Bill Text: FL H0119 | 2010 | Regular Session | Engrossed

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Bill Title: Sexual Offenders and Predators [SPSC]

Spectrum: Moderate Partisan Bill (Republican 23-5)

Status: (Passed) 2010-05-26 - Approved by Governor; Chapter No. 2010-92 [H0119 Detail]

Download: Florida-2010-H0119-Engrossed.html

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CS/CS/HB 119

1	A bill to be entitled
2	An act relating to sexual offenders and predators;
3	creating s. 856.022, F.S.; prohibiting loitering or
4	prowling by certain offenders within a specified distance
5	of places where children were congregating; prohibiting
6	certain actions toward a child at a public park or
7	playground by certain offenders; prohibiting the presence
8	of certain offenders at or on real property comprising a
9	child care facility or prekindergarten through grade 12
10	school without notice and supervision; providing
11	exceptions; providing penalties; amending s. 775.21, F.S.;
12	revising and providing definitions; conforming terminology
13	to changes made by the act; revising provisions relating
14	to residence reporting requirements for sexual predators;
15	transferring, renumbering, and amending s. 794.065, F.S.;
16	providing definitions; substituting the term "child care
17	facility" for the term "day care center"; providing that
18	the section does not apply to a person living in an
19	approved residence before the establishment of a school,
20	child care facility, park, or playground within 1,000 feet
21	of the residence; including offenses in other
22	jurisdictions that are similar to the offenses listed for
23	purposes of providing residency restrictions for persons
24	convicted of certain sex offenses, applicable to offenses
25	committed on or after a specified date; providing that the
26	section does not apply to persons who were removed from
27	the requirement to register as a sexual offender or sexual
28	predator under a specified provision; amending s.
29	943.0435, F.S.; revising provisions relating to residence
30	reporting requirements for sexual offenders; amending s.
31	943.04352, F.S.; requiring that the probation services
32	provider search in an additional specified sex offender
33	registry for information regarding sexual predators and
34	sexual offenders when an offender is placed on misdemeanor
35	probation; amending s. 943.04354, F.S.; allowing the
36	removal of the requirement to register as a sexual
37	offender or sexual predator for a violation involving
38	sexual performance by a child in special circumstances;
39	amending s. 944.606, F.S.; revising address reporting
40	requirements for sexual offenders; amending s. 944.607,
41	F.S.; requiring additional registration information from
42	sex offenders who are under the supervision of the
43	Department of Corrections but who are not incarcerated;
44	amending s. 947.005, F.S.; providing additional
45	definitions; amending s. 947.1405, F.S.; conforming
46	terminology to changes made by the act; providing that a
47	releasee living in an approved residence before the
48	establishment of a school, child care facility, park, or
49	playground within 1,000 feet of the residence may not be
50	forced to relocate and does not violate his or her
51	conditional release supervision; revising provisions
52	relating to polygraph examinations of specified
53	conditional releasees who have committed specified sexual
54	offenses; providing additional restrictions for certain
55	conditional releasees who have committed specified sexual
56	offenses against minors or have similar convictions in
57	another jurisdiction; amending s. 948.001, F.S.; revising
58	and providing definitions; amending s. 948.30, F.S.;
59	conforming terminology to changes made by the act;
60	providing that a probationer or community controllee
61	living in an approved residence before the establishment
62	of a school, child care facility, park, or playground
63	within 1,000 feet of the residence may not be forced to
64	relocate and does not violate his or her probation or
65	community control; revising provisions relating to
66	polygraph examinations of specified probationers or
67	community controllees who have committed specified sexual
68	offenses; providing additional restrictions for certain
69	probationers or community controllees who committed
70	specified sexual offenses against minors or who have
71	similar convictions in another jurisdiction; amending s.
72	948.31, F.S.; deleting a requirement for diagnosis of
73	certain sexual predators and sexual offenders on community
74	control; revising provisions relating to treatment for
75	such offenders and predators; amending s. 985.481, F.S.;
76	providing additional address reporting requirements for
77	sexual offenders adjudicated delinquent; amending s.
78	985.4815, F.S.; revising provisions relating to address
79	and residence reporting requirements for sexual offenders
80	adjudicated delinquent; providing legislative intent;
81	providing severability; providing a directive to the
82	Division of Statutory Revision; providing an effective
83	date.
84
85	Be It Enacted by the Legislature of the State of Florida:
86
87	Section 1. Section 856.022, Florida Statutes, is created
88	to read:
89	856.022 Loitering or prowling by certain offenders in
90	close proximity to children; penalty.-
91	(1) Except as provided in subsection (2), this section
92	applies to a person convicted of committing, or attempting,
93	soliciting, or conspiring to commit, any of the criminal
94	offenses proscribed in the following statutes in this state or
95	similar offenses in another jurisdiction against a victim who
96	was under 18 years of age at the time of the offense: s. 787.01,
97	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
98	the offender was not the victim's parent or guardian; s.
99	794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
100	796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
101	847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
102	847.0145; s. 985.701(1); or any similar offense committed in
103	this state which has been redesignated from a former statute
104	number to one of those listed in this subsection, if the person
105	has not received a pardon for any felony or similar law of
106	another jurisdiction necessary for the operation of this
107	subsection and a conviction of a felony or similar law of
108	another jurisdiction necessary for the operation of this
109	subsection has not been set aside in any postconviction
110	proceeding.
111	(2) This section does not apply to a person who has been
112	removed from the requirement to register as a sexual offender or
113	sexual predator pursuant to s. 943.04354.
114	(3) A person described in subsection (1) commits loitering
115	and prowling by a person convicted of a sexual offense against a
116	minor if, in committing loitering and prowling, he or she was
117	within 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
121	child under 18 years of age in any public park building or on
122	real property comprising any public park or playground with the
123	intent to engage in conduct of a sexual nature or to make a
124	communication of any type with any content of a sexual nature.
125	This paragraph applies only to a person described in subsection
126	(1) whose offense was committed on or after the effective date
127	of this act.
128	(b)1. Knowingly be present in any child care facility or
129	school containing any students in prekindergarten through grade
130	12 or on real property comprising any child care facility or
131	school containing any students in prekindergarten through grade
132	12 when the child care facility or school is in operation unless
133	the person had previously provided written notification of his
134	or her intent to be present to the school board, superintendent,
135	principal, or child care facility owner;
136	2. Fail to notify the child care facility owner or the
137	school principal's office when he or she arrives and departs the
138	child care facility or school; or
139	3. Fail to remain under direct supervision of a school
140	official or designated chaperone when present in the vicinity of
141	children. As used in this paragraph, the term "school official"
142	means a principal, a school resource officer, a teacher or any
143	other employee of the school, the superintendent of schools, a
144	member of the school board, a child care facility owner, or a
145	child 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
148	and the person is present for the purpose of voting during the
149	hours designated for voting; or
150	2. The person is only dropping off or picking up his or
151	her own children or grandchildren at the child care facility or
152	school.
153	(5) Any person who violates this section commits a
154	misdemeanor of the first degree, punishable as provided in s.
155	775.082 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),
159	paragraph (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
164	the commencement or termination of enrollment or employment or a
165	change in location of enrollment or employment.
166	(b)(a) "Chief of police" means the chief law enforcement
167	officer of a municipality.
168	(c) "Child care facility" has the same meaning as provided
169	in s. 402.302.
170	(d)(b) "Community" means any county where the sexual
171	predator lives or otherwise establishes or maintains a temporary
172	or permanent residence.
173	(e)(c) "Conviction" means a determination of guilt which
174	is the result of a trial or the entry of a plea of guilty or
175	nolo contendere, regardless of whether adjudication is withheld.
176	A conviction for a similar offense includes, but is not limited
177	to, a conviction by a federal or military tribunal, including
178	courts-martial conducted by the Armed Forces of the United
179	States, and includes a conviction or entry of a plea of guilty
180	or nolo contendere resulting in a sanction in any state of the
181	United States or other jurisdiction. A sanction includes, but is
182	not limited to, a fine, probation, community control, parole,
183	conditional release, control release, or incarceration in a
184	state prison, federal prison, private correctional facility, or
185	local detention facility.
186	(f)(d) "Department" means the Department of Law
187	Enforcement.
188	(g)(j) "Electronic mail address" has the same meaning as
189	provided in s. 668.602.
190	(h)(e) "Entering the county" includes being discharged
191	from a correctional facility or jail or secure treatment
192	facility within the county or being under supervision within the
193	county for the commission of a violation enumerated in
194	subsection (4).
195	(i)(k) "Instant message name" means an identifier that
196	allows a person to communicate in real time with another person
197	using the Internet.
198	(j)(h) "Institution of higher education" means a career
199	center, community college, college, state university, or
200	independent postsecondary institution.
201	(k)(f) "Permanent residence" means a place where the
202	person abides, lodges, or resides for 5 or more consecutive
203	days.
204	(l)(g) "Temporary residence" means a place where the
205	person abides, lodges, or resides, including, but not limited
206	to, vacation, business, or personal travel destinations in or
207	out of this state, for a period of 5 or more days in the
208	aggregate during any calendar year and which is not the person's
209	permanent address or, for a person whose permanent residence is
210	not in this state, a place where the person is employed,
211	practices a vocation, or is enrolled as a student for any period
212	of time in this state.
213	(m) "Transient residence" means a place or county where a
214	person lives, remains, or is located for a period of 5 or more
215	days in the aggregate during a calendar year and which is not
216	the person's permanent or temporary address. The term includes,
217	but is not limited to, a place where the person sleeps or seeks
218	shelter 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
221	predator by the Department of Corrections, the department, or
222	any other law enforcement agency and if:
223	1. The court did not, for whatever reason, make a written
224	finding at the time of sentencing that the offender was a sexual
225	predator; or
226	2. The offender was administratively registered as a
227	sexual predator because the Department of Corrections, the
228	department, or any other law enforcement agency obtained
229	information that indicated that the offender met the criteria
230	for designation as a sexual predator based on a violation of a
231	similar law in another jurisdiction,
232
233	the department shall remove that offender from the department's
234	list of sexual predators and, for an offender described under
235	subparagraph 1., shall notify the state attorney who prosecuted
236	the offense that met the criteria for administrative designation
237	as a sexual predator, and, for an offender described under this
238	paragraph, shall notify the state attorney of the county where
239	the offender establishes or maintains a permanent, or temporary,
240	or transient residence. The state attorney shall bring the
241	matter to the court's attention in order to establish that the
242	offender meets the criteria for designation as a sexual
243	predator. If the court makes a written finding that the offender
244	is a sexual predator, the offender must be designated as a
245	sexual predator, must register or be registered as a sexual
246	predator with the department as provided in subsection (6), and
247	is subject to the community and public notification as provided
248	in subsection (7). If the court does not make a written finding
249	that the offender is a sexual predator, the offender may not be
250	designated as a sexual predator with respect to that offense and
251	is not required to register or be registered as a sexual
252	predator with the department.
