Bill Text: FL S1314 | 2010 | Regular Session | Comm Sub
Bill Title: Sexually Violent Predators [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Policy & Steering Committee on Ways and Means, companion bill(s) passed, see CS/CS/HB 119 (Ch. 2010-92) [S1314 Detail]
Download: Florida-2010-S1314-Comm_Sub.html
Florida Senate - 2010 CS for SB 1314 By the Committee on Judiciary; and Senator Storms 590-04764-10 20101314c1 1 A bill to be entitled 2 An act relating to sexually violent predators; 3 amending s. 394.912, F.S.; clarifying the definition 4 of the term “sexually violent offense” to include a 5 felony criminal act that has been determined beyond a 6 reasonable doubt to have been sexually motivated; 7 amending s. 394.913, F.S.; requiring the Department of 8 Children and Family Services to prioritize the 9 assessment of certain offenders for whom written 10 assessments and recommendations have not been 11 completed within a specified period; amending s. 12 394.9135, F.S.; revising the period within which the 13 department’s multidisciplinary team is required to 14 provide an assessment to the state attorney regarding 15 certain offenders and file a petition with the circuit 16 court alleging that an offender is a sexually violent 17 predator; creating s. 394.933, F.S.; prohibiting the 18 introduction or attempted introduction of certain 19 items into or upon the grounds of any facility for the 20 detention of sexually violent predators; providing an 21 exception; providing that it is unlawful to transmit, 22 attempt to transmit, or cause or attempt to cause any 23 prohibited items to be transmitted or received by any 24 person incarcerated in such a facility; providing that 25 all persons or vehicles entering the grounds of such a 26 facility are subject to reasonable search for and 27 seizure of prohibited items; providing for the 28 enforcement of certain provisions of state law; 29 providing that a person who introduces or attempts to 30 introduce a prohibited item on the grounds of a 31 facility for the detention of sexually violent 32 predators commits a felony of the third degree; 33 amending s. 775.21, F.S.; revising and providing 34 definitions; revising provisions relating to residence 35 reporting requirements for sexual predators; creating 36 s. 856.022, F.S.; enhancing the penalty for loitering 37 or prowling by certain offenders within a specified 38 distance of certain places where children congregate; 39 prohibiting certain actions toward a child at a public 40 park or playground by certain offenders; prohibiting 41 the presence of certain offenders at or on real 42 property comprising a child care facility or pre-K 43 through 12 school without notice and supervision; 44 providing exceptions; providing penalties; providing 45 an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. Subsection (9) of section 394.912, Florida 50 Statutes, is amended to read: 51 394.912 Definitions.—As used in this part, the term: 52 (9) “Sexually violent offense” means: 53 (a) Murder of a human being while engaged in sexual battery 54 in violation of s. 782.04(1)(a)2.; 55 (b) Kidnapping of a child under the age of 13 and, in the 56 course of that offense, committing: 57 1. Sexual battery; or 58 2. A lewd, lascivious, or indecent assault or act upon or 59 in the presence of the child; 60 (c) Committing the offense of false imprisonment upon a 61 child under the age of 13 and, in the course of that offense, 62 committing: 63 1. Sexual battery; or 64 2. A lewd, lascivious, or indecent assault or act upon or 65 in the presence of the child; 66 (d) Sexual battery in violation of s. 794.011; 67 (e) Lewd, lascivious, or indecent assault or act upon or in 68 presence of the child in violation of s. 800.04 or s. 69 847.0135(5); 70 (f) An attempt, criminal solicitation, or conspiracy, in 71 violation of s. 777.04, of a sexually violent offense; 72 (g) Any conviction for a felony offense in effect at any 73 time before October 1, 1998, which is comparable to a sexually 74 violent offense under paragraphs (a)-(f) or any federal 75 conviction or conviction in another state for a felony offense 76 that in this state would be a sexually violent offense; or 77 (h) Any felony criminal act that, either at the time of 78 sentencing for the offense or subsequently during civil 79 commitment proceedings under this part, has been determined 80 beyond a reasonable doubt to have been sexually motivated. 81 Section 2. Paragraph (e) of subsection (3) of section 82 394.913, Florida Statutes, is amended to read: 83 394.913 Notice to state attorney and multidisciplinary team 84 of release of sexually violent predator; establishing 85 multidisciplinary teams; information to be provided to 86 multidisciplinary teams.— 87 (3) 88 (e)1. Within 180 days after receiving notice, there shall 89 be a written assessment as to whether the person meets the 90 definition of a sexually violent predator and a written 91 recommendation, which shall be provided to the state attorney. 