FL
Florida House Bill H0537

Florida 2023 Regular Session

Florida House Bill H0537 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to custody and supervision of 2
1616 specified offenders; amending s. 794.011, F.S.; 3
1717 excluding certain offenders from eligibility to 4
1818 receive basic gain-time; amending s. 944.275, F.S.; 5
1919 excluding certain offenders from eligibility to 6
2020 receive incentive gain -time; amending s. 948.05, F.S.; 7
2121 excluding certain offenders from eligibility for 8
2222 specified reductions to a term of supervision; 9
2323 amending s. 948.30, F.S.; requiring a court to impose 10
2424 additional conditions of supervision on specified 11
2525 offenders; providing an effective date. 12
2626 13
2727 Be It Enacted by the Legislature of the State of Florida: 14
2828 15
2929 Section 1. Subsection (7) of section 794.011, Florida 16
3030 Statutes, is amended to read: 17
3131 794.011 Sexual battery. — 18
3232 (7)(a) A person who is convicted of committing a sexual 19
3333 battery on or after October 1, 1992, is not eligible for basic 20
3434 gain-time under s. 944.275. 21
3535 (b) Notwithstanding paragraph (a), for sentences imposed 22
3636 for offenses committed on or after July 1, 2023, a person who is 23
3737 convicted of committing or attempting, soliciting, or conspiring 24
3838 to commit a sexual battery in violation of this section is not 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 eligible for basic gain -time under s. 944.275. 26
5252 (c) This subsection may be cited as the "Junny Rios -27
5353 Martinez, Jr. Act of 1992." 28
5454 Section 2. Paragraph (e) of subsection (4) of section 29
5555 944.275, Florida Statutes, is amended, and paragraph (b) of that 30
5656 subsection is republished, to read: 31
5757 944.275 Gain-time.— 32
5858 (4) 33
5959 (b) For each month in which an inmate works diligently, 34
6060 participates in training, uses time constructively, or otherwise 35
6161 engages in positive activities, the department may grant 36
6262 incentive gain-time in accordance with this paragraph. The rate 37
6363 of incentive gain-time in effect on the date the inmate 38
6464 committed the offense which resulted in his or her incarceration 39
6565 shall be the inmate's rate of eligibility to earn incentive 40
6666 gain-time throughout the period of incarceration and shall not 41
6767 be altered by a subsequent c hange in the severity level of the 42
6868 offense for which the inmate was sentenced. 43
6969 1. For sentences imposed for offenses committed prior to 44
7070 January 1, 1994, up to 20 days of incentive gain -time may be 45
7171 granted. If granted, such gain -time shall be credited and 46
7272 applied monthly. 47
7373 2. For sentences imposed for offenses committed on or 48
7474 after January 1, 1994, and before October 1, 1995: 49
7575 a. For offenses ranked in offense severity levels 1 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 through 7, under former s. 921.0012 or former s. 921.0013, up to 51
8989 25 days of incentive gain-time may be granted. If granted, such 52
9090 gain-time shall be credited and applied monthly. 53
9191 b. For offenses ranked in offense severity levels 8, 9, 54
9292 and 10, under former s. 921.0012 or former s. 921.0013, up to 20 55
9393 days of incentive gain -time may be granted. If granted, such 56
9494 gain-time shall be credited and applied monthly. 57
9595 3. For sentences imposed for offenses committed on or 58
9696 after October 1, 1995, the department may grant up to 10 days 59
9797 per month of incentive gain -time. 60
9898 (e) 1. Notwithstanding subparagraph (b)3., for sentences 61
9999 imposed for offenses committed on or after October 1, 2014, and 62
100100 before July 1, 2023, the department may not grant incentive 63
101101 gain-time if the offense is a violation of s. 782.04(1)(a)2.c.; 64
102102 s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 65
103103 excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 66
104104 847.0135(5). 67
105105 2. Notwithstanding subparagraph (b)3., for sentences 68
106106 imposed for offenses committed on or after July 1, 2023, the 69
107107 department may not grant i ncentive gain-time if the offense is 70
108108 for committing or attempting, soliciting, or conspiring to 71
109109 commit a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 72
110110 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 73
111111 794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5). 74
112112 Section 3. Paragraph (e) of subsection (2) of section 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 948.05, Florida Statutes, is amended, and paragraph (f) is added 76
126126 to that subsection, to read: 77
127127 948.05 Court to admonish or commend probationer or 78
128128 offender in community control; gradua ted incentives.— 79
129129 (2) The department shall implement a system of graduated 80
130130 incentives to promote compliance with the terms of supervision, 81
131131 encourage educational achievement and stable employment, and 82