253	(5) SEXUAL PREDATOR DESIGNATION.-An offender is designated
254	as a sexual predator as follows:
255	(a)1. An offender who meets the sexual predator criteria
256	described in paragraph (4)(d) is a sexual predator, and the
257	court shall make a written finding at the time such offender is
258	determined to be a sexually violent predator under chapter 394
259	that such person meets the criteria for designation as a sexual
260	predator for purposes of this section. The clerk shall transmit
261	a copy of the order containing the written finding to the
262	department within 48 hours after the entry of the order;
263	2. An offender who meets the sexual predator criteria
264	described in paragraph (4)(a) who is before the court for
265	sentencing for a current offense committed on or after October
266	1, 1993, is a sexual predator, and the sentencing court must
267	make a written finding at the time of sentencing that the
268	offender is a sexual predator, and the clerk of the court shall
269	transmit a copy of the order containing the written finding to
270	the department within 48 hours after the entry of the order; or
271	3. If the Department of Corrections, the department, or
272	any other law enforcement agency obtains information which
273	indicates that an offender who establishes or maintains a
274	permanent, or temporary, or transient residence in this state
275	meets the sexual predator criteria described in paragraph (4)(a)
276	or paragraph (4)(d) because the offender was civilly committed
277	or committed a similar violation in another jurisdiction on or
278	after October 1, 1993, the Department of Corrections, the
279	department, or the law enforcement agency shall notify the state
280	attorney of the county where the offender establishes or
281	maintains a permanent, or temporary, or transient residence of
282	the offender's presence in the community. The state attorney
283	shall file a petition with the criminal division of the circuit
284	court for the purpose of holding a hearing to determine if the
285	offender's criminal record or record of civil commitment from
286	another jurisdiction meets the sexual predator criteria. If the
287	court finds that the offender meets the sexual predator criteria
288	because the offender has violated a similar law or similar laws
289	in another jurisdiction, the court shall make a written finding
290	that the offender is a sexual predator.
291
292	When the court makes a written finding that an offender is a
293	sexual predator, the court shall inform the sexual predator of
294	the registration and community and public notification
295	requirements described in this section. Within 48 hours after
296	the court designating an offender as a sexual predator, the
297	clerk of the circuit court shall transmit a copy of the court's
298	written sexual predator finding to the department. If the
299	offender is sentenced to a term of imprisonment or supervision,
300	a copy of the court's written sexual predator finding must be
301	submitted to the Department of Corrections.
302	(6) REGISTRATION.-
303	(a) A sexual predator must register with the department
304	through the sheriff's office by providing the following
305	information to the department:
306	1. Name;, social security number;, age;, race;, sex;, date
307	of birth;, height;, weight;, hair and eye color;, photograph;,
308	address of legal residence and address of any current temporary
309	residence, within the state or out of state, including a rural
310	route address and a post office box;, if no permanent or
311	temporary address, any transient residence within the state;
312	address, location or description, and dates of any current or
313	known future temporary residence within the state or out of
314	state; any electronic mail address and any instant message name
315	required to be provided pursuant to subparagraph (g)4.;, home
316	telephone number and any cellular telephone number;, date and
317	place of any employment;, date and place of each conviction;,
318	fingerprints;, and a brief description of the crime or crimes
319	committed by the offender. A post office box shall not be
320	provided in lieu of a physical residential address.
321	a. If the sexual predator's place of residence is a motor
322	vehicle, trailer, mobile home, or manufactured home, as defined
323	in chapter 320, the sexual predator shall also provide to the
324	department written notice of the vehicle identification number;
325	the license tag number; the registration number; and a
326	description, including color scheme, of the motor vehicle,
327	trailer, mobile home, or manufactured home. If a sexual
328	predator's place of residence is a vessel, live-aboard vessel,
329	or houseboat, as defined in chapter 327, the sexual predator
330	shall also provide to the department written notice of the hull
331	identification number; the manufacturer's serial number; the
332	name of the vessel, live-aboard vessel, or houseboat; the
333	registration number; and a description, including color scheme,
334	of the vessel, live-aboard vessel, or houseboat.
335	b. If the sexual predator is enrolled, employed, or
336	carrying on a vocation at an institution of higher education in
337	this state, the sexual predator shall also provide to the
338	department the name, address, and county of each institution,
339	including each campus attended, and the sexual predator's
340	enrollment or employment status. Each change in enrollment or
341	employment status shall be reported in person at the sheriff's
342	office, or the Department of Corrections if the sexual predator
343	is in the custody or control of or under the supervision of the
344	Department of Corrections, within 48 hours after any change in
345	status. The sheriff or the Department of Corrections shall
346	promptly notify each institution of the sexual predator's
347	presence and any change in the sexual predator's enrollment or
348	employment status.
349	2. Any other information determined necessary by the
350	department, including criminal and corrections records;
351	nonprivileged personnel and treatment records; and evidentiary
352	genetic markers when available.
353	(f) Within 48 hours after the registration required under
354	paragraph (a) or paragraph (e), a sexual predator who is not
355	incarcerated and who resides in the community, including a
356	sexual predator under the supervision of the Department of
357	Corrections, shall register in person at a driver's license
358	office of the Department of Highway Safety and Motor Vehicles
359	and shall present proof of registration. At the driver's license
360	office the sexual predator shall:
361	1. If otherwise qualified, secure a Florida driver's
362	license, renew a Florida driver's license, or secure an
363	identification card. The sexual predator shall identify himself
364	or herself as a sexual predator who is required to comply with
365	this section, provide his or her place of permanent, or
366	temporary, or transient residence, including a rural route
367	address and a post office box, and submit to the taking of a
368	photograph for use in issuing a driver's license, renewed
369	license, or identification card, and for use by the department
370	in maintaining current records of sexual predators. A post
371	office box shall not be provided in lieu of a physical
372	residential address. If the sexual predator's place of residence
373	is a motor vehicle, trailer, mobile home, or manufactured home,
374	as defined in chapter 320, the sexual predator shall also
375	provide to the Department of Highway Safety and Motor Vehicles
376	the vehicle identification number; the license tag number; the
377	registration number; and a description, including color scheme,
378	of the motor vehicle, trailer, mobile home, or manufactured
379	home. If a sexual predator's place of residence is a vessel,
380	live-aboard vessel, or houseboat, as defined in chapter 327, the
381	sexual predator shall also provide to the Department of Highway
382	Safety and Motor Vehicles the hull identification number; the
383	manufacturer's serial number; the name of the vessel, live-
384	aboard vessel, or houseboat; the registration number; and a
385	description, including color scheme, of the vessel, live-aboard
386	vessel, or houseboat.
387	2. Pay the costs assessed by the Department of Highway
388	Safety and Motor Vehicles for issuing or renewing a driver's
389	license or identification card as required by this section. The
390	driver's license or identification card issued to the sexual
391	predator must be in compliance with s. 322.141(3).
392	3. Provide, upon request, any additional information
393	necessary to confirm the identity of the sexual predator,
394	including a set of fingerprints.
395	(g)1. Each time a sexual predator's driver's license or
396	identification card is subject to renewal, and, without regard
397	to the status of the predator's driver's license or
398	identification card, within 48 hours after any change of the
399	predator's residence or change in the predator's name by reason
400	of marriage or other legal process, the predator shall report in
401	person to a driver's license office and shall be subject to the
402	requirements specified in paragraph (f). The Department of
403	Highway Safety and Motor Vehicles shall forward to the
404	department and to the Department of Corrections all photographs
405	and information provided by sexual predators. Notwithstanding
406	the restrictions set forth in s. 322.142, the Department of
407	Highway Safety and Motor Vehicles is authorized to release a
408	reproduction of a color-photograph or digital-image license to
409	the Department of Law Enforcement for purposes of public
410	notification of sexual predators as provided in this section.
411	2. A sexual predator who vacates a permanent, temporary,
412	or transient residence and fails to establish or maintain
413	another permanent, or temporary, or transient residence shall,
414	within 48 hours after vacating the permanent, temporary, or
415	transient residence, report in person to the sheriff's office of
416	the county in which he or she is located. The sexual predator
417	shall specify the date upon which he or she intends to or did
418	vacate such residence. The sexual predator must provide or
419	update all of the registration information required under
420	paragraph (a). The sexual predator must provide an address for
421	the residence or other place location that he or she is or will
422	be located occupying during the time in which he or she fails to
423	establish or maintain a permanent or temporary residence.
424	3. A sexual predator who remains at a permanent,
425	temporary, or transient residence after reporting his or her
426	intent to vacate such residence shall, within 48 hours after the
427	date upon which the predator indicated he or she would or did
428	vacate such residence, report in person to the sheriff's office
429	to which he or she reported pursuant to subparagraph 2. for the
430	purpose of reporting his or her address at such residence. When
431	the sheriff receives the report, the sheriff shall promptly
432	convey the information to the department. An offender who makes
433	a report as required under subparagraph 2. but fails to make a
434	report as required under this subparagraph commits a felony of
435	the second degree, punishable as provided in s. 775.082, s.
436	775.083, or s. 775.084.
437	4. A sexual predator must register any electronic mail
438	address or instant message name with the department prior to
439	using such electronic mail address or instant message name on or
440	after October 1, 2007. The department shall establish an online
441	system through which sexual predators may securely access and
442	update all electronic mail address and instant message name
443	information.
444	(i) A sexual predator who intends to establish a
445	permanent, temporary, or transient residence in another state or
446	jurisdiction other than the State of Florida shall report in
447	person to the sheriff of the county of current residence within
448	48 hours before the date he or she intends to leave this state
449	to establish residence in another state or jurisdiction. The
450	sexual predator must provide to the sheriff the address,
451	municipality, county, and state of intended residence. The
452	sheriff shall promptly provide to the department the information
453	received from the sexual predator. The department shall notify
454	the statewide law enforcement agency, or a comparable agency, in
455	the intended state or jurisdiction of residence of the sexual
456	predator's intended residence. The failure of a sexual predator
457	to provide his or her intended place of residence is punishable
458	as provided in subsection (10).
459	(j) A sexual predator who indicates his or her intent to
460	establish a permanent, temporary, or transient residence reside
461	in another state or jurisdiction other than the State of Florida
462	and later decides to remain in this state shall, within 48 hours
463	after the date upon which the sexual predator indicated he or
464	she would leave this state, report in person to the sheriff to
465	which the sexual predator reported the intended change of
466	residence, and report his or her intent to remain in this state.
467	If the sheriff is notified by the sexual predator that he or she
468	intends to remain in this state, the sheriff shall promptly
469	report this information to the department. A sexual predator who
470	reports his or her intent to establish a permanent, temporary,
471	or transient residence reside in another state or jurisdiction,
472	but who remains in this state without reporting to the sheriff
473	in the manner required by this paragraph, commits a felony of
474	the second degree, punishable as provided in s. 775.082, s.
475	775.083, or s. 775.084.
476	(7) COMMUNITY AND PUBLIC NOTIFICATION.-
477	(a) Law enforcement agencies must inform members of the
478	community and the public of a sexual predator's presence. Upon
479	notification of the presence of a sexual predator, the sheriff
480	of the county or the chief of police of the municipality where
481	the sexual predator establishes or maintains a permanent or
482	temporary residence shall notify members of the community and
483	the public of the presence of the sexual predator in a manner
484	deemed appropriate by the sheriff or the chief of police. Within
485	48 hours after receiving notification of the presence of a
486	sexual predator, the sheriff of the county or the chief of
487	police of the municipality where the sexual predator temporarily
488	or permanently resides shall notify each licensed child care
489	facility day care center, elementary school, middle school, and
490	high school within a 1-mile radius of the temporary or permanent
491	residence of the sexual predator of the presence of the sexual
492	predator. Information provided to members of the community and
493	the 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
496	photograph;
497	3. The sexual predator's current permanent, temporary, and
498	transient addresses, and descriptions of registered locations
499	that have no specific street address, including the name of the
500	county or municipality if known;
501	4. The circumstances of the sexual predator's offense or
502	offenses; and
503	5. Whether the victim of the sexual predator's offense or
504	offenses was, at the time of the offense, a minor or an adult.