92 The written recommendation shall be provided by the Department 93 of Children and Family Services and shall include the written 94 report of the multidisciplinary team. 95 2. The timeframes in this section notwithstanding, when 96 there are individuals for whom the written assessment and 97 recommendation have not been completed by 365 days before their 98 release from total confinement, the department shall prioritize 99 the assessment of those individuals based on their release date. 100 Section 3. Subsections (2) and (3) of section 394.9135, 101 Florida Statutes, are amended to read: 102 394.9135 Immediate releases from total confinement; 103 transfer of person to department; time limitations on 104 assessment, notification, and filing petition to hold in 105 custody; filing petition after release.— 106 (2) Within 72 hours after transfer, the multidisciplinary 107 team shall assess whether the person meets the definition of a 108 sexually violent predator. If the multidisciplinary team 109 determines that the person does not meet the definition of a 110 sexually violent predator, that person shall be immediately 111 released. If the multidisciplinary team determines that the 112 person meets the definition of a sexually violent predator, the 113 team shall provide the state attorney, as designated by s. 114 394.913, with its written assessment and recommendation within 115 the 72-hour period or, if the 72-hour period ends after 5 p.m. 116 on a work day or on a weekend or holiday, within the next 117 working day thereafter. 118 (3) Within 48 hours after receipt of the written assessment 119 and recommendation from the multidisciplinary team, the state 120 attorney, as designated in s. 394.913, may file a petition with 121 the circuit court alleging that the person is a sexually violent 122 predator and stating facts sufficient to support such 123 allegation. If a petition is not filed within 48 hours after 124 receipt of the written assessment and recommendation by the 125 state attorney, the person shall be immediately released, except 126 that if the 48-hour period ends after 5 p.m. on a work day or on 127 a weekend or holiday, the petition may be filed on the next work 128 day without resulting in the person’s release. If a petition is 129 filed pursuant to this section and the judge determines that 130 there is probable cause to believe that the person is a sexually 131 violent predator, the judge shall order the person be maintained 132 in custody and held in an appropriate secure facility for 133 further proceedings in accordance with this part. 134 Section 4. Section 394.933, Florida Statutes, is created to 135 read: 136 394.933 Introduction or removal of certain articles 137 unlawful; penalty.— 138 (1)(a) Except as authorized by law or as specifically 139 authorized by the person in charge of a facility, it is unlawful 140 to introduce into or upon the grounds of any facility for 141 commitment or detention of sexually violent predators under this 142 part, or to take or attempt to take or send therefrom, any of 143 the following articles, which are declared to be contraband for 144 the purposes of this section: 145 1. Any intoxicating beverage or beverage that causes or may 146 cause an intoxicating effect; 147 2. Any controlled substance as defined in chapter 893; 148 3. Any firearm or deadly weapon; or 149 4. Any other item that is designated as contraband by rule 150 of the department or the agency with jurisdiction based upon a 151 determination that the item is hazardous to the welfare of 152 clients or the operation of the facility. 153 (b) It is unlawful to transmit to, attempt to transmit to, 154 or cause or attempt to cause to be transmitted to or received by 155 any client of any facility under the supervision or control of 156 the department or agency any article or thing declared by this 157 section to be contraband, at any place that is outside the 158 grounds of such facility, except as authorized by law or as 159 specifically authorized by the person in charge of such 160 facility. 161 (2)(a) All individuals or vehicles entering the grounds of 162 any facility to which this section applies are subject to 163 reasonable search and seizure of any contraband materials 164 introduced into or upon the grounds of such facility for the 165 purpose of enforcing this section. This paragraph shall be 166 enforced by institutional security personnel or by a law 167 enforcement officer as defined in s. 943.10. 168 (b) A person who violates subsection (1) commits a felony 169 of the third degree, punishable as provided in s. 775.082, s. 170 775.083, or s. 775.084. 171 Section 5. Paragraph (g) of subsection (2), paragraph (c) 172 of subsection (4), paragraph (a) of subsection (5), paragraphs 173 (a), (f), (g), (i), and (j) of subsection (6), paragraph (a) of 174 subsection (7), and paragraph (a) of subsection (8) of section 175 775.21, Florida Statutes, are amended, and paragraph (l) is 176 added to subsection (2) of that section, to read: 177 775.21 The Florida Sexual Predators Act.— 178 (2) DEFINITIONS.—As used in this section, the term: 179 (g) “Temporary residence” means a place where the person 180 abides, lodges, or resides, including, but not limited to, 181 vacation, business, or personal travel destinations in or out of 182 this state, for a period of 5 or more days in the aggregate 183 during any calendar year and which is not the person’s permanent 184 address or, for a person whose permanent residence is not in 185 this state, a place where the person is employed, practices a 186 vocation, or is enrolled as a student for any period of time in 187 this state. 