132132 prioritize the highest levels of supervision for probat ioners or 83
133133 offenders presenting the greatest risk of recidivism. 84
134134 (e) A probationer or offender in community control who 85
135135 commits a subsequent violation of probation may forfeit any 86
136136 previously earned probation incentive, as determined appropriate 87
137137 by his or her probation officer. 88
138138 (f) A probationer or offender in community control who is 89
139139 placed under supervision for committing or attempting, 90
140140 soliciting, or conspiring to commit a violation of any felony 91
141141 offense described in s. 775.21(4)(a)1.a. or b. or s. 92
142142 943.0435(1)(h)1.a., or who qualifies as a violent felony 93
143143 offender of special concern under s. 948.06(8)(b) is not 94
144144 eligible for any reduction of his or her term of supervision 95
145145 under this section. 96
146146 Section 4. Section 948.30, Florida Statutes, is amended to 97
147147 read: 98
148148 948.30 Additional terms and conditions of probation or 99
149149 community control for certain sex offenses. —Conditions imposed 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 pursuant to this section do not require oral pronouncement at 101
163163 the time of sentencing and shall be considered standard 102
164164 conditions of probation or community control for offenders 103
165165 specified in this section. 104
166166 (1) Effective for probationers or community controllees 105
167167 whose crime was committed on or after October 1, 1995, and who 106
168168 are placed under supervision for a violation of chapter 794, s . 107
169169 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose 108
170170 crime was committed on or after July 1, 2021, and who are placed 109
171171 under supervision for a violation of s. 787.06(3)(b), (d), (f), 110
172172 or (g), or whose crime was committed on or after July 1, 2023, 111
173173 and who are placed under supervision for attempting, soliciting, 112
174174 or conspiring to commit a violation of s. 787.06(3)(b), (d), 113
175175 (f), or (g); chapter 794; s. 800.04; s. 827.071; s. 847.0135(5); 114
176176 or s. 847.0145, the court must impose the following conditions 115
177177 in addition to all other standard and special conditions 116
178178 imposed: 117
179179 (a) A mandatory curfew from 10 p.m. to 6 a.m. The court 118
180180 may designate another 8 -hour period if the offender's employment 119
181181 precludes the above specified time, and the alternative is 120
182182 recommended by the Department of Corrections. If the court 121
183183 determines that imposing a curfew would endanger the victim, the 122
184184 court may consider alternative sanctions. 123
185185 (b) If the victim was under the age of 18, a prohibition 124
186186 on living within 1,000 feet of a school, c hild care facility, 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 park, playground, or other place where children regularly 126
200200 congregate, as prescribed by the court. The 1,000 -foot distance 127
201201 shall be measured in a straight line from the offender's place 128
202202 of residence to the nearest boundary line of the sc hool, child 129
203203 care facility, park, playground, or other place where children 130
204204 congregate. The distance may not be measured by a pedestrian 131
205205 route or automobile route. A probationer or community controllee 132
206206 who is subject to this paragraph may not be forced to r elocate 133
207207 and does not violate his or her probation or community control 134
208208 if he or she is living in a residence that meets the 135
209209 requirements of this paragraph and a school, child care 136
210210 facility, park, playground, or other place where children 137
211211 regularly congregate is subsequently established within 1,000 138
212212 feet of his or her residence. 139
213213 (c) Active participation in and successful completion of a 140
214214 sex offender treatment program with qualified practitioners 141
215215 specifically trained to treat sex offenders, at the 142
216216 probationer's or community controllee's own expense. If a 143
217217 qualified practitioner is not available within a 50 -mile radius 144
218218 of the probationer's or community controllee's residence, the 145
219219 offender shall participate in other appropriate therapy. 146
220220 (d) A prohibition on a ny contact with the victim, directly 147
221221 or indirectly, including through a third person, unless approved 148
222222 by the victim, a qualified practitioner in the sexual offender 149
223223 treatment program, and the sentencing court. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 (e) If the victim was under the age of 18, a prohibition 151
237237 on contact with a child under the age of 18 except as provided 152
238238 in this paragraph. The court may approve supervised contact with 153
239239 a child under the age of 18 if the approval is based upon a 154
240240 recommendation for contact issued by a qualified practi tioner 155
241241 who is basing the recommendation on a risk assessment. Further, 156