505
506	This paragraph does not authorize the release of the name of any
507	victim of the sexual predator.
508	(8) VERIFICATION.-The department and the Department of
509	Corrections shall implement a system for verifying the addresses
510	of sexual predators. The system must be consistent with the
511	provisions of the federal Adam Walsh Child Protection and Safety
512	Act of 2006 and any other federal standards applicable to such
513	verification or required to be met as a condition for the
514	receipt of federal funds by the state. The Department of
515	Corrections shall verify the addresses of sexual predators who
516	are not incarcerated but who reside in the community under the
517	supervision of the Department of Corrections and shall report to
518	the department any failure by a sexual predator to comply with
519	registration requirements. County and local law enforcement
520	agencies, in conjunction with the department, shall verify the
521	addresses of sexual predators who are not under the care,
522	custody, control, or supervision of the Department of
523	Corrections. Local law enforcement agencies shall report to the
524	department any failure by a sexual predator to comply with
525	registration requirements.
526	(a) A sexual predator must report in person each year
527	during the month of the sexual predator's birthday and during
528	every third month thereafter to the sheriff's office in the
529	county in which he or she resides or is otherwise located to
530	reregister. The sheriff's office may determine the appropriate
531	times and days for reporting by the sexual predator, which shall
532	be consistent with the reporting requirements of this paragraph.
533	Reregistration shall include any changes to the following
534	information:
535	1. Name; social security number; age; race; sex; date of
536	birth; height; weight; hair and eye color; address of any
537	permanent residence and address of any current temporary
538	residence, within the state or out of state, including a rural
539	route address and a post office box; if no permanent or
540	temporary address, any transient residence within the state;
541	address, location or description, and dates of any current or
542	known future temporary residence within the state or out of
543	state; any electronic mail address and any instant message name
544	required to be provided pursuant to subparagraph (6)(g)4.; home
545	telephone number and any cellular telephone number; date and
546	place of any employment; vehicle make, model, color, and license
547	tag number; fingerprints; and photograph. A post office box
548	shall not be provided in lieu of a physical residential address.
549	2. If the sexual predator is enrolled, employed, or
550	carrying on a vocation at an institution of higher education in
551	this state, the sexual predator shall also provide to the
552	department the name, address, and county of each institution,
553	including each campus attended, and the sexual predator's
554	enrollment or employment status.
555	3. If the sexual predator's place of residence is a motor
556	vehicle, trailer, mobile home, or manufactured home, as defined
557	in chapter 320, the sexual predator shall also provide the
558	vehicle identification number; the license tag number; the
559	registration number; and a description, including color scheme,
560	of the motor vehicle, trailer, mobile home, or manufactured
561	home. If the sexual predator's place of residence is a vessel,
562	live-aboard vessel, or houseboat, as defined in chapter 327, the
563	sexual predator shall also provide the hull identification
564	number; the manufacturer's serial number; the name of the
565	vessel, live-aboard vessel, or houseboat; the registration
566	number; and a description, including color scheme, of the
567	vessel, live-aboard vessel, or houseboat.
568	(10) PENALTIES.-
569	(b) A sexual predator who has been convicted of or found
570	to have committed, or has pled nolo contendere or guilty to,
571	regardless of adjudication, any violation, or attempted
572	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
573	the victim is a minor and the defendant is not the victim's
574	parent or guardian; s. 794.011, excluding s. 794.011(10); s.
575	794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
576	847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
577	violation of a similar law of another jurisdiction when the
578	victim of the offense was a minor, and who works, whether for
579	compensation or as a volunteer, at any business, school, child
580	care facility day care center, park, playground, or other place
581	where children regularly congregate, commits a felony of the
582	third degree, punishable as provided in s. 775.082, s. 775.083,
583	or s. 775.084.
584	Section 3. Section 794.065, Florida Statutes, is
585	transferred, renumbered as section 775.215, Florida Statutes,
586	and amended to read:
587	775.215 794.065 Residency restriction Unlawful place of
588	residence 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
591	in s. 402.302.
592	(b) "Park" means all public and private property
593	specifically designated as being used for recreational purposes
594	and where children regularly congregate.
595	(c) "Playground" means a designated independent area in
596	the community or neighborhood that is designated solely for
597	children and has one or more play structures.
598	(d) "School" has the same meaning as provided in s.
599	1003.01 and includes a private school as defined in s. 1002.01,
600	a voluntary prekindergarten education program as described in s.
601	1002.53(3), a public school as described in s. 402.3025(1), the
602	Florida School for the Deaf and the Blind, the Florida Virtual
603	School as established under s. 1002.37, and a K-8 Virtual School
604	as established under s. 1002.415, but does not include
605	facilities dedicated exclusively to the education of adults.
606	(2)(a)(1) A It is unlawful for any person who has been
607	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
608	s. 847.0135(5), or s. 847.0145, regardless of whether
609	adjudication has been withheld, in which the victim of the
610	offense was less than 16 years of age, may not to reside within
611	1,000 feet of any school, child care facility day care center,
612	park, or playground. However, a person does not violate this
613	subsection and may not be forced to relocate if he or she is
614	living in a residence that meets the requirements of this
615	subsection and a school, child care facility, park, or
616	playground is subsequently established within 1,000 feet of his
617	or her residence.
618	(b) A person who violates this subsection section and
619	whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
620	847.0135(5), or s. 847.0145 was classified as a felony of the
621	first degree or higher commits a felony of the third degree,
622	punishable as provided in s. 775.082 or s. 775.083. A person who
623	violates this subsection section and whose conviction under s.
624	794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145
625	was classified as a felony of the second or third degree commits
626	a misdemeanor of the first degree, punishable as provided in s.
627	775.082 or s. 775.083.
628	(c)(2) This subsection section applies to any person
629	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
630	s. 847.0135(5), or s. 847.0145 for offenses that occur on or
631	after October 1, 2004, excluding persons who have been removed
632	from the requirement to register as a sexual offender or sexual
633	predator pursuant to s. 943.04354.
634	(3)(a) A person who has been convicted of an offense in
635	another jurisdiction that is similar to a violation of s.
636	794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
637	regardless of whether adjudication has been withheld, in which
638	the victim of the offense was less than 16 years of age, may not
639	reside within 1,000 feet of any school, child care facility,
640	park, or playground. However, a person does not violate this
641	subsection and may not be forced to relocate if he or she is
642	living in a residence that meets the requirements of this
643	subsection and a school, child care facility, park, or
644	playground is subsequently established within 1,000 feet of his
645	or her residence.
646	(b) A person who violates this subsection and whose
647	conviction in another jurisdiction resulted in a penalty that is
648	substantially similar to a felony of the first degree or higher
649	commits a felony of the third degree, punishable as provided in
650	s. 775.082 or s. 775.083. A person who violates this subsection
651	and whose conviction in another jurisdiction resulted in a
652	penalty that is substantially similar to a felony of the second
653	or third degree commits a misdemeanor of the first degree,
654	punishable as provided in s. 775.082 or s. 775.083.
655	(c) This subsection applies to any person convicted of an
656	offense in another jurisdiction that is similar to a violation
657	of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
658	847.0145 if such offense occurred on or after the effective date
659	of this act, excluding persons who have been removed from the
660	requirement to register as a sexual offender or sexual predator
661	pursuant 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
665	section 943.0435, Florida Statutes, are amended to read:
666	943.0435 Sexual offenders required to register with the
667	department; 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.
671	775.21.
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
675	maintains a permanent, or temporary, or transient residence
676	within 48 hours after:
677	a. Establishing permanent, or temporary, or transient
678	residence in this state; or
679	b. Being released from the custody, control, or
680	supervision of the Department of Corrections or from the custody
681	of a private correctional facility; or
682	2. In the county where he or she was convicted within 48
683	hours after being convicted for a qualifying offense for
684	registration under this section if the offender is not in the
685	custody or control of, or under the supervision of, the
686	Department of Corrections, or is not in the custody of a private
687	correctional facility.
688
689	Any change in the information required to be provided pursuant
690	to paragraph (b), including, but not limited to, any change in
691	the sexual offender's permanent, or temporary, or transient
692	residence, name, any electronic mail address and any instant
693	message name required to be provided pursuant to paragraph
694	(4)(d), after the sexual offender reports in person at the
695	sheriff's office, shall be accomplished in the manner provided
696	in subsections (4), (7), and (8).
697	(b) Provide his or her name;, date of birth;, social
698	security number;, race;, sex;, height;, weight;, hair and eye
699	color;, tattoos or other identifying marks;, occupation and
700	place of employment;, address of permanent or legal residence or
701	address of any current temporary residence, within the state or
702	and out of state, including a rural route address and a post
703	office box;, if no permanent or temporary address, any transient
704	residence within the state, address, location or description,
705	and dates of any current or known future temporary residence
706	within the state or out of state; home telephone number and any
707	cellular telephone number;, any electronic mail address and any
708	instant message name required to be provided pursuant to
709	paragraph (4)(d);, date and place of each conviction;, and a
710	brief description of the crime or crimes committed by the
711	offender. A post office box shall not be provided in lieu of a
712	physical residential address.
713	1. If the sexual offender's place of residence is a motor
714	vehicle, trailer, mobile home, or manufactured home, as defined
715	in chapter 320, the sexual offender shall also provide to the
716	department through the sheriff's office written notice of the
717	vehicle identification number; the license tag number; the
718	registration number; and a description, including color scheme,
719	of the motor vehicle, trailer, mobile home, or manufactured
720	home. If the sexual offender's place of residence is a vessel,
721	live-aboard vessel, or houseboat, as defined in chapter 327, the
722	sexual offender shall also provide to the department written
723	notice of the hull identification number; the manufacturer's
724	serial number; the name of the vessel, live-aboard vessel, or
725	houseboat; the registration number; and a description, including
726	color scheme, of the vessel, live-aboard vessel, or houseboat.
727	2. If the sexual offender is enrolled, employed, or
728	carrying on a vocation at an institution of higher education in
729	this state, the sexual offender shall also provide to the
730	department through the sheriff's office the name, address, and
731	county of each institution, including each campus attended, and
732	the sexual offender's enrollment or employment status. Each
733	change in enrollment or employment status shall be reported in
734	person at the sheriff's office, within 48 hours after any change
735	in status. The sheriff shall promptly notify each institution of
736	the sexual offender's presence and any change in the sexual
737	offender's enrollment or employment status.
738
739	When a sexual offender reports at the sheriff's office, the
740	sheriff shall take a photograph and a set of fingerprints of the
741	offender and forward the photographs and fingerprints to the
742	department, along with the information provided by the sexual
743	offender. The sheriff shall promptly provide to the department
744	the information received from the sexual offender.
745	(4)(a) Each time a sexual offender's driver's license or
746	identification card is subject to renewal, and, without regard
747	to the status of the offender's driver's license or
748	identification card, within 48 hours after any change in the
749	offender's permanent, or temporary, or transient residence or
750	change in the offender's name by reason of marriage or other
751	legal process, the offender shall report in person to a driver's
752	license office, and shall be subject to the requirements
753	specified in subsection (3). The Department of Highway Safety
754	and Motor Vehicles shall forward to the department all
755	photographs and information provided by sexual offenders.