188 (l) “Transient residence” means a place or county where a 189 person lives, remains, or is located for a period of 5 or more 190 days in the aggregate during a calendar year and which is not 191 the person’s permanent or temporary address. The term includes, 192 but is not limited to, a place where the person sleeps or seeks 193 shelter and a location that has no specific street address. 194 (4) SEXUAL PREDATOR CRITERIA.— 195 (c) If an offender has been registered as a sexual predator 196 by the Department of Corrections, the department, or any other 197 law enforcement agency and if: 198 1. The court did not, for whatever reason, make a written 199 finding at the time of sentencing that the offender was a sexual 200 predator; or 201 2. The offender was administratively registered as a sexual 202 predator because the Department of Corrections, the department, 203 or any other law enforcement agency obtained information that 204 indicated that the offender met the criteria for designation as 205 a sexual predator based on a violation of a similar law in 206 another jurisdiction, 207 208 the department shall remove that offender from the department’s 209 list of sexual predators and, for an offender described under 210 subparagraph 1., shall notify the state attorney who prosecuted 211 the offense that met the criteria for administrative designation 212 as a sexual predator, and, for an offender described under this 213 paragraph, shall notify the state attorney of the county where 214 the offender establishes or maintains a permanent,ortemporary, 215 or transient residence. The state attorney shall bring the 216 matter to the court’s attention in order to establish that the 217 offender meets the criteria for designation as a sexual 218 predator. If the court makes a written finding that the offender 219 is a sexual predator, the offender must be designated as a 220 sexual predator, must register or be registered as a sexual 221 predator with the department as provided in subsection (6), and 222 is subject to the community and public notification as provided 223 in subsection (7). If the court does not make a written finding 224 that the offender is a sexual predator, the offender may not be 225 designated as a sexual predator with respect to that offense and 226 is not required to register or be registered as a sexual 227 predator with the department. 228 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated 229 as a sexual predator as follows: 230 (a)1. An offender who meets the sexual predator criteria 231 described in paragraph (4)(d) is a sexual predator, and the 232 court shall make a written finding at the time such offender is 233 determined to be a sexually violent predator under chapter 394 234 that such person meets the criteria for designation as a sexual 235 predator for purposes of this section. The clerk shall transmit 236 a copy of the order containing the written finding to the 237 department within 48 hours after the entry of the order; 238 2. An offender who meets the sexual predator criteria 239 described in paragraph (4)(a) who is before the court for 240 sentencing for a current offense committed on or after October 241 1, 1993, is a sexual predator, and the sentencing court must 242 make a written finding at the time of sentencing that the 243 offender is a sexual predator, and the clerk of the court shall 244 transmit a copy of the order containing the written finding to 245 the department within 48 hours after the entry of the order; or 246 3. If the Department of Corrections, the department, or any 247 other law enforcement agency obtains information which indicates 248 that an offender who establishes or maintains a permanent,or249 temporary, or transient residence in this state meets the sexual 250 predator criteria described in paragraph (4)(a) or paragraph 251 (4)(d) because the offender was civilly committed or committed a 252 similar violation in another jurisdiction on or after October 1, 253 1993, the Department of Corrections, the department, or the law 254 enforcement agency shall notify the state attorney of the county 255 where the offender establishes or maintains a permanent,or256 temporary, or transient residence of the offender’s presence in 257 the community. The state attorney shall file a petition with the 258 criminal division of the circuit court for the purpose of 259 holding a hearing to determine if the offender’s criminal record 260 or record of civil commitment from another jurisdiction meets 261 the sexual predator criteria. If the court finds that the 262 offender meets the sexual predator criteria because the offender 263 has violated a similar law or similar laws in another 264 jurisdiction, the court shall make a written finding that the 265 offender is a sexual predator. 