CS/CS/HB 45 full text · Session Watch

1 A bill to be entitled

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 distance required for a specified

10 offender to commit a specified offense of loitering or

11 prowling; prohibiting such offender from knowingly

12 contacting, communicating with, or approaching with

13 the intent to contact or communicate with certain

14 children at certain locations; providing an exception;

15 requiring such offender to provide notice to a school

16 or child care facility under certain circumstances;

17 providing definitions; amending s. 901.15, F.S.;

18 authorizing the warrantless arrest of a person if a

19 law enforcement officer has probable cause to believe

20 that such person has committed specified offenses;

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

22 the search of sexual predator or sexual offender

23 registration information by a state agency or

24 governmental subdivision before appointing or

25 employing a person to work at specified locations;

26 amending s. 947.1405, F.S.; revising special

27 conditions for certain sexual offenders subject to

28 conditional release supervision for offenses committed

29 on or after a specified date; amending s. 948.30,

30 F.S.; revising conditions of probation or community

31 control for certain sexual offenders for offenses

32 committed on or after a specified date; providing an

33 effective date.

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

37 Section 1. Paragraph (d) of subsection (1) of section

38 775.215, Florida Statutes, is redesignated as paragraph (e),

39 paragraph (c) of subsection (2) and paragraph (c) of subsection (3) of that section are amended, a new paragraph (d) is added to

41 subsection (1), and subsection (4) is added to that section, to

42 read:

43 775.215 Residency restriction for persons convicted of

44 certain sex offenses.—

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

46 (d) "Public swimming pool" means a structure which is

47 located either indoors or outdoors and used for recreational

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

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

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

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

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

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

54 swimming pools operated by or serving subdivisions, apartments,

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

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

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

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

59 park or a swimming pool where the operator prohibits the use of

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

61 (2)

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

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

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

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

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

67 offender or sexual predator pursuant to s. 943.04354.

68 (3)

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

70 offense in another jurisdiction that is similar to a violation

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

72 847.0145 if such offense occurred on or after May 26, 2010, and

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

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

75 predator pursuant to s. 943.04354.

76 (4)(a) A person who has been convicted of a violation of

77 s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.

78 847.0145, regardless of whether adjudication has been withheld,

79 in which the victim was less than 16 years of age at the time of

80 the offense, or who has been convicted of a similar offense in

81 another jurisdiction, regardless of whether adjudication has

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

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

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

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

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

87 living in a residence that meets the requirements of this

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

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

90 feet of his or her residence.

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

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

93 847.0135(5), or s. 847.0145 was classified as a felony of the

94 first degree or higher or whose conviction in another

95 jurisdiction resulted in a penalty that is substantially similar

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

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

98 775.083, or s. 775.084. A person who violates this subsection

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

100 847.0135(5), or s. 847.0145 was classified as a felony of the

101 second or third degree or whose conviction in another

102 jurisdiction was substantially similar to a felony of the second

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

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

105 (c) This subsection applies to:

106 1. Any person convicted of a violation described in

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

108 excluding persons who have been removed from the requirement to

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

110 943.04354.

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

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

113 permanent residence on or after July 1, 2026. For purposes of

114 this paragraph, the term "permanent residence" means a place

115 where the person abides, lodges, or resides for 3 or more

116 consecutive days that is the person's home or other place where

117 the person primarily lives. For the purpose of calculating a

118 permanent residence under this paragraph, the first day that a

119 person abides, lodges, or resides at a place is excluded and

120 each subsequent day is counted. A day includes any part of a

121 calendar day.

122 Section 2. Section 856.022, Florida Statutes, is amended

123 to read:

124 856.022 Loitering or prowling by certain offenders in

125 close proximity to children; prohibition on contact or

126 communication with children in certain locations; penalty.—

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

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

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

130 offenses proscribed in the following statutes in this state or

131 similar offenses in another jurisdiction against a victim who

132 was under 18 years of age at the time of the offense: s. 787.01,

133 s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s.

134 787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05;

135 former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.

136 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.

137 847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any

138 similar offense committed in this state which has been

139 redesignated from a former statute number to one of those listed

140 in this subsection, if the person has not received a pardon for

141 any felony or similar law of another jurisdiction necessary for

142 the operation of this subsection and a conviction of a felony or

143 similar law of another jurisdiction necessary for the operation

144 of this subsection has not been set aside in any postconviction

145 proceeding.

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

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

148 sexual predator pursuant to s. 943.04354.

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

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

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

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

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

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

155 approach with the intent to contact or communicate with a child

156 under 18 years of age in any ~~public~~ park building or on real

157 property comprising any ~~public~~ park, or playground, or public

158 swimming pool. This paragraph does not prohibit a person from

159 contacting, communicating with, or approaching with the intent

160 to contact or communicate with a child under 18 years of age if

161 the child is his or her family or household member as defined in

162 s. 741.28 ~~with the intent to engage in conduct of a sexual~~

163 ~~nature or to make a communication of any type with any content~~

164 ~~of a sexual nature. This paragraph applies only to a person~~

165 ~~described in subsection (1) whose offense was committed on or~~

166 ~~after May 26, 2010.~~

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

168 (1) to knowingly be present in any child care facility or school

169 containing any students in prekindergarten through grade 12 or

170 on real property comprising any child care facility or school

171 containing any students in prekindergarten through grade 12 when

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

173 person fails to:

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

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

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

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

178 school or child care facility;

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

180 principal's office when he or she arrives and departs the child

181 care facility or school; and or

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

183 designated chaperone when present in the vicinity of children.