756	Notwithstanding the restrictions set forth in s. 322.142, the
757	Department of Highway Safety and Motor Vehicles is authorized to
758	release a reproduction of a color-photograph or digital-image
759	license to the Department of Law Enforcement for purposes of
760	public notification of sexual offenders as provided in this
761	section and ss. 943.043 and 944.606.
762	(b) A sexual offender who vacates a permanent, temporary,
763	or transient residence and fails to establish or maintain
764	another permanent, or temporary, or transient residence shall,
765	within 48 hours after vacating the permanent, temporary, or
766	transient residence, report in person to the sheriff's office of
767	the county in which he or she is located. The sexual offender
768	shall specify the date upon which he or she intends to or did
769	vacate such residence. The sexual offender must provide or
770	update all of the registration information required under
771	paragraph (2)(b). The sexual offender must provide an address
772	for the residence or other place location that he or she is or
773	will be located occupying during the time in which he or she
774	fails to establish or maintain a permanent or temporary
775	residence.
776	(c) A sexual offender who remains at a permanent,
777	temporary, or transient residence after reporting his or her
778	intent to vacate such residence shall, within 48 hours after the
779	date upon which the offender indicated he or she would or did
780	vacate such residence, report in person to the agency to which
781	he or she reported pursuant to paragraph (b) for the purpose of
782	reporting his or her address at such residence. When the sheriff
783	receives the report, the sheriff shall promptly convey the
784	information to the department. An offender who makes a report as
785	required under paragraph (b) but fails to make a report as
786	required under this paragraph commits a felony of the second
787	degree, punishable as provided in s. 775.082, s. 775.083, or s.
788	775.084.
789	(7) A sexual offender who intends to establish a
790	permanent, temporary, or transient residence in another state or
791	jurisdiction other than the State of Florida shall report in
792	person to the sheriff of the county of current residence within
793	48 hours before the date he or she intends to leave this state
794	to establish residence in another state or jurisdiction. The
795	notification must include the address, municipality, county, and
796	state of intended residence. The sheriff shall promptly provide
797	to the department the information received from the sexual
798	offender. The department shall notify the statewide law
799	enforcement agency, or a comparable agency, in the intended
800	state or jurisdiction of residence of the sexual offender's
801	intended residence. The failure of a sexual offender to provide
802	his or her intended place of residence is punishable as provided
803	in subsection (9).
804	(8) A sexual offender who indicates his or her intent to
805	establish a permanent, temporary, or transient residence reside
806	in another state or jurisdiction other than the State of Florida
807	and later decides to remain in this state shall, within 48 hours
808	after the date upon which the sexual offender indicated he or
809	she would leave this state, report in person to the sheriff to
810	which the sexual offender reported the intended change of
811	permanent, temporary, or transient residence, and report his or
812	her intent to remain in this state. The sheriff shall promptly
813	report this information to the department. A sexual offender who
814	reports his or her intent to establish a permanent, temporary,
815	or transient residence reside in another state or jurisdiction
816	but who remains in this state without reporting to the sheriff
817	in the manner required by this subsection commits a felony of
818	the second degree, punishable as provided in s. 775.082, s.
819	775.083, or s. 775.084.
820	(10) The department, the Department of Highway Safety and
821	Motor Vehicles, the Department of Corrections, the Department of
822	Juvenile Justice, any law enforcement agency in this state, and
823	the personnel of those departments; an elected or appointed
824	official, public employee, or school administrator; or an
825	employee, agency, or any individual or entity acting at the
826	request or upon the direction of any law enforcement agency is
827	immune from civil liability for damages for good faith
828	compliance with the requirements of this section or for the
829	release of information under this section, and shall be presumed
830	to have acted in good faith in compiling, recording, reporting,
831	or releasing the information. The presumption of good faith is
832	not overcome if a technical or clerical error is made by the
833	department, the Department of Highway Safety and Motor Vehicles,
834	the Department of Corrections, the Department of Juvenile
835	Justice, the personnel of those departments, or any individual
836	or entity acting at the request or upon the direction of any of
837	those departments in compiling or providing information, or if
838	information is incomplete or incorrect because a sexual offender
839	fails to report or falsely reports his or her current place of
840	permanent, or temporary, or transient residence.
841	(14)
842	(c) The sheriff's office may determine the appropriate
843	times and days for reporting by the sexual offender, which shall
844	be consistent with the reporting requirements of this
845	subsection. Reregistration shall include any changes to the
846	following information:
847	1. Name; social security number; age; race; sex; date of
848	birth; height; weight; hair and eye color; address of any
849	permanent residence and address of any current temporary
850	residence, within the state or out of state, including a rural
851	route address and a post office box; if no permanent or
852	temporary address, any transient residence within the state;
853	address, location or description, and dates of any current or
854	known future temporary residence within the state or out of
855	state; any electronic mail address and any instant message name
856	required to be provided pursuant to paragraph (4)(d); home
857	telephone number and any cellular telephone number; date and
858	place of any employment; vehicle make, model, color, and license
859	tag number; fingerprints; and photograph. A post office box
860	shall not be provided in lieu of a physical residential address.
861	2. If the sexual offender is enrolled, employed, or
862	carrying on a vocation at an institution of higher education in
863	this state, the sexual offender shall also provide to the
864	department the name, address, and county of each institution,
865	including each campus attended, and the sexual offender's
866	enrollment or employment status.
867	3. If the sexual offender's place of residence is a motor
868	vehicle, trailer, mobile home, or manufactured home, as defined
869	in chapter 320, the sexual offender shall also provide the
870	vehicle identification number; the license tag number; the
871	registration number; and a description, including color scheme,
872	of the motor vehicle, trailer, mobile home, or manufactured
873	home. If the sexual offender's place of residence is a vessel,
874	live-aboard vessel, or houseboat, as defined in chapter 327, the
875	sexual offender shall also provide the hull identification
876	number; the manufacturer's serial number; the name of the
877	vessel, live-aboard vessel, or houseboat; the registration
878	number; and a description, including color scheme, of the
879	vessel, live-aboard vessel or houseboat.
880	4. Any sexual offender who fails to report in person as
881	required at the sheriff's office, or who fails to respond to any
882	address verification correspondence from the department within 3
883	weeks of the date of the correspondence or who fails to report
884	electronic mail addresses or instant message names, commits a
885	felony of the third degree, punishable as provided in s.
886	775.082, s. 775.083, or s. 775.084.
887	Section 5. Section 943.04352, Florida Statutes, is amended
888	to read:
889	943.04352 Search of registration information regarding
890	sexual predators and sexual offenders required when placement on
891	misdemeanor probation.-When the court places a defendant on
892	misdemeanor probation pursuant to ss. 948.01 and 948.15, the
893	public or private entity providing probation services must
894	conduct a search of the probationer's name or other identifying
895	information against the registration information regarding
896	sexual predators and sexual offenders maintained by the
897	Department of Law Enforcement under s. 943.043. The probation
898	services provider may conduct the search using the Internet site
899	maintained by the Department of Law Enforcement. Also, a
900	national search must be conducted through the Dru Sjodin
901	National Sex Offender Public Website maintained by the United
902	States Department of Justice.
903	Section 6. Section 943.04354, Florida Statutes, is amended
904	to read:
905	943.04354 Removal of the requirement to register as a
906	sexual offender or sexual predator in special circumstances.-
907	(1) For purposes of this section, a person shall be
908	considered for removal of the requirement to register as a
909	sexual offender or sexual predator only if the person:
910	(a) Was or will be convicted or adjudicated delinquent of
911	a violation of s. 794.011, s. 800.04, s. 827.071, or s.
912	847.0135(5) or the person committed a violation of s. 794.011,
913	s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
914	of guilt was or will be withheld, and the person does not have
915	any other conviction, adjudication of delinquency, or withhold
916	of adjudication of guilt for a violation of s. 794.011, s.
917	800.04, s. 827.071, or s. 847.0135(5);
918	(b) Is required to register as a sexual offender or sexual
919	predator solely on the basis of this violation; and
920	(c) Is not more than 4 years older than the victim of this
921	violation who was 14 years of age or older but not more than 17
922	years of age at the time the person committed this violation.
923	(2) If a person meets the criteria in subsection (1) and
924	the violation of s. 794.011, s. 800.04, s. 827.071, or s.
925	847.0135(5) was committed on or after July 1, 2007, the person
926	may move the court that will sentence or dispose of this
927	violation to remove the requirement that the person register as
928	a sexual offender or sexual predator. The person must allege in
929	the motion that he or she meets the criteria in subsection (1)
930	and that removal of the registration requirement will not
931	conflict with federal law. The state attorney must be given
932	notice of the motion at least 21 days before the date of
933	sentencing or disposition of this violation and may present
934	evidence in opposition to the requested relief or may otherwise
935	demonstrate why the motion should be denied. At sentencing or
936	disposition of this violation, the court shall rule on this
937	motion and, if the court determines the person meets the
938	criteria in subsection (1) and the removal of the registration
939	requirement will not conflict with federal law, it may grant the
940	motion and order the removal of the registration requirement. If
941	the court denies the motion, the person is not authorized under
942	this section to petition for removal of the registration
943	requirement.
944	(3)(a) This subsection applies to a person who:
945	1. Is not a person described in subsection (2) because the
946	violation of s. 794.011, or s. 800.04, or s. 827.071 was not
947	committed on or after July 1, 2007;
948	2. Is subject to registration as a sexual offender or
949	sexual predator for a violation of s. 794.011, or s. 800.04, or
950	s. 827.071; and
951	3. Meets the criteria in subsection (1).
952	(b) A person may petition the court in which the sentence
953	or disposition for the violation of s. 794.011, or s. 800.04, or
954	s. 827.071 occurred for removal of the requirement to register
955	as a sexual offender or sexual predator. The person must allege
956	in the petition that he or she meets the criteria in subsection
957	(1) and removal of the registration requirement will not
958	conflict with federal law. The state attorney must be given
959	notice of the petition at least 21 days before the hearing on
960	the petition and may present evidence in opposition to the
961	requested relief or may otherwise demonstrate why the petition
962	should be denied. The court shall rule on the petition and, if
963	the court determines the person meets the criteria in subsection
964	(1) and removal of the registration requirement will not
965	conflict with federal law, it may grant the petition and order
966	the removal of the registration requirement. If the court denies
967	the petition, the person is not authorized under this section to
968	file any further petition for removal of the registration
969	requirement.
970	(4) If a person provides to the Department of Law
971	Enforcement a certified copy of the court's order removing the
972	requirement that the person register as a sexual offender or
973	sexual predator for the violation of s. 794.011, s. 800.04, s.
974	827.071, or s. 847.0135(5), the registration requirement will
975	not apply to the person and the department shall remove all
976	information about the person from the public registry of sexual
977	offenders and sexual predators maintained by the department.
978	However, the removal of this information from the public
979	registry does not mean that the public is denied access to
980	information about the person's criminal history or record that
981	is otherwise available as a public record.