266 267 When the court makes a written finding that an offender is a 268 sexual predator, the court shall inform the sexual predator of 269 the registration and community and public notification 270 requirements described in this section. Within 48 hours after 271 the court designating an offender as a sexual predator, the 272 clerk of the circuit court shall transmit a copy of the court’s 273 written sexual predator finding to the department. If the 274 offender is sentenced to a term of imprisonment or supervision, 275 a copy of the court’s written sexual predator finding must be 276 submitted to the Department of Corrections. 277 (6) REGISTRATION.— 278 (a) A sexual predator must register with the department 279 through the sheriff’s office by providing the following 280 information to the department: 281 1. Name, social security number, age, race, sex, date of 282 birth, height, weight, hair and eye color, photograph, address 283 of legal residence and address of any current temporary 284 residence, within the state or out of state, including a rural 285 route address and a post office box, if no permanent or 286 temporary address, any transient residence within the state, 287 address, location or description, and dates of any current or 288 known future temporary residence within the state or out of 289 state, any electronic mail address and any instant message name 290 required to be provided pursuant to subparagraph (g)4., home 291 telephone number and any cellular telephone number, date and 292 place of any employment, date and place of each conviction, 293 fingerprints, and a brief description of the crime or crimes 294 committed by the offender. A post office box shall not be 295 provided in lieu of a physical residential address. 296 a. If the sexual predator’s place of residence is a motor 297 vehicle, trailer, mobile home, or manufactured home, as defined 298 in chapter 320, the sexual predator shall also provide to the 299 department written notice of the vehicle identification number; 300 the license tag number; the registration number; and a 301 description, including color scheme, of the motor vehicle, 302 trailer, mobile home, or manufactured home. If a sexual 303 predator’s place of residence is a vessel, live-aboard vessel, 304 or houseboat, as defined in chapter 327, the sexual predator 305 shall also provide to the department written notice of the hull 306 identification number; the manufacturer’s serial number; the 307 name of the vessel, live-aboard vessel, or houseboat; the 308 registration number; and a description, including color scheme, 309 of the vessel, live-aboard vessel, or houseboat. 310 b. If the sexual predator is enrolled, employed, or 311 carrying on a vocation at an institution of higher education in 312 this state, the sexual predator shall also provide to the 313 department the name, address, and county of each institution, 314 including each campus attended, and the sexual predator’s 315 enrollment or employment status. Each change in enrollment or 316 employment status shall be reported in person at the sheriff’s 317 office, or the Department of Corrections if the sexual predator 318 is in the custody or control of or under the supervision of the 319 Department of Corrections, within 48 hours after any change in 320 status. The sheriff or the Department of Corrections shall 321 promptly notify each institution of the sexual predator’s 322 presence and any change in the sexual predator’s enrollment or 323 employment status. 324 2. Any other information determined necessary by the 325 department, including criminal and corrections records; 326 nonprivileged personnel and treatment records; and evidentiary 327 genetic markers when available. 328 (f) Within 48 hours after the registration required under 329 paragraph (a) or paragraph (e), a sexual predator who is not 330 incarcerated and who resides in the community, including a 331 sexual predator under the supervision of the Department of 332 Corrections, shall register in person at a driver’s license 333 office of the Department of Highway Safety and Motor Vehicles 334 and shall present proof of registration. At the driver’s license 335 office the sexual predator shall: 336 1. If otherwise qualified, secure a Florida driver’s 337 license, renew a Florida driver’s license, or secure an 338 identification card. The sexual predator shall identify himself 339 or herself as a sexual predator who is required to comply with 340 this section, provide his or her place of permanent,or341 temporary, or transient residence, including a rural route 342 address and a post office box, and submit to the taking of a 343 photograph for use in issuing a driver’s license, renewed 344 license, or identification card, and for use by the department 345 in maintaining current records of sexual predators. A post 346 office box shall not be provided in lieu of a physical 347 residential address. If the sexual predator’s place of residence 348 is a motor vehicle, trailer, mobile home, or manufactured home, 349 as defined in chapter 320, the sexual predator shall also 350 provide to the Department of Highway Safety and Motor Vehicles 351 the vehicle identification number; the license tag number; the 352 registration number; and a description, including color scheme, 353 of the motor vehicle, trailer, mobile home, or manufactured 354 home. If a sexual predator’s place of residence is a vessel, 355 live-aboard vessel, or houseboat, as defined in chapter 327, the 356 sexual predator shall also provide to the Department of Highway 357 Safety and Motor Vehicles the hull identification number; the 358 manufacturer’s serial number; the name of the vessel, live 359 aboard vessel, or houseboat; the registration number; and a 360 description, including color scheme, of the vessel, live-aboard 361 vessel, or houseboat. 