184 As used in this paragraph, the term "school official" means a

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

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

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

188 care provider.

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

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

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

192 hours designated for voting; or

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

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

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

196 facility or school; or

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

198 in s. 775.0861(1).

199 (5) Any person who violates this section commits a

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

201 775.082 or s. 775.083.

202 (6) For purposes of this section, the term:

203 (a) "Child care facility" has the same meaning as in s.

204 402.302.

205 (b) "Park," "playground," and "school" have the same

206 meanings as in s. 775.215(1).

207 (c) "Public swimming pool" means a structure which is

208 located either indoors or outdoors and used for recreational

209 bathing or swimming by humans, including the area immediately

210 surrounding the structure. The term includes a conventional

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

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

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

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

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

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

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

218 schools, subdivisions, apartments, condominiums, hotels, motels,

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

220 The term does not include a swimming pool at a private single-

221 family residence or a swimming pool where the operator prohibits

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

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

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

225 901.15 When arrest by officer without warrant is lawful.—A

226 law enforcement officer may arrest a person without a warrant

227 when:

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

229 committed:

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

231 contacting, communicating with, or approaching with the intent

232 to contact or communicate with a child under 18 years of age in

233 any park building or on real property comprising any park,

234 playground, or public swimming pool.

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

236 present in any child care facility or school containing students

237 in prekindergarten through grade 12 or on real property

238 comprising a child care facility or school containing any

239 students in prekindergarten through grade 12 when the child care

240 facility or school is in operation.

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

242 to read:

243 943.04351 Search of registration information regarding

244 sexual predators and sexual offenders required before

245 appointment or employment.—A state agency or governmental

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

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

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

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

250 congregate, must conduct a search of that person's name or other

251 identifying information against the registration information

252 regarding sexual predators and sexual offenders through the Dru

253 Sjodin National Sexual Offender Public Website maintained by the

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

255 is not available, a search of the registration information

256 regarding sexual predators and sexual offenders maintained by

257 the Department of Law Enforcement under s. 943.043 shall be

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

259 appointments within a state agency or governmental subdivision

260 for which a state and national criminal history background check

261 is conducted.

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

263 947.1405, Florida Statutes, to read:

264 947.1405 Conditional release program.—

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

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

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

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

269 or s. 847.0145, against a victim who was under 18 years of age

270 at the time of the offense, in addition to any other provision

271 of this section, the commission must impose the following

272 conditions:

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

274 public swimming pool, as defined in s. 775.215(1). A releasee

275 who is subject to this paragraph may not be forced to relocate

276 and does not violate his or her conditional release supervision

277 if he or she is living in a residence that meets the

278 requirements of this paragraph and a public swimming pool is

279 subsequently established within 1,000 feet of his or her

280 residence.

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

282 any public swimming pool.

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

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

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

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

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

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

289 jurisdiction against a victim who was under 18 years of age at

290 the time of the offense, if the releasee has not received a

291 pardon for any felony or similar law of another jurisdiction

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

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

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

295 postconviction proceeding, or if the releasee has not been

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

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

298 impose a condition prohibiting the releasee from visiting a

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

300 approval from his or her supervising officer.

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

302 948.30, Florida Statutes, to read:

303 948.30 Additional terms and conditions of probation or

304 community control for certain sex offenses.—Conditions imposed

305 pursuant to this section do not require oral pronouncement at

306 the time of sentencing and shall be considered standard

307 conditions of probation or community control for offenders

308 specified in this section.

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

310 probationer or community controllee whose crime was committed on

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

312 committing, or attempting, soliciting, or conspiring to commit a

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

314 800.04; s. 827.071; s. 847.0135(5); or s. 847.0145 against a

315 victim who was under 18 years of age at the time of the offense,

316 the court must impose the following conditions:

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

318 public swimming pool, as defined in s. 775.215(1). A probationer

319 or community controllee who is subject to this paragraph may not

320 be forced to relocate and does not violate his or her probation

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

322 meets the requirements of this paragraph and a public swimming

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

324 residence.

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

326 any public swimming pool.

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

328 probationer or community controllee who is subject to

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

330 2026, and who has been convicted at any time of committing, or

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

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

333 similar offense in another jurisdiction, against a victim who

334 was under the age of 18 at the time of the offense, if the

335 offender has not received a pardon for any felony or similar law

336 of another jurisdiction necessary for the operation of this

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

338 another jurisdiction necessary for the operation of this

339 subsection has not been set aside in any postconviction

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

341 requirement to register as a sexual offender or sexual predator

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

343 prohibiting the probationer or community controllee from

344 visiting a public swimming pool, as defined in s. 856.022(6),

345 without prior approval from his or her supervising officer.

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