982	Section 7. Paragraph (a) of subsection (3) of section
983	944.606, Florida Statutes, is amended to read:
984	944.606 Sexual offenders; notification upon release.-
985	(3)(a) The department must provide information regarding
986	any sexual offender who is being released after serving a period
987	of incarceration for any offense, as follows:
988	1. The department must provide: the sexual offender's
989	name, any change in the offender's name by reason of marriage or
990	other legal process, and any alias, if known; the correctional
991	facility from which the sexual offender is released; the sexual
992	offender's social security number, race, sex, date of birth,
993	height, weight, and hair and eye color; address of any planned
994	permanent residence or temporary residence, within the state or
995	out of state, including a rural route address and a post office
996	box; if no permanent or temporary address, any transient
997	residence within the state; address, location or description,
998	and dates of any known future temporary residence within the
999	state or out of state; date and county of sentence and each
1000	crime for which the offender was sentenced; a copy of the
1001	offender's fingerprints and a digitized photograph taken within
1002	60 days before release; the date of release of the sexual
1003	offender; any electronic mail address and any instant message
1004	name required to be provided pursuant to s. 943.0435(4)(d); and
1005	home telephone number and any cellular telephone number; and the
1006	offender's intended residence address, if known. The department
1007	shall notify the Department of Law Enforcement if the sexual
1008	offender escapes, absconds, or dies. If the sexual offender is
1009	in the custody of a private correctional facility, the facility
1010	shall take the digitized photograph of the sexual offender
1011	within 60 days before the sexual offender's release and provide
1012	this photograph to the Department of Corrections and also place
1013	it in the sexual offender's file. If the sexual offender is in
1014	the custody of a local jail, the custodian of the local jail
1015	shall register the offender within 3 business days after intake
1016	of the offender for any reason and upon release, and shall
1017	notify the Department of Law Enforcement of the sexual
1018	offender's release and provide to the Department of Law
1019	Enforcement the information specified in this paragraph and any
1020	information specified in subparagraph 2. that the Department of
1021	Law Enforcement requests.
1022	2. The department may provide any other information deemed
1023	necessary, including criminal and corrections records,
1024	nonprivileged personnel and treatment records, when available.
1025	Section 8. Subsections (4) and (6) and paragraph (c) of
1026	subsection (13) of section 944.607, Florida Statutes, are
1027	amended to read:
1028	944.607 Notification to Department of Law Enforcement of
1029	information on sexual offenders.-
1030	(4) A sexual offender, as described in this section, who
1031	is under the supervision of the Department of Corrections but is
1032	not incarcerated must register with the Department of
1033	Corrections within 3 business days after sentencing for a
1034	registrable registerable offense and otherwise provide
1035	information as required by this subsection.
1036	(a) The sexual offender shall provide his or her name;
1037	date of birth; social security number; race; sex; height;
1038	weight; hair and eye color; tattoos or other identifying marks;
1039	any electronic mail address and any instant message name
1040	required to be provided pursuant to s. 943.0435(4)(d); and
1041	permanent or legal residence and address of temporary residence
1042	within the state or out of state while the sexual offender is
1043	under supervision in this state, including any rural route
1044	address or post office box; if no permanent or temporary
1045	address, any transient residence within the state; and address,
1046	location or description, and dates of any current or known
1047	future temporary residence within the state or out of state. The
1048	Department of Corrections shall verify the address of each
1049	sexual offender in the manner described in ss. 775.21 and
1050	943.0435. The department shall report to the Department of Law
1051	Enforcement any failure by a sexual predator or sexual offender
1052	to comply with registration requirements.
1053	(b) If the sexual offender is enrolled, employed, or
1054	carrying on a vocation at an institution of higher education in
1055	this state, the sexual offender shall provide the name, address,
1056	and county of each institution, including each campus attended,
1057	and the sexual offender's enrollment or employment status. Each
1058	change in enrollment or employment status shall be reported to
1059	the department within 48 hours after the change in status. The
1060	Department of Corrections shall promptly notify each institution
1061	of the sexual offender's presence and any change in the sexual
1062	offender's enrollment or employment status.
1063	(6) The information provided to the Department of Law
1064	Enforcement must include:
1065	(a) The information obtained from the sexual offender
1066	under subsection (4);
1067	(b) The sexual offender's most current address, and place
1068	of permanent, and temporary, or transient residence within the
1069	state or out of state, and address, location or description, and
1070	dates of any current or known future temporary residence within
1071	the state or out of state, while the sexual offender is under
1072	supervision in this state, including the name of the county or
1073	municipality in which the offender permanently or temporarily
1074	resides, or has a transient residence, and address, location or
1075	description, and dates of any current or known future temporary
1076	residence within the state or out of state, and, if known, the
1077	intended place of permanent, or temporary, or transient
1078	residence, and address, location or description, and dates of
1079	any current or known future temporary residence within the state
1080	or out of state upon satisfaction of all sanctions;
1081	(c) The legal status of the sexual offender and the
1082	scheduled termination date of that legal status;
1083	(d) The location of, and local telephone number for, any
1084	Department of Corrections' office that is responsible for
1085	supervising the sexual offender;
1086	(e) An indication of whether the victim of the offense
1087	that resulted in the offender's status as a sexual offender was
1088	a minor;
1089	(f) The offense or offenses at conviction which resulted
1090	in the determination of the offender's status as a sex offender;
1091	and
1092	(g) A digitized photograph of the sexual offender which
1093	must have been taken within 60 days before the offender is
1094	released from the custody of the department or a private
1095	correctional facility by expiration of sentence under s. 944.275
1096	or must have been taken by January 1, 1998, or within 60 days
1097	after the onset of the department's supervision of any sexual
1098	offender who is on probation, community control, conditional
1099	release, parole, provisional release, or control release or who
1100	is supervised by the department under the Interstate Compact
1101	Agreement for Probationers and Parolees. If the sexual offender
1102	is in the custody of a private correctional facility, the
1103	facility shall take a digitized photograph of the sexual
1104	offender within the time period provided in this paragraph and
1105	shall provide the photograph to the department.
1106
1107	If any information provided by the department changes during the
1108	time the sexual offender is under the department's control,
1109	custody, or supervision, including any change in the offender's
1110	name by reason of marriage or other legal process, the
1111	department shall, in a timely manner, update the information and
1112	provide it to the Department of Law Enforcement in the manner
1113	prescribed in subsection (2).
1114	(13)
1115	(c) The sheriff's office may determine the appropriate
1116	times and days for reporting by the sexual offender, which shall
1117	be consistent with the reporting requirements of this
1118	subsection. Reregistration shall include any changes to the
1119	following information:
1120	1. Name; social security number; age; race; sex; date of
1121	birth; height; weight; hair and eye color; address of any
1122	permanent residence and address of any current temporary
1123	residence, within the state or out of state, including a rural
1124	route address and a post office box; if no permanent or
1125	temporary address, any transient residence; address, location or
1126	description, and dates of any current or known future temporary
1127	residence within the state or out of state; any electronic mail
1128	address and any instant message name required to be provided
1129	pursuant to s. 943.0435(4)(d); date and place of any employment;
1130	vehicle make, model, color, and license tag number;
1131	fingerprints; and photograph. A post office box shall not be
1132	provided in lieu of a physical residential address.
1133	2. If the sexual offender is enrolled, employed, or
1134	carrying on a vocation at an institution of higher education in
1135	this state, the sexual offender shall also provide to the
1136	department the name, address, and county of each institution,
1137	including each campus attended, and the sexual offender's
1138	enrollment or employment status.
1139	3. If the sexual offender's place of residence is a motor
1140	vehicle, trailer, mobile home, or manufactured home, as defined
1141	in chapter 320, the sexual offender shall also provide the
1142	vehicle identification number; the license tag number; the
1143	registration number; and a description, including color scheme,
1144	of the motor vehicle, trailer, mobile home, or manufactured
1145	home. If the sexual offender's place of residence is a vessel,
1146	live-aboard vessel, or houseboat, as defined in chapter 327, the
1147	sexual offender shall also provide the hull identification
1148	number; the manufacturer's serial number; the name of the
1149	vessel, live-aboard vessel, or houseboat; the registration
1150	number; and a description, including color scheme, of the
1151	vessel, live-aboard vessel or houseboat.
1152	4. Any sexual offender who fails to report in person as
1153	required at the sheriff's office, or who fails to respond to any
1154	address verification correspondence from the department within 3
1155	weeks of the date of the correspondence, or who fails to report
1156	electronic mail addresses or instant message names, commits a
1157	felony of the third degree, punishable as provided in s.
1158	775.082, s. 775.083, or s. 775.084.
1159	Section 9. Section 947.005, Florida Statutes, is amended
1160	to read:
1161	947.005 Definitions.-As used in this chapter, unless the
1162	context clearly indicates otherwise:
1163	(1)(8) "Authority" means the Control Release Authority.
1164	(2) "Child care facility" has the same meaning as provided
1165	in 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
1169	parole release date as determined by the presumptive parole
1170	release date, satisfactory institutional conduct, and an
1171	acceptable 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.
1174	775.215.
1175	(8)(4) "Presumptive parole release date" means the
1176	tentative parole release date as determined by objective parole
1177	guidelines.
1178	(9)(7) "Provisional release date" means the date projected
1179	for the prisoner's release from custody as determined pursuant
1180	to s. 944.277.
1181	(10)(9) "Qualified practitioner" means a social worker,
1182	mental health counselor, or a marriage and family therapist
1183	licensed under chapter 491 who, as determined by rule of the
1184	respective board, has the coursework, training, qualifications,
1185	and experience to evaluate and treat sexual offenders; a
1186	psychiatrist licensed under chapter 458 or chapter 459; or, a
1187	psychologist licensed under chapter 490, or a social worker, a
1188	mental health counselor, or a marriage and family therapist
1189	licensed under chapter 491 who practices in accordance with his
1190	or her respective practice act.
1191	(11)(10) "Risk assessment" means an assessment completed
1192	by an independent qualified practitioner to evaluate the level
1193	of risk associated when a sex offender has contact with a child.
1194	(12)(11) "Safety plan" means a written document prepared
1195	by the qualified practitioner, in collaboration with the sex
1196	offender, the child's parent or legal guardian, and, when
1197	appropriate, the child, which establishes clear roles and
1198	responsibilities for each individual involved in any contact
1199	between the child and the sex offender.
1200	(13) "School" has the same meaning as provided in s.
1201	775.215.
1202	(14)(3) "Secretary" means the Secretary of Corrections.
1203	(15)(6) "Tentative release date" means the date projected
1204	for the prisoner's release from custody by virtue of gain-time
1205	granted or forfeited pursuant to s. 944.275(3)(a).
1206	Section 10. Subsection (7) of section 947.1405, Florida
1207	Statutes, is amended, and subsection (12) is added to that
1208	section, to read:
1209	947.1405 Conditional release program.-
1210	(7)(a) Any inmate who is convicted of a crime committed on
1211	or after October 1, 1995, or who has been previously convicted
1212	of a crime committed on or after October 1, 1995, in violation
1213	of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
1214	847.0145, and is subject to conditional release supervision,
1215	shall have, in addition to any other conditions imposed, the
1216	following special conditions imposed by the commission:
1217	1. A mandatory curfew from 10 p.m. to 6 a.m. The
1218	commission may designate another 8-hour period if the offender's
1219	employment precludes the above specified time, and such
1220	alternative is recommended by the Department of Corrections. If
1221	the commission determines that imposing a curfew would endanger
1222	the victim, the commission may consider alternative sanctions.
