manufacturer's serial number; the name of the
1915vessel, live-aboard vessel, or houseboat; the registration
1916number; and a description, including color scheme, of the
1917vessel, live-aboard vessel, or houseboat.
1918     4.  Any sexual offender who fails to report in person as
1919required at the sheriff's office, or who fails to respond to any
1920address verification correspondence from the department within 3
1921weeks after the date of the correspondence, commits a felony of
1922the third degree, punishable as provided in ss. 775.082,
1923775.083, and 775.084.
1924     Section 16.  The Legislature intends that nothing in this
1925act reduce or diminish a court's jurisdiction.
1926     Section 17.  If any provision of this act or its
1927application to any person or circumstance is held invalid, the
1928invalidity does not affect other provisions or applications of
1929this act which can be given effect without the invalid provision
1930or application, and to this end the provisions of this act are
1931declared severable.
1932     Section 18.  The Division of Statutory Revision is directed
1933to replace the phrase "the effective date of this act" wherever
1934it occurs in this act with the date this act becomes a law.
1935     Section 19.  This act shall take effect upon becoming a
1936law.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader