CS/CS/CS/SB 212 full text · Session Watch

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2026 Legislature CS for CS for CS for SB 212, 1st Engrossed 2026212er

2 An act relating to sexual offenders and sexual

3 predators; amending s. 775.215, F.S.; defining the

4 term “public swimming pool”; revising residency

5 restrictions for persons convicted of certain sexual

6 offenses occurring on or after a specified date;

7 providing penalties; providing applicability; defining

8 the term “permanent residence”; amending s. 856.022,

9 F.S.; revising the prohibition of specified offenders

10 from coming within a specified distance of a place

11 where children congregate; prohibiting certain persons

12 from contacting, communicating with, or knowingly

13 approaching with the intent to contact or communicate

14 with certain persons at certain locations; providing

15 an exception; requiring a person who has been

16 convicted of specified offenses to provide notice to a

17 school or child care facility under certain

18 circumstances; defining terms; amending s. 901.15,

19 F.S.; authorizing the warrantless arrest of a person

20 if a law enforcement officer has probable cause to

21 believe the person committed specified offenses;

22 amending s. 943.04351, F.S.; revising requirements for

23 state agencies or governmental subdivisions to search

24 before appointing or employing a person to work at

25 specified locations; amending s. 947.1405, F.S.;

26 revising special conditions for certain sexual

27 offenders subject to conditional release supervision

28 for offenses committed on or after a specified date;

29 amending s. 948.30, F.S.; revising conditions of

30 probation or community control for certain sexual

31 offenders for offenses committed on or after a

32 specified date; providing an effective date.

34 Be It Enacted by the Legislature of the State of Florida:

36 Section 1. Present paragraph (d) of subsection (1) of

37 section 775.215, Florida Statutes, is redesignated as paragraph

38 (e), a new paragraph (d) is added to that subsection, subsection

39 (4) is added to that section, and paragraph (c) of subsection

40 (2) and paragraph (c) of subsection (3) of that section are

41 amended, to read:

42 775.215 Residency restriction for persons convicted of

43 certain sex offenses.—

44 (1) As used in this section, the term:

45 (d) “Public swimming pool” means a structure that is

46 located either indoors or outdoors and used for recreational

47 bathing or swimming by humans. The term includes a conventional

48 pool, spa-type pool, wading pool, special purpose pool, spray

49 pool, splash pad, or other water recreation attraction, to which

50 admission may be gained with or without payment of a fee,

51 regardless of whether entry to the swimming pool is limited by a

52 gate or other method of controlling access. The term includes

53 swimming pools operated by or serving subdivisions, apartments,

54 condominiums, mobile home parks, or townhouses, or any pool

55 operated by a governmental entity which is held open to the

56 public. The term does not include a swimming pool at a private

57 single-family residence, hotel, motel, or recreational vehicle

58 park, or a swimming pool where the operator prohibits the use of

59 such pool by persons younger than 18 years of age.

60 (2)

61 (c) This subsection applies to any person convicted of a

62 violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),

63 or s. 847.0145 for offenses that occurred ~~occur~~ on or after

64 October 1, 2004, and before July 1, 2026, excluding persons who

65 have been removed from the requirement to register as a sexual

66 offender or sexual predator pursuant to s. 943.04354.

67 (3)

68 (c) This subsection applies to any person convicted of an

69 offense in another jurisdiction that is similar to a violation

70 of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.

71 847.0145 if such offense occurred on or after May 26, 2010, and

72 before July 1, 2026, excluding persons who have been removed

73 from the requirement to register as a sexual offender or sexual

74 predator pursuant to s. 943.04354.

75 (4)(a) A person who has been convicted of a violation of s.

76 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,

77 regardless of whether adjudication has been withheld, in which

78 the victim was less than 16 years of age at the time of the

79 offense, or who has been convicted of a similar offense in

80 another jurisdiction, regardless of whether adjudication has

81 been withheld, in which the victim was less than 16 years of age

82 at the time of the offense, may not reside within 1,000 feet of

83 any school, child care facility, park, playground, or public

84 swimming pool. However, a person does not violate this

85 subsection and may not be forced to relocate if he or she is

86 living in a residence that meets the requirements of this

87 subsection and a school, child care facility, park, playground,

88 or public swimming pool is subsequently established within 1,000

89 feet of his or her residence.