1223	2. If the victim was under the age of 18, a prohibition on
1224	living within 1,000 feet of a school, child care facility day
1225	care center, park, playground, designated public school bus
1226	stop, or other place where children regularly congregate. A
1227	releasee who is subject to this subparagraph may not relocate to
1228	a residence that is within 1,000 feet of a public school bus
1229	stop. Beginning October 1, 2004, the commission or the
1230	department may not approve a residence that is located within
1231	1,000 feet of a school, child care facility day care center,
1232	park, playground, designated school bus stop, or other place
1233	where children regularly congregate for any releasee who is
1234	subject to this subparagraph. On October 1, 2004, the department
1235	shall notify each affected school district of the location of
1236	the residence of a releasee 30 days prior to release and
1237	thereafter, if the releasee relocates to a new residence, shall
1238	notify any affected school district of the residence of the
1239	releasee within 30 days after relocation. If, on October 1,
1240	2004, any public school bus stop is located within 1,000 feet of
1241	the existing residence of such releasee, the district school
1242	board shall relocate that school bus stop. Beginning October 1,
1243	2004, a district school board may not establish or relocate a
1244	public school bus stop within 1,000 feet of the residence of a
1245	releasee who is subject to this subparagraph. The failure of the
1246	district school board to comply with this subparagraph shall not
1247	result in a violation of conditional release supervision. A
1248	releasee who is subject to this subparagraph may not be forced
1249	to relocate and does not violate his or her conditional release
1250	supervision if he or she is living in a residence that meets the
1251	requirements of this subparagraph and a school, child care
1252	facility, park, playground, designated public school bus stop,
1253	or other place where children regularly congregate is
1254	subsequently established within 1,000 feet of his or her
1255	residence.
1256	3. Active participation in and successful completion of a
1257	sex offender treatment program with qualified practitioners
1258	specifically trained to treat sex offenders, at the releasee's
1259	own expense. If a qualified practitioner is not available within
1260	a 50-mile radius of the releasee's residence, the offender shall
1261	participate in other appropriate therapy.
1262	4. A prohibition on any contact with the victim, directly
1263	or indirectly, including through a third person, unless approved
1264	by the victim, a qualified practitioner in the sexual offender
1265	treatment program the offender's therapist, and the sentencing
1266	court.
1267	5. If the victim was under the age of 18, a prohibition
1268	against contact with children under the age of 18 without review
1269	and approval by the commission. The commission may approve
1270	supervised contact with a child under the age of 18 if the
1271	approval is based upon a recommendation for contact issued by a
1272	qualified practitioner who is basing the recommendation on a
1273	risk assessment. Further, the sex offender must be currently
1274	enrolled in or have successfully completed a sex offender
1275	therapy program. The commission may not grant supervised contact
1276	with a child if the contact is not recommended by a qualified
1277	practitioner and may deny supervised contact with a child at any
1278	time. When considering whether to approve supervised contact
1279	with a child, the commission must review and consider the
1280	following:
1281	a. A risk assessment completed by a qualified
1282	practitioner. The qualified practitioner must prepare a written
1283	report that must include the findings of the assessment and
1284	address 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
1287	apparent sexual motivation;
1288	(III) The sex offender's history of adult charges without
1289	apparent sexual motivation;
1290	(IV) The sex offender's history of juvenile charges,
1291	whenever available;
1292	(V) The sex offender's offender treatment history,
1293	including a consultation from the sex offender's treating, or
1294	most recent treating, therapist;
1295	(VI) The sex offender's current mental status;
1296	(VII) The sex offender's mental health and substance abuse
1297	history as provided by the Department of Corrections;
1298	(VIII) The sex offender's personal, social, educational,
1299	and work history;
1300	(IX) The results of current psychological testing of the
1301	sex offender if determined necessary by the qualified
1302	practitioner;
1303	(X) A description of the proposed contact, including the
1304	location, frequency, duration, and supervisory arrangement;
1305	(XI) The child's preference and relative comfort level
1306	with the proposed contact, when age-appropriate;
1307	(XII) The parent's or legal guardian's preference
1308	regarding the proposed contact; and
1309	(XIII) The qualified practitioner's opinion, along with
1310	the basis for that opinion, as to whether the proposed contact
1311	would likely pose significant risk of emotional or physical harm
1312	to the child.
1313
1314	The written report of the assessment must be given to the
1315	commission.
1316	b. A recommendation made as a part of the risk-assessment
1317	report as to whether supervised contact with the child should be
1318	approved;
1319	c. A written consent signed by the child's parent or legal
1320	guardian, if the parent or legal guardian is not the sex
1321	offender, agreeing to the sex offender having supervised contact
1322	with the child after receiving full disclosure of the sex
1323	offender's present legal status, past criminal history, and the
1324	results of the risk assessment. The commission may not approve
1325	contact with the child if the parent or legal guardian refuses
1326	to give written consent for supervised contact;
1327	d. A safety plan prepared by the qualified practitioner,
1328	who provides treatment to the offender, in collaboration with
1329	the sex offender, the child's parent or legal guardian, and the
1330	child, when age appropriate, which details the acceptable
1331	conditions of contact between the sex offender and the child.
1332	The safety plan must be reviewed and approved by the Department
1333	of Corrections before being submitted to the commission; and
1334	e. Evidence that the child's parent or legal guardian, if
1335	the parent or legal guardian is not the sex offender,
1336	understands the need for and agrees to the safety plan and has
1337	agreed to provide, or to designate another adult to provide,
1338	constant supervision any time the child is in contact with the
1339	offender.
1340
1341	The commission may not appoint a person to conduct a risk
1342	assessment and may not accept a risk assessment from a person
1343	who has not demonstrated to the commission that he or she has
1344	met the requirements of a qualified practitioner as defined in
1345	this section.
1346	6. If the victim was under age 18, a prohibition on
1347	working for pay or as a volunteer at any school, child care
1348	facility day care center, park, playground, or other place where
1349	children regularly congregate, as prescribed by the commission.
1350	7. Unless otherwise indicated in the treatment plan
1351	provided by a qualified practitioner in the sexual offender
1352	treatment program, a prohibition on viewing, owning, or
1353	possessing any obscene, pornographic, or sexually stimulating
1354	visual or auditory material, including telephone, electronic
1355	media, computer programs, or computer services that are relevant
1356	to the offender's deviant behavior pattern.
1357	8. Effective for a releasee whose crime is committed on or
1358	after July 1, 2005, a prohibition on accessing the Internet or
1359	other computer services until a qualified practitioner in the
1360	offender's sex offender treatment program, after a risk
1361	assessment is completed, approves and implements a safety plan
1362	for the offender's accessing or using the Internet or other
1363	computer services.
1364	9. A requirement that the releasee must submit two
1365	specimens of blood to the Florida Department of Law Enforcement
1366	to be registered with the DNA database.
1367	10. A requirement that the releasee make restitution to
1368	the victim, as determined by the sentencing court or the
1369	commission, for all necessary medical and related professional
1370	services relating to physical, psychiatric, and psychological
1371	care.
1372	11. Submission to a warrantless search by the community
1373	control or probation officer of the probationer's or community
1374	controllee's person, residence, or vehicle.
1375	(b) For a releasee whose crime was committed on or after
1376	October 1, 1997, in violation of chapter 794, s. 800.04, s.
1377	827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
1378	conditional release supervision, in addition to any other
1379	provision of this subsection, the commission shall impose the
1380	following additional conditions of conditional release
1381	supervision:
1382	1. As part of a treatment program, participation in a
1383	minimum of one annual polygraph examination to obtain
1384	information necessary for risk management and treatment and to
1385	reduce the sex offender's denial mechanisms. The polygraph
1386	examination must be conducted by a polygrapher who is a member
1387	of a national or state polygraph association and who is
1388	certified as a postconviction sex offender polygrapher trained
1389	specifically in the use of the polygraph for the monitoring of
1390	sex offenders, where available, and at the expense of the
1391	releasee sex offender. The results of the examination shall be
1392	provided to the releasee's probation officer and qualified
1393	practitioner and may not be used as evidence in a hearing to
1394	prove that a violation of supervision has occurred.
1395	2. Maintenance of a driving log and a prohibition against
1396	driving a motor vehicle alone without the prior approval of the
1397	supervising officer.
1398	3. A prohibition against obtaining or using a post office
1399	box without the prior approval of the supervising officer.
1400	4. If there was sexual contact, a submission to, at the
1401	releasee's probationer's or community controllee's expense, an
1402	HIV test with the results to be released to the victim or the
1403	victim's parent or guardian.
1404	5. Electronic monitoring of any form when ordered by the
1405	commission. Any person who has been placed under supervision and
1406	is electronically monitored by the department must pay the
1407	department for the cost of the electronic monitoring service at
1408	a rate that may not exceed the full cost of the monitoring
1409	service. Funds collected under this subparagraph shall be
1410	deposited into the General Revenue Fund. The department may
1411	exempt a person from the payment of all or any part of the
1412	electronic monitoring service cost if the department finds that
1413	any of the factors listed in s. 948.09(3) exist.
1414	(12) In addition to all other conditions imposed, for a
1415	releasee who is subject to conditional release for a crime that
1416	was committed on or after the effective date of this act, and
1417	who has been convicted at any time of committing, or attempting,
1418	soliciting, or conspiring to commit, any of the criminal
1419	offenses listed in s. 943.0435(1)(a)1.a.(I), or a similar
1420	offense in another jurisdiction against a victim who was under
1421	18 years of age at the time of the offense, if the releasee has
1422	not received a pardon for any felony or similar law of another
1423	jurisdiction necessary for the operation of this subsection, if
1424	a conviction of a felony or similar law of another jurisdiction
1425	necessary for the operation of this subsection has not been set
1426	aside in any postconviction proceeding, or if the releasee has
1427	not been removed from the requirement to register as a sexual
1428	offender or sexual predator pursuant to s. 943.04354, the
1429	commission must impose the following conditions:
1430	(a) A prohibition on visiting schools, child care
1431	facilities, parks, and playgrounds without prior approval from
1432	the releasee's supervising officer. The commission may also
1433	designate additional prohibited locations to protect a victim.
1434	The prohibition ordered under this paragraph does not prohibit
1435	the releasee from visiting a school, child care facility, park,
1436	or playground for the sole purpose of attending a religious
1437	service as defined in s. 775.0861 or picking up or dropping off
1438	the releasee's child or grandchild at a child care facility or
1439	school.
1440	(b) A prohibition on distributing candy or other items to
1441	children on Halloween; wearing a Santa Claus costume, or other
1442	costume to appeal to children, on or preceding Christmas;
1443	wearing an Easter Bunny costume, or other costume to appeal to
1444	children, on or preceding Easter; entertaining at children's
1445	parties; or wearing a clown costume without prior approval from
1446	the commission.
1447	Section 11. Section 948.001, Florida Statutes, is amended
1448	to read:
1449	948.001 Definitions.-As used in this chapter, the term:
1450	(1) "Administrative probation" means a form of noncontact
1451	supervision in which an offender who presents a low risk of harm
1452	to the community may, upon satisfactory completion of half the
1453	term of probation, be transferred by the Department of
1454	Corrections to nonreporting status until expiration of the term
1455	of supervision.
1456	(2) "Child care facility" has the same meaning as provided
1457	in s. 402.302.
1458	(3)(2) "Community control" means a form of intensive,
1459	supervised custody in the community, including surveillance on
1460	weekends and holidays, administered by officers with restricted
1461	caseloads. Community control is an individualized program in
1462	which the freedom of an offender is restricted within the
1463	community, home, or noninstitutional residential placement and
1464	specific sanctions are imposed and enforced.