242242 the sex offender must be currently enrolled in or have 157
243243 successfully completed a sex offender therapy program. The court 158
244244 may not grant supervised contact with a child if the contact is 159
245245 not recommended by a qualified practitioner and may deny 160
246246 supervised contact with a child at any time. When considering 161
247247 whether to approve supervised contact with a child, the court 162
248248 must review and consider the following: 163
249249 1. A risk assessment completed by a qualified 164
250250 practitioner. The qualified practitioner must prepare a written 165
251251 report that must include the findings of the assessment and 166
252252 address each of the following components: 167
253253 a. The sex offender's current legal status; 168
254254 b. The sex offender's history of adult charges with 169
255255 apparent sexual motivation; 170
256256 c. The sex offender's history of adult charges without 171
257257 apparent sexual motivation; 172
258258 d. The sex offender's history of juvenile charges, 173
259259 whenever available; 174
260260 e. The sex offender's offender treatment histo ry, 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 including consultations with the sex offender's treating, or 176
274274 most recent treating, therapist; 177
275275 f. The sex offender's current mental status; 178
276276 g. The sex offender's mental health and substance abuse 179
277277 treatment history as provided by the Department of Co rrections; 180
278278 h. The sex offender's personal, social, educational, and 181
279279 work history; 182
280280 i. The results of current psychological testing of the sex 183
281281 offender if determined necessary by the qualified practitioner; 184
282282 j. A description of the proposed contact, inc luding the 185
283283 location, frequency, duration, and supervisory arrangement; 186
284284 k. The child's preference and relative comfort level with 187
285285 the proposed contact, when age appropriate; 188
286286 l. The parent's or legal guardian's preference regarding 189
287287 the proposed contact; and 190
288288 m. The qualified practitioner's opinion, along with the 191
289289 basis for that opinion, as to whether the proposed contact would 192
290290 likely pose significant risk of emotional or physical harm to 193
291291 the child. 194
292292 195
293293 The written report of the assessment must be given to the court; 196
294294 2. A recommendation made as a part of the risk assessment 197
295295 report as to whether supervised contact with the child should be 198
296296 approved; 199
297297 3. A written consent signed by the child's parent or legal 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 guardian, if the parent or legal guardian is not the sex 201
311311 offender, agreeing to the sex offender having supervised contact 202
312312 with the child after receiving full disclosure of the sex 203
313313 offender's present legal status, past criminal history, and the 204
314314 results of the risk assessment. The court may not approve 205
315315 contact with the child if the parent or legal guardian refuses 206
316316 to give written consent for supervised contact; 207
317317 4. A safety plan prepared by the qualified practitioner, 208
318318 who provides treatment to the offender, in collaboration with 209
319319 the sex offender, the child 's parent or legal guardian, if the 210
320320 parent or legal guardian is not the sex offender, and the child, 211
321321 when age appropriate, which details the acceptable conditions of 212
322322 contact between the sex offender and the child. The safety plan 213
323323 must be reviewed and appro ved by the court; and 214
324324 5. Evidence that the child's parent or legal guardian 215
325325 understands the need for and agrees to the safety plan and has 216
326326 agreed to provide, or to designate another adult to provide, 217
327327 constant supervision any time the child is in contact with the 218
328328 offender. 219
329329 220
330330 The court may not appoint a person to conduct a risk assessment 221
331331 and may not accept a risk assessment from a person who has not 222
332332 demonstrated to the court that he or she has met the 223
333333 requirements of a qualified practitioner as defined in t his 224
334334 section. 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 (f) If the victim was under age 18, a prohibition on 226
348348 working for pay or as a volunteer at any place where children 227
349349 regularly congregate, including, but not limited to, schools, 228
350350 child care facilities, parks, playgrounds, pet stores, 229
351351 libraries, zoos, theme parks, and malls. 230
352352 (g) Unless otherwise indicated in the treatment plan 231
353353 provided by a qualified practitioner in the sexual offender 232
354354 treatment program, a prohibition on viewing, accessing, owning, 233
355355 or possessing any obscene, pornographic, or s exually stimulating 234
356356 visual or auditory material, including telephone