90 (b) A person who violates this subsection and whose

91 conviction under s. 794.011, s. 800.04, s. 827.071, s.

92 847.0135(5), or s. 847.0145 was classified as a felony of the

93 first degree or higher or whose conviction in another

94 jurisdiction resulted in a penalty that is substantially similar

95 to a felony of the first degree or higher commits a felony of

96 the third degree, punishable as provided in s. 775.082, s.

97 775.083, or s. 775.084. A person who violates this subsection

98 and whose conviction under s. 794.011, s. 800.04, s. 827.071, s.

99 847.0135(5), or s. 847.0145 was classified as a felony of the

100 second or third degree or whose conviction in another

101 jurisdiction was substantially similar to a felony of the second

102 or third degree commits a misdemeanor of the first degree,

103 punishable as provided in s. 775.082 or s. 775.083.

104 (c) This subsection applies to:

105 1. Any person convicted of a violation described in

106 paragraph (a) for offenses that occur on or after July 1, 2026,

107 excluding persons who have been removed from the requirement to

108 register as a sexual offender or sexual predator pursuant to s.

109 943.04354.

110 2. Any person who is subject to the residency restrictions

111 in subsection (2) or subsection (3) who changes his or her

112 permanent residence on or after July 1, 2026. As used in this

113 subparagraph, the term “permanent residence” means a place where

114 the person abides, lodges, or resides for 3 or more consecutive

115 days which is the person’s home or other place where the person

116 primarily lives. For the purpose of calculating a permanent

117 residence under this subparagraph, the first day that a person

118 abides, lodges, or resides at a place is excluded and each

119 subsequent day is counted. A day includes any part of a calendar

120 day.

121 Section 2. Section 856.022, Florida Statutes, is amended to

122 read:

123 856.022 Loitering or prowling by certain offenders in close

124 proximity to children; prohibition on contact or communication

125 with children in certain locations; penalty.—

126 (1) Except as provided in subsection (2), this section

127 applies to a person convicted of committing, or attempting,

128 soliciting, or conspiring to commit, any of the criminal

129 offenses proscribed in the following statutes in this state or

130 similar offenses in another jurisdiction against a victim who

131 was younger than ~~under~~ 18 years of age at the time of the

132 offense: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the

133 victim is a minor; s. 787.06(3)(g); s. 794.011, excluding s.

134 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.

135 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,

136 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;

137 s. 985.701(1); or any similar offense committed in this state

138 which has been redesignated from a former statute number to one

139 of those listed in this subsection, if the person has not

140 received a pardon for any felony or similar law of another

141 jurisdiction necessary for the operation of this subsection and

142 a conviction of a felony or similar law of another jurisdiction

143 necessary for the operation of this subsection has not been set

144 aside in any postconviction proceeding.

145 (2) This section does not apply to a person who has been

146 removed from the requirement to register as a sexual offender or

147 sexual predator pursuant to s. 943.04354.

148 (3) A person described in subsection (1) commits loitering

149 and prowling by a person convicted of a sexual offense against a

150 minor if, in committing loitering and prowling, he or she was

151 within 500 ~~300~~ feet of a place where children were congregating.

152 (4)(a) It is unlawful for a person described in subsection

153 (1) to knowingly ~~approach,~~ contact, or communicate with , or

154 approach with the intent to contact or communicate with a person

155 younger than ~~child under~~ 18 years of age in any ~~public~~ park

156 building or on real property comprising any ~~public~~ park , or

157 playground , or public swimming pool. This subsection does not

158 prohibit a person from contacting, communicating with, or

159 approaching with the intent to contact or communicate with, a

160 person younger than 18 years of age if such person is his or her

161 family or household member as defined in s. 741.28 ~~with the~~

162 ~~intent to engage in conduct of a sexual nature or to make a~~

163 ~~communication of any type with any content of a sexual nature.~~

164 ~~This paragraph applies only to a person described in subsection~~

165 ~~(1) whose offense was committed on or after May 26, 2010~~ .