1465	(4)(9) "Community residential drug punishment center"
1466	means a residential drug punishment center designated by the
1467	Department of Corrections. The Department of Corrections shall
1468	adopt rules as necessary to define and operate such a center.
1469	(5)(3) "Criminal quarantine community control" means
1470	intensive supervision, by officers with restricted caseloads,
1471	with a condition of 24-hour-per-day electronic monitoring, and a
1472	condition of confinement to a designated residence during
1473	designated hours.
1474	(6)(4) "Drug offender probation" means a form of intensive
1475	supervision that which emphasizes treatment of drug offenders in
1476	accordance with individualized treatment plans administered by
1477	officers with restricted caseloads. Caseloads should be
1478	restricted to a maximum of 50 cases per officer in order to
1479	ensure 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.
1482	775.215.
1483	(9)(5) "Probation" means a form of community supervision
1484	requiring specified contacts with parole and probation officers
1485	and other terms and conditions as provided in s. 948.03.
1486	(10)(6) "Qualified practitioner" means a social worker,
1487	mental health counselor, or a marriage and family therapist
1488	licensed under chapter 491 who, as determined by rule of the
1489	respective board, has the coursework, training, qualifications,
1490	and experience to evaluate and treat sexual offenders; a
1491	psychiatrist licensed under chapter 458 or chapter 459; or, a
1492	psychologist licensed under chapter 490, or a social worker, a
1493	mental health counselor, or a marriage and family therapist
1494	licensed under chapter 491 who practices in accordance with his
1495	or her respective practice act.
1496	(11)(7) "Risk assessment" means an assessment completed by
1497	a an independent qualified practitioner to evaluate the level of
1498	risk associated when a sex offender has contact with a child.
1499	(12)(8) "Safety plan" means a written document prepared by
1500	the qualified practitioner, in collaboration with the sex
1501	offender, the child's parent or legal guardian, and, when
1502	appropriate, the child which establishes clear roles and
1503	responsibilities for each individual involved in any contact
1504	between the child and the sex offender.
1505	(13) "School" has the same meaning as provided in s.
1506	775.215.
1507	(14)(10) "Sex offender probation" or "sex offender
1508	community control" means a form of intensive supervision, with
1509	or without electronic monitoring, which emphasizes treatment and
1510	supervision of a sex offender in accordance with an
1511	individualized treatment plan administered by an officer who has
1512	a restricted caseload and specialized training. An officer who
1513	supervises an offender placed on sex offender probation or sex
1514	offender community control must meet as necessary with a
1515	treatment provider and polygraph examiner to develop and
1516	implement the supervision and treatment plan, if a treatment
1517	provider and polygraph examiner specially trained in the
1518	treatment and monitoring of sex offenders are reasonably
1519	available.
1520	Section 12. Subsection (1) and paragraph (a) of subsection
1521	(2) of section 948.30, Florida Statutes, are amended, and
1522	subsection (4) is added to that section, to read:
1523	948.30 Additional terms and conditions of probation or
1524	community control for certain sex offenses.-Conditions imposed
1525	pursuant to this section do not require oral pronouncement at
1526	the time of sentencing and shall be considered standard
1527	conditions of probation or community control for offenders
1528	specified in this section.
1529	(1) Effective for probationers or community controllees
1530	whose crime was committed on or after October 1, 1995, and who
1531	are placed under supervision for violation of chapter 794, s.
1532	800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court
1533	must impose the following conditions in addition to all other
1534	standard and special conditions imposed:
1535	(a) A mandatory curfew from 10 p.m. to 6 a.m. The court
1536	may designate another 8-hour period if the offender's employment
1537	precludes the above specified time, and the alternative is
1538	recommended by the Department of Corrections. If the court
1539	determines that imposing a curfew would endanger the victim, the
1540	court may consider alternative sanctions.
1541	(b) If the victim was under the age of 18, a prohibition
1542	on living within 1,000 feet of a school, child care facility day
1543	care center, park, playground, or other place where children
1544	regularly congregate, as prescribed by the court. The 1,000-foot
1545	distance shall be measured in a straight line from the
1546	offender's place of residence to the nearest boundary line of
1547	the school, child care facility day care center, park,
1548	playground, or other place where children congregate. The
1549	distance may not be measured by a pedestrian route or automobile
1550	route. A probationer or community controllee who is subject to
1551	this paragraph may not be forced to relocate and does not
1552	violate his or her probation or community control if he or she
1553	is living in a residence that meets the requirements of this
1554	paragraph and a school, child care facility, park, playground,
1555	or other place where children regularly congregate is
1556	subsequently established within 1,000 feet of his or her
1557	residence.
1558	(c) Active participation in and successful completion of a
1559	sex offender treatment program with qualified practitioners
1560	specifically trained to treat sex offenders, at the
1561	probationer's or community controllee's own expense. If a
1562	qualified practitioner is not available within a 50-mile radius
1563	of the probationer's or community controllee's residence, the
1564	offender shall participate in other appropriate therapy.
1565	(d) A prohibition on any contact with the victim, directly
1566	or indirectly, including through a third person, unless approved
1567	by the victim, a qualified practitioner in the sexual offender
1568	treatment program the offender's therapist, and the sentencing
1569	court.
1570	(e) If the victim was under the age of 18, a prohibition
1571	on contact with a child under the age of 18 except as provided
1572	in this paragraph. The court may approve supervised contact with
1573	a child under the age of 18 if the approval is based upon a
1574	recommendation for contact issued by a qualified practitioner
1575	who is basing the recommendation on a risk assessment. Further,
1576	the sex offender must be currently enrolled in or have
1577	successfully completed a sex offender therapy program. The court
1578	may not grant supervised contact with a child if the contact is
1579	not recommended by a qualified practitioner and may deny
1580	supervised contact with a child at any time. When considering
1581	whether to approve supervised contact with a child, the court
1582	must review and consider the following:
1583	1. A risk assessment completed by a qualified
1584	practitioner. The qualified practitioner must prepare a written
1585	report that must include the findings of the assessment and
1586	address 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
1589	apparent sexual motivation;
1590	c. The sex offender's history of adult charges without
1591	apparent sexual motivation;
1592	d. The sex offender's history of juvenile charges,
1593	whenever available;
1594	e. The sex offender's offender treatment history,
1595	including consultations with the sex offender's treating, or
1596	most recent treating, therapist;
1597	f. The sex offender's current mental status;
1598	g. The sex offender's mental health and substance abuse
1599	treatment history as provided by the Department of Corrections;
1600	h. The sex offender's personal, social, educational, and
1601	work history;
1602	i. The results of current psychological testing of the sex
1603	offender if determined necessary by the qualified practitioner;
1604	j. A description of the proposed contact, including the
1605	location, frequency, duration, and supervisory arrangement;
1606	k. The child's preference and relative comfort level with
1607	the proposed contact, when age appropriate;
1608	l. The parent's or legal guardian's preference regarding
1609	the proposed contact; and
1610	m. The qualified practitioner's opinion, along with the
1611	basis for that opinion, as to whether the proposed contact would
1612	likely pose significant risk of emotional or physical harm to
1613	the child.
1614
1615	The written report of the assessment must be given to the court;
1616	2. A recommendation made as a part of the risk assessment
1617	report as to whether supervised contact with the child should be
1618	approved;
1619	3. A written consent signed by the child's parent or legal
1620	guardian, if the parent or legal guardian is not the sex
1621	offender, agreeing to the sex offender having supervised contact
1622	with the child after receiving full disclosure of the sex
1623	offender's present legal status, past criminal history, and the
1624	results of the risk assessment. The court may not approve
1625	contact with the child if the parent or legal guardian refuses
1626	to give written consent for supervised contact;
1627	4. A safety plan prepared by the qualified practitioner,
1628	who provides treatment to the offender, in collaboration with
1629	the sex offender, the child's parent or legal guardian, if the
1630	parent or legal guardian is not the sex offender, and the child,
1631	when age appropriate, which details the acceptable conditions of
1632	contact between the sex offender and the child. The safety plan
1633	must be reviewed and approved by the court; and
1634	5. Evidence that the child's parent or legal guardian
1635	understands the need for and agrees to the safety plan and has
1636	agreed to provide, or to designate another adult to provide,
1637	constant supervision any time the child is in contact with the
1638	offender.
1639
1640	The court may not appoint a person to conduct a risk assessment
1641	and may not accept a risk assessment from a person who has not
1642	demonstrated to the court that he or she has met the
1643	requirements of a qualified practitioner as defined in this
1644	section.
1645	(f) If the victim was under age 18, a prohibition on
1646	working for pay or as a volunteer at any place where children
1647	regularly congregate, including, but not limited to, schools,
1648	child care facilities day care centers, parks, playgrounds, pet
1649	stores, libraries, zoos, theme parks, and malls.
1650	(g) Unless otherwise indicated in the treatment plan
1651	provided by a qualified practitioner in the sexual offender
1652	treatment program, a prohibition on viewing, accessing, owning,
1653	or possessing any obscene, pornographic, or sexually stimulating
1654	visual or auditory material, including telephone, electronic
1655	media, computer programs, or computer services that are relevant
1656	to the offender's deviant behavior pattern.
1657	(h) Effective for probationers and community controllees
1658	whose crime is committed on or after July 1, 2005, a prohibition
1659	on accessing the Internet or other computer services until a
1660	qualified practitioner in the offender's sex offender treatment
1661	program, after a risk assessment is completed, approves and
1662	implements a safety plan for the offender's accessing or using
1663	the Internet or other computer services.
1664	(i) A requirement that the probationer or community
1665	controllee must submit a specimen of blood or other approved
1666	biological specimen to the Department of Law Enforcement to be
1667	registered with the DNA data bank.
1668	(j) A requirement that the probationer or community
1669	controllee make restitution to the victim, as ordered by the
1670	court under s. 775.089, for all necessary medical and related
1671	professional services relating to physical, psychiatric, and
1672	psychological care.
1673	(k) Submission to a warrantless search by the community
1674	control or probation officer of the probationer's or community
1675	controllee's person, residence, or vehicle.
1676	(2) Effective for a probationer or community controllee
1677	whose crime was committed on or after October 1, 1997, and who
1678	is placed on community control or sex offender probation for a
1679	violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1680	or s. 847.0145, in addition to any other provision of this
1681	section, the court must impose the following conditions of
1682	probation or community control:
1683	(a) As part of a treatment program, participation at least
1684	annually in polygraph examinations to obtain information
1685	necessary for risk management and treatment and to reduce the
1686	sex offender's denial mechanisms. A polygraph examination must
1687	be conducted by a polygrapher who is a member of a national or
1688	state polygraph association and who is certified as a
1689	postconviction sex offender polygrapher trained specifically in
1690	the use of the polygraph for the monitoring of sex offenders,
1691	where available, and shall be paid for by the probationer or
1692	community controllee sex offender. The results of the polygraph
1693	examination shall be provided to the probationer's or community
1694	controllee's probation officer and qualified practitioner and
1695	shall not be used as evidence in court to prove that a violation
1696	of community supervision has occurred.
1697	(4) In addition to all other conditions imposed, for a
1698	probationer or community controllee who is subject to
1699	supervision for a crime that was committed on or after the
1700	effective date of this act, and who has been convicted at any
1701	time of committing, or attempting, soliciting, or conspiring to
1702	commit, any of the criminal offenses listed in s.