362 2. Pay the costs assessed by the Department of Highway 363 Safety and Motor Vehicles for issuing or renewing a driver’s 364 license or identification card as required by this section. The 365 driver’s license or identification card issued to the sexual 366 predator must be in compliance with s. 322.141(3). 367 3. Provide, upon request, any additional information 368 necessary to confirm the identity of the sexual predator, 369 including a set of fingerprints. 370 (g)1. Each time a sexual predator’s driver’s license or 371 identification card is subject to renewal, and, without regard 372 to the status of the predator’s driver’s license or 373 identification card, within 48 hours after any change of the 374 predator’s residence or change in the predator’s name by reason 375 of marriage or other legal process, the predator shall report in 376 person to a driver’s license office and shall be subject to the 377 requirements specified in paragraph (f). The Department of 378 Highway Safety and Motor Vehicles shall forward to the 379 department and to the Department of Corrections all photographs 380 and information provided by sexual predators. Notwithstanding 381 the restrictions set forth in s. 322.142, the Department of 382 Highway Safety and Motor Vehicles is authorized to release a 383 reproduction of a color-photograph or digital-image license to 384 the Department of Law Enforcement for purposes of public 385 notification of sexual predators as provided in this section. 386 2. A sexual predator who vacates a permanent, temporary, or 387 transient residence and fails to establish or maintain another 388 permanent,ortemporary, or transient residence shall, within 48 389 hours after vacating the permanent, temporary, or transient 390 residence, report in person to the sheriff’s office of the 391 county in which he or she is located. The sexual predator shall 392 specify the date upon which he or she intends to or did vacate 393 such residence. The sexual predator must provide or update all 394 of the registration information required under paragraph (a). 395 The sexual predator must provide an address for the residence or 396 other placelocationthat he or she is or will be located 397occupyingduring the time in which he or she fails to establish 398 or maintain a permanent or temporary residence. 399 3. A sexual predator who remains at a permanent, temporary, 400 or transient residence after reporting his or her intent to 401 vacate such residence shall, within 48 hours after the date upon 402 which the predator indicated he or she would or did vacate such 403 residence, report in person to the sheriff’s office to which he 404 or she reported pursuant to subparagraph 2. for the purpose of 405 reporting his or her address at such residence. When the sheriff 406 receives the report, the sheriff shall promptly convey the 407 information to the department. An offender who makes a report as 408 required under subparagraph 2. but fails to make a report as 409 required under this subparagraph commits a felony of the second 410 degree, punishable as provided in s. 775.082, s. 775.083, or s. 411 775.084. 412 4. A sexual predator must register any electronic mail 413 address or instant message name with the department prior to 414 using such electronic mail address or instant message name on or 415 after October 1, 2007. The department shall establish an online 416 system through which sexual predators may securely access and 417 update all electronic mail address and instant message name 418 information. 419 (i) A sexual predator who intends to establish a permanent, 420 temporary, or transient residence in another state or 421 jurisdiction other than the State of Florida shall report in 422 person to the sheriff of the county of current residence within 423 48 hours before the date he or she intends to leave this state 424 to establish residence in another state or jurisdiction. The 425 sexual predator must provide to the sheriff the address, 426 municipality, county, and state of intended residence. The 427 sheriff shall promptly provide to the department the information 428 received from the sexual predator. The department shall notify 429 the statewide law enforcement agency, or a comparable agency, in 430 the intended state or jurisdiction of residence of the sexual 431 predator’s intended residence. The failure of a sexual predator 432 to provide his or her intended place of residence is punishable 433 as provided in subsection (10). 434 (j) A sexual predator who indicates his or her intent to 435 establish a permanent, temporary, or transient residencereside436 in another state or jurisdiction other than the State of Florida 437 and later decides to remain in this state shall, within 48 hours 438 after the date upon which the sexual predator indicated he or 439 she would leave this state, report in person to the sheriff to 440 which the sexual predator reported the intended change of 441 residence, and report his or her intent to remain in this state. 