166 (b) It is unlawful for a person described in subsection (1)

167 to knowingly be present in any child care facility or school

168 containing any students in prekindergarten through grade 12 or

169 on real property comprising any child care facility or school

170 containing any students in prekindergarten through grade 12 when

171 the child care facility or school is in operation, if such

172 person fails to:

173 1. Provide written notification ~~of his or her intent to be~~

174 ~~present~~ to the school board, superintendent, principal, or child

175 care facility owner that he or she has a conviction specified in

176 subsection (1) and that he or she intends to be present at the

177 school or child care facility ;

178 2. Notify the child care facility owner or the school

179 principal’s office when he or she arrives and departs the child

180 care facility or school; and or

181 3. Remain under direct supervision of a school official or

182 designated chaperone when present in the vicinity of children.

183 As used in this paragraph, the term “school official” means a

184 principal, a school resource officer, a teacher or any other

185 employee of the school, the superintendent of schools, a member

186 of the school board, a child care facility owner, or a child

187 care provider.

188 (c) A person is not in violation of paragraph (b) if:

189 1. The child care facility or school is a voting location

190 and the person is present for the purpose of voting during the

191 hours designated for voting; or

192 2. The person is a parent, grandparent, or legal guardian

193 who is only dropping off or picking up his or her child or

194 grandchild ~~own children or grandchildren~~ at the child care

195 facility or school ; or

196 3. The person is attending a religious service as defined

197 in s. 775.0861 .

198 (5) A ~~Any~~ person who violates this section commits a

199 misdemeanor of the first degree, punishable as provided in s.

200 775.082 or s. 775.083.

201 (6) As used in this section, the term:

202 (a) “Child care facility” has the same meaning s. 402.302.

203 (b) “Park” has the same meaning as in s. 775.215(1).

204 (c) “Playground” has the same meaning as in s. 775.215(1).

205 (d) “Public swimming pool” means a structure that is

206 located either indoors or outdoors and used for recreational

207 bathing or swimming by humans, including the area immediately

208 surrounding the structure. The term includes a conventional

209 pool, spa-type pool, wading pool, special purpose pool, spray

210 pool, splash pad, or other water recreation attraction, to which

211 admission may be gained with or without payment of a fee,

212 regardless of whether entry to the swimming pool is limited by a

213 gate or other method of controlling access. The term also

214 includes, but is not limited to, pools operated by or serving

215 camps, churches, governmental entities, day care centers, parks,

216 schools, subdivisions, apartments, condominiums, hotels, motels,

217 mobile home parks, recreational vehicle parks, and townhouses.

218 The term does not include a swimming pool at a private single

219 family residence or a swimming pool where the operator prohibits

220 the use of such pool by persons younger than 18 years of age.

221 (e) “School” has the same meaning as in s. 775.215(1).

222 Section 3. Paragraphs (h) and (i) are added to subsection

223 (9) of section 901.15, Florida Statutes, to read:

224 901.15 When arrest by officer without warrant is lawful.—A

225 law enforcement officer may arrest a person without a warrant

226 when:

227 (9) There is probable cause to believe that the person has

228 committed:

229 (h) A violation of s. 856.022(4)(a) by knowingly

230 contacting, communicating with, or approaching with the intent

231 to contact or communicate with, a person younger than 18 years

232 of age in any park building or on real property comprising any

233 park, playground, or public swimming pool.

234 (i) A violation of s. 856.022(4)(b) by knowingly being

235 present in any child care facility or school containing students

236 in prekindergarten through grade 12 or on real property

237 comprising a child care facility or school containing any

238 students in prekindergarten through grade 12 when the child care

239 facility or school is in operation.

240 Section 4. Section 943.04351, Florida Statutes, is amended

241 to read:

242 943.04351 Search of registration information regarding

243 sexual predators and sexual offenders required before

244 appointment or employment.—A state agency or governmental

245 subdivision, before making any decision to appoint or employ a

246 person to work, whether for compensation or as a volunteer, at

247 any park, playground, public swimming pool, child care facility

248 ~~day care center~~ , or other place where children regularly

249 congregate, must conduct a search of that person’s name or other

250 identifying information against the registration information

251 regarding sexual predators and sexual offenders through the Dru

252 Sjodin National Sexual Offender Public Website maintained by the

253 United States Department of Justice. If for any reason that site

254 is not available, a search of the registration information

255 regarding sexual predators and sexual offenders maintained by

256 the Department of Law Enforcement under s. 943.043 must ~~shall~~ be

257 performed. This section does not apply to those positions or

258 appointments within a state agency or governmental subdivision

259 for which a state and national criminal history background check

260 is conducted.