1703	943.0435(1)(a)1.a.(I), or a similar offense in another
1704	jurisdiction, against a victim who was under the age of 18 at
1705	the time of the offense; if the offender has not received a
1706	pardon for any felony or similar law of another jurisdiction
1707	necessary for the operation of this subsection, if a conviction
1708	of a felony or similar law of another jurisdiction necessary for
1709	the operation of this subsection has not been set aside in any
1710	postconviction proceeding, or if the offender has not been
1711	removed from the requirement to register as a sexual offender or
1712	sexual predator pursuant to s. 943.04354, the court must impose
1713	the following conditions:
1714	(a) A prohibition on visiting schools, child care
1715	facilities, parks, and playgrounds, without prior approval from
1716	the offender's supervising officer. The court may also designate
1717	additional locations to protect a victim. The prohibition
1718	ordered under this paragraph does not prohibit the offender from
1719	visiting a school, child care facility, park, or playground for
1720	the sole purpose of attending a religious service as defined in
1721	s. 775.0861 or picking up or dropping off the offender's
1722	children or grandchildren at a child care facility or school.
1723	(b) A prohibition on distributing candy or other items to
1724	children on Halloween; wearing a Santa Claus costume, or other
1725	costume to appeal to children, on or preceding Christmas;
1726	wearing an Easter Bunny costume, or other costume to appeal to
1727	children, on or preceding Easter; entertaining at children's
1728	parties; or wearing a clown costume; without prior approval from
1729	the court.
1730	Section 13. Section 948.31, Florida Statutes, is amended
1731	to read:
1732	948.31 Diagnosis, Evaluation, and treatment of sexual
1733	predators and offenders placed on probation or community control
1734	for certain sex offenses or child exploitation.-The court shall
1735	require an a diagnosis and evaluation by a qualified
1736	practitioner to determine the need of a probationer or community
1737	controlee offender in community control for treatment.
1738	court determines that a need therefor is established by the such
1739	diagnosis and evaluation process, the court shall require sexual
1740	offender treatment outpatient counseling as a term or condition
1741	of probation or community control for any person who is required
1742	to register as a sexual predator under s. 775.21 or sexual
1743	offender under s. 943.0435, s. 944.606, or s. 944.607. was found
1744	guilty of any of the following, or whose plea of guilty or nolo
1745	contendere to any of the following was accepted by the court:
1746	(1) Lewd or lascivious battery, lewd or lascivious
1747	molestation, lewd or lascivious conduct, or lewd or lascivious
1748	exhibition, as defined in s. 800.04 or s. 847.0135(5).
1749	(2) Sexual battery, as defined in chapter 794, against a
1750	child.
1751	(3) Exploitation of a child as provided in s. 450.151, or
1752	for prostitution.
1753
1754	Such treatment counseling shall be required to be obtained from
1755	a qualified practitioner as defined in s. 948.001. Treatment may
1756	not be administered by a qualified practitioner who has been
1757	convicted or adjudicated delinquent of committing, or
1758	attempting, soliciting, or conspiring to commit, any offense
1759	that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1760	impose a restriction against contact with minors if sexual
1761	offender treatment is recommended a community mental health
1762	center, a recognized social service agency providing mental
1763	health services, or a private mental health professional or
1764	through other professional counseling. The evaluation and
1765	recommendations plan for treatment of counseling for the
1766	probationer or community controlee individual shall be provided
1767	to the court for review.
1768	Section 14. Paragraph (a) of subsection (3) of section
1769	985.481, Florida Statutes, is amended to read:
1770	985.481 Sexual offenders adjudicated delinquent;
1771	notification upon release.-
1772	(3)(a) The department must provide information regarding
1773	any sexual offender who is being released after serving a period
1774	of residential commitment under the department for any offense,
1775	as follows:
1776	1. The department must provide the sexual offender's name,
1777	any change in the offender's name by reason of marriage or other
1778	legal process, and any alias, if known; the correctional
1779	facility from which the sexual offender is released; the sexual
1780	offender's social security number, race, sex, date of birth,
1781	height, weight, and hair and eye color; address of any planned
1782	permanent residence or temporary residence, within the state or
1783	out of state, including a rural route address and a post office
1784	box; if no permanent or temporary address, any transient
1785	residence within the state; address, location or description,
1786	and dates of any known future temporary residence within the
1787	state or out of state; date and county of disposition and each
1788	crime for which there was a disposition; a copy of the
1789	offender's fingerprints and a digitized photograph taken within
1790	60 days before release; the date of release of the sexual
1791	offender; and home telephone number and any cellular telephone
1792	number; and the offender's intended residence address, if known.
1793	The department shall notify the Department of Law Enforcement if
1794	the sexual offender escapes, absconds, or dies. If the sexual
1795	offender is in the custody of a private correctional facility,
1796	the facility shall take the digitized photograph of the sexual
1797	offender within 60 days before the sexual offender's release and
1798	also place it in the sexual offender's file. If the sexual
1799	offender is in the custody of a local jail, the custodian of the
1800	local jail shall register the offender within 3 business days
1801	after intake of the offender for any reason and upon release,
1802	and shall notify the Department of Law Enforcement of the sexual
1803	offender's release and provide to the Department of Law
1804	Enforcement the information specified in this subparagraph and
1805	any information specified in subparagraph 2. which the
1806	Department of Law Enforcement requests.
1807	2. The department may provide any other information
1808	considered necessary, including criminal and delinquency
1809	records, when available.
1810	Section 15. Paragraph (a) of subsection (4), paragraph (a)
1811	of subsection (6), and paragraph (b) of subsection (13) of
1812	section 985.4815, Florida Statutes, are amended to read:
1813	985.4815 Notification to Department of Law Enforcement of
1814	information on juvenile sexual offenders.-
1815	(4) A sexual offender, as described in this section, who
1816	is under the supervision of the department but who is not
1817	committed must register with the department within 3 business
1818	days after adjudication and disposition for a registrable
1819	offense and otherwise provide information as required by this
1820	subsection.
1821	(a) The sexual offender shall provide his or her name;
1822	date of birth; social security number; race; sex; height;
1823	weight; hair and eye color; tattoos or other identifying marks;
1824	and permanent or legal residence and address of temporary
1825	residence within the state or out of state while the sexual
1826	offender is in the care or custody or under the jurisdiction or
1827	supervision of the department in this state, including any rural
1828	route address or post office box; if no permanent or temporary
1829	address, any transient residence; address, location or
1830	description, and dates of any current or known future temporary
1831	residence within the state or out of state;, and the name and
1832	address of each school attended. The department shall verify the
1833	address of each sexual offender and shall report to the
1834	Department of Law Enforcement any failure by a sexual offender
1835	to comply with registration requirements.
1836	(6)(a) The information provided to the Department of Law
1837	Enforcement must include the following:
1838	1. The information obtained from the sexual offender under
1839	subsection (4).
1840	2. The sexual offender's most current address and place of
1841	permanent, or temporary, or transient residence within the state
1842	or out of state, and address, location or description, and dates
1843	of any current or known future temporary residence within the
1844	state or out of state, while the sexual offender is in the care
1845	or custody or under the jurisdiction or supervision of the
1846	department in this state, including the name of the county or
1847	municipality in which the offender permanently or temporarily
1848	resides, or has a transient residence, and address, location or
1849	description, and dates of any current or known future temporary
1850	residence within the state or out of state; and, if known, the
1851	intended place of permanent, or temporary, or transient
1852	residence, and address, location or description, and dates of
1853	any current or known future temporary residence within the state
1854	or out of state upon satisfaction of all sanctions.
1855	3. The legal status of the sexual offender and the
1856	scheduled termination date of that legal status.
1857	4. The location of, and local telephone number for, any
1858	department office that is responsible for supervising the sexual
1859	offender.
1860	5. An indication of whether the victim of the offense that
1861	resulted in the offender's status as a sexual offender was a
1862	minor.
1863	6. The offense or offenses at adjudication and disposition
1864	that resulted in the determination of the offender's status as a
1865	sex offender.
1866	7. A digitized photograph of the sexual offender, which
1867	must have been taken within 60 days before the offender was
1868	released from the custody of the department or a private
1869	correctional facility by expiration of sentence under s.
1870	944.275, or within 60 days after the onset of the department's
1871	supervision of any sexual offender who is on probation,
1872	postcommitment probation, residential commitment, nonresidential
1873	commitment, licensed child-caring commitment, community control,
1874	conditional release, parole, provisional release, or control
1875	release or who is supervised by the department under the
1876	Interstate Compact Agreement for Probationers and Parolees. If
1877	the sexual offender is in the custody of a private correctional
1878	facility, the facility shall take a digitized photograph of the
1879	sexual offender within the time period provided in this
1880	subparagraph and shall provide the photograph to the department.
1881	(13)
1882	(b) The sheriff's office may determine the appropriate
1883	times and days for reporting by the sexual offender, which shall
1884	be consistent with the reporting requirements of this
1885	subsection. Reregistration shall include any changes to the
1886	following information:
1887	1. Name; social security number; age; race; sex; date of
1888	birth; height; weight; hair and eye color; address of any
1889	permanent residence and address of any current temporary
1890	residence, within the state or out of state, including a rural
1891	route address and a post office box; if no permanent or
1892	temporary address, any transient residence; address, location or
1893	description, and dates of any current or known future temporary
1894	residence within the state or out of state; name and address of
1895	each school attended; date and place of any employment; vehicle
1896	make, model, color, and license tag number; fingerprints; and
1897	photograph. A post office box shall not be provided in lieu of a
1898	physical residential address.
1899	2. If the sexual offender is enrolled, employed, or
1900	carrying on a vocation at an institution of higher education in
1901	this state, the sexual offender shall also provide to the
1902	department the name, address, and county of each institution,
1903	including each campus attended, and the sexual offender's
1904	enrollment or employment status.
1905	3. If the sexual offender's place of residence is a motor
1906	vehicle, trailer, mobile home, or manufactured home, as defined
1907	in chapter 320, the sexual offender shall also provide the
1908	vehicle identification number; the license tag number; the
1909	registration number; and a description, including color scheme,
1910	of the motor vehicle, trailer, mobile home, or manufactured
1911	home. If the sexual offender's place of residence is a vessel,
1912	live-aboard vessel, or houseboat, as defined in chapter 327, the
1913	sexual offender shall also provide the hull identification
1914	number; the manufacturer's serial number; the name of the
1915	vessel, live-aboard vessel, or houseboat; the registration
1916	number; and a description, including color scheme, of the
1917	vessel, live-aboard vessel, or houseboat.
1918	4. Any sexual offender who fails to report in person as
1919	required at the sheriff's office, or who fails to respond to any
1920	address verification correspondence from the department within 3
1921	weeks after the date of the correspondence, commits a felony of
1922	the third degree, punishable as provided in ss. 775.082,
1923	775.083, and 775.084.
1924	Section 16. The Legislature intends that nothing in this
1925	act reduce or diminish a court's jurisdiction.
1926	Section 17. If any provision of this act or its
1927	application to any person or circumstance is held invalid, the
1928	invalidity does not affect other provisions or applications of
1929	this act which can be given effect without the invalid provision
1930	or application, and to this end the provisions of this act are
1931	declared severable.
1932	Section 18. The Division of Statutory Revision is directed
1933	to replace the phrase "the effective date of this act" wherever
1934	it occurs in this act with the date this act becomes a law.
1935	Section 19. This act shall take effect upon becoming a
1936	law.

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