442 If the sheriff is notified by the sexual predator that he or she 443 intends to remain in this state, the sheriff shall promptly 444 report this information to the department. A sexual predator who 445 reports his or her intent to establish a permanent, temporary, 446 or transient residenceresidein another state or jurisdiction, 447 but who remains in this state without reporting to the sheriff 448 in the manner required by this paragraph, commits a felony of 449 the second degree, punishable as provided in s. 775.082, s. 450 775.083, or s. 775.084. 451 (7) COMMUNITY AND PUBLIC NOTIFICATION.— 452 (a) Law enforcement agencies must inform members of the 453 community and the public of a sexual predator’s presence. Upon 454 notification of the presence of a sexual predator, the sheriff 455 of the county or the chief of police of the municipality where 456 the sexual predator establishes or maintains a permanent or 457 temporary residence shall notify members of the community and 458 the public of the presence of the sexual predator in a manner 459 deemed appropriate by the sheriff or the chief of police. Within 460 48 hours after receiving notification of the presence of a 461 sexual predator, the sheriff of the county or the chief of 462 police of the municipality where the sexual predator temporarily 463 or permanently resides shall notify each licensed day care 464 center, elementary school, middle school, and high school within 465 a 1-mile radius of the temporary or permanent residence of the 466 sexual predator of the presence of the sexual predator. 467 Information provided to members of the community and the public 468 regarding a sexual predator must include: 469 1. The name of the sexual predator; 470 2. A description of the sexual predator, including a 471 photograph; 472 3. The sexual predator’s current permanent, temporary, and 473 transient addresses, and descriptions of registered locations 474 that have no specific street address, including the name of the 475 county or municipality if known; 476 4. The circumstances of the sexual predator’s offense or 477 offenses; and 478 5. Whether the victim of the sexual predator’s offense or 479 offenses was, at the time of the offense, a minor or an adult. 480 481 This paragraph does not authorize the release of the name of any 482 victim of the sexual predator. 483 (8) VERIFICATION.—The department and the Department of 484 Corrections shall implement a system for verifying the addresses 485 of sexual predators. The system must be consistent with the 486 provisions of the federal Adam Walsh Child Protection and Safety 487 Act of 2006 and any other federal standards applicable to such 488 verification or required to be met as a condition for the 489 receipt of federal funds by the state. The Department of 490 Corrections shall verify the addresses of sexual predators who 491 are not incarcerated but who reside in the community under the 492 supervision of the Department of Corrections and shall report to 493 the department any failure by a sexual predator to comply with 494 registration requirements. County and local law enforcement 495 agencies, in conjunction with the department, shall verify the 496 addresses of sexual predators who are not under the care, 497 custody, control, or supervision of the Department of 498 Corrections. Local law enforcement agencies shall report to the 499 department any failure by a sexual predator to comply with 500 registration requirements. 501 (a) A sexual predator must report in person each year 502 during the month of the sexual predator’s birthday and during 503 every third month thereafter to the sheriff’s office in the 504 county in which he or she resides or is otherwise located to 505 reregister. The sheriff’s office may determine the appropriate 506 times and days for reporting by the sexual predator, which shall 507 be consistent with the reporting requirements of this paragraph. 508 Reregistration shall include any changes to the following 509 information: 510 1. Name; social security number; age; race; sex; date of 511 birth; height; weight; hair and eye color; address of any 512 permanent residence and address of any current temporary 513 residence, within the state or out of state, including a rural 514 route address and a post office box; if no permanent or 515 temporary address, any transient residence within the state; 516 address, location or description, and dates of any current or 517 known future temporary residence within the state or out of 518 state; any electronic mail address and any instant message name 519 required to be provided pursuant to subparagraph (6)(g)4.; home 520 telephone number and any cellular telephone number; date and 521 place of any employment; vehicle make, model, color, and license 522 tag number; fingerprints; and photograph. A post office box 523 shall not be provided in lieu of a physical residential address. 524 2. If the sexual predator is enrolled, employed, or 525 carrying on a vocation at an institution of higher education in 526 this state, the sexual predator shall also provide to the 527 department the name, address, and county of each institution, 528 including each campus attended, and the sexual predator’s 529 enrollment or employment status. 