261 Section 5. Subsections (15) and (16) are added to section

262 947.1405, Florida Statutes, to read:

263 947.1405 Conditional release program.—

264 (15) Effective for a releasee who is convicted of a crime

265 committed on or after July 1, 2026, or who has been previously

266 convicted of a crime committed on or after July 1, 2026, in

267 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),

268 or s. 847.0145, against a victim who was younger than 18 years

269 of age at the time of the offense, in addition to any other

270 provision of this section, the commission shall impose the

271 following conditions:

272 (a) A prohibition on living within 1,000 feet of any public

273 swimming pool, as defined in s. 775.215. A releasee who is

274 subject to this paragraph may not be forced to relocate and does

275 not violate his or her conditional release supervision if he or

276 she is living in a residence that meets the requirements of this

277 paragraph and a public swimming pool is subsequently established

278 within 1,000 feet of his or her residence.

279 (b) A prohibition on working for pay or as a volunteer at

280 any public swimming pool.

281 (16) In addition to all other conditions imposed, for a

282 releasee who is subject to conditional release for a crime that

283 was committed on or after July 1, 2026, and who has been

284 convicted at any time of committing, or attempting, soliciting,

285 or conspiring to commit, any of the criminal offenses listed in

286 s. 943.0435(1)(h)1.a.(I), or a similar offense in another

287 jurisdiction against a victim who was younger than 18 years of

288 age at the time of the offense, if the releasee has not received

289 a pardon for any felony or similar law of another jurisdiction

290 necessary for the operation of this subsection, if a conviction

291 of a felony or similar law of another jurisdiction necessary for

292 the operation of this subsection has not been set aside in any

293 postconviction proceeding, or if the releasee has not been

294 removed from the requirement to register as a sexual offender or

295 sexual predator pursuant to s. 943.04354, the commission must

296 impose a condition prohibiting the releasee from visiting a

297 public swimming pool, as defined in s. 856.022(6), without prior

298 approval from his or her supervising officer.

299 Section 6. Subsections (6) and (7) are added to section

300 948.30, Florida Statutes, to read:

301 948.30 Additional terms and conditions of probation or

302 community control for certain sex offenses.—Conditions imposed

303 pursuant to this section do not require oral pronouncement at

304 the time of sentencing and shall be considered standard

305 conditions of probation or community control for offenders

306 specified in this section.

307 (6) In addition to all other conditions imposed, for a

308 probationer or community controllee whose crime was committed on

309 or after July 1, 2026, and who is placed on supervision for

310 committing, or attempting, soliciting, or conspiring to commit,

311 a violation of s. 787.06(3)(b), (d), (f), or (g); chapter 794;

312 s. 800.04; s. 827.071; s. 847.0135(5); or s. 847.0145 against a

313 victim who was younger than 18 years of age at the time of the

314 offense, the court must impose the following conditions:

315 (a) A prohibition on living within 1,000 feet of any public

316 swimming pool, as defined in s. 775.215. A probationer or

317 community controllee who is subject to this paragraph may not be

318 forced to relocate and does not violate his or her probation or

319 community control if he or she is living in a residence that

320 meets the requirements of this paragraph and a public swimming

321 pool is subsequently established within 1,000 feet of his or her

322 residence.

323 (b) A prohibition on working for pay or as a volunteer at

324 any public swimming pool.

325 (7) In addition to all other conditions imposed, for a

326 probationer or community controllee who is subject to

327 supervision for a crime that was committed on or after July 1,

328 2026, and who has been convicted at any time of committing, or

329 attempting, soliciting, or conspiring to commit, any of the

330 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a

331 similar offense in another jurisdiction, against a victim who

332 was younger than 18 years of age at the time of the offense, if

333 the offender has not received a pardon for any felony or similar

334 law of another jurisdiction necessary for the operation of this

335 subsection, if a conviction of a felony or similar law of

336 another jurisdiction necessary for the operation of this

337 subsection has not been set aside in any postconviction

338 proceeding, or if the offender has not been removed from the

339 requirement to register as a sexual offender or sexual predator

340 pursuant to s. 943.04354, the court must impose a condition

341 prohibiting the probationer or community controlee from visiting

342 a public swimming pool, as defined in s. 856.022(6), without

343 prior approval from his or her supervising officer.

344 Section 7. This act shall take effect July 1, 2026.