530 3. If the sexual predator’s place of residence is a motor 531 vehicle, trailer, mobile home, or manufactured home, as defined 532 in chapter 320, the sexual predator shall also provide the 533 vehicle identification number; the license tag number; the 534 registration number; and a description, including color scheme, 535 of the motor vehicle, trailer, mobile home, or manufactured 536 home. If the sexual predator’s place of residence is a vessel, 537 live-aboard vessel, or houseboat, as defined in chapter 327, the 538 sexual predator shall also provide the hull identification 539 number; the manufacturer’s serial number; the name of the 540 vessel, live-aboard vessel, or houseboat; the registration 541 number; and a description, including color scheme, of the 542 vessel, live-aboard vessel, or houseboat. 543 Section 6. Section 856.022, Florida Statutes, is created to 544 read: 545 856.022 Loitering or prowling by certain offenders in close 546 proximity to children; penalty.— 547 (1) Except as provided in subsection (2), this section 548 applies to a person convicted of committing, or attempting, 549 soliciting, or conspiring to commit, any of the criminal 550 offenses proscribed in the following statutes in this state or 551 similar offenses in another jurisdiction against a victim who 552 was under the age of 18 at the time of the offense: s. 787.01, 553 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and 554 the offender was not the victim’s parent or guardian; s. 555 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 556 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 557 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 558 847.0145; s. 985.701(1); or any similar offense committed in 559 this state which has been redesignated from a former statute 560 number to one of those listed in this subsection, if the person 561 has not received a pardon for any felony or similar law of 562 another jurisdiction necessary for the operation of this 563 subsection and a conviction of a felony or similar law of 564 another jurisdiction necessary for the operation of this 565 subsection has not been set aside in any postconviction 566 proceeding. 567 (2) This section does not apply to a person who has been 568 removed from the requirement to register as a sexual offender or 569 sexual predator pursuant to s. 943.04354. 570 (3) A person described in subsection (1) commits loitering 571 or prowling by a person convicted of a sexual offense against a 572 minor if, while committing loitering or prowling in violation of 573 s. 856.021, he or she is knowingly: 574 (a) Within 300 feet of a child care facility or pre-K 575 through 12 school or on real property comprising any child care 576 facility or pre-K through 12 school when the child care facility 577 or school is in operation; or 578 (b) Within 300 feet of a park, playground, or bus stop 579 while children are present and congregating in such a manner 580 that any reasonable person would be aware of their presence at 581 the park, playground, or bus stop at the same time that the 582 offender is also present. 583 (4) It is unlawful for a person described in subsection (1) 584 to: 585 (a) Knowingly approach, contact, or communicate with a 586 child under 18 years of age in any public park building or on 587 real property comprising any public park or playground with 588 intent to engage in conduct of a sexual nature, or to make a 589 communication of any type containing any content of a sexual 590 nature. This paragraph applies only to a person described in 591 subsection (1) whose offense was committed on or after the 592 effective date of this act. 593 (b)1. Knowingly be present in any child care facility or 594 pre-K through 12 school or on real property comprising any child 595 care facility or pre-K through 12 school when the child care 596 facility or school is in operation unless the person has 597 provided written notification of his or her intent to be present 598 to the school board, superintendent, principal, or child care 599 facility owner; 600 2. Fail to notify the child care facility owner or the 601 school principal’s office when he or she arrives and departs the 602 child care facility or school; or 603 3. Fail to remain under direct supervision of a school 604 official or designated chaperone when present in the vicinity of 605 children. As used in this paragraph, the term “school official” 606 means a principal, school resource officer, teacher or any other 607 employee of the school, the superintendent of schools, a member 608 of the school board, a child care facility owner, or a child 609 care provider. 610 (c) A person is not in violation of paragraph (b) if: 611 1. The child care facility or school is a voting location 612 and the person is present for the purpose of voting during the 613 hours designated for voting; or 614 2. The person is only dropping off or picking up his or her 615 own children or grandchildren at the child care facility or 616 school. 617 (5) Any person who violates this section commits a 618 misdemeanor of the first degree, punishable as provided in s. 619 775.082 or s. 775.083. 620 Section 7. This act shall take effect July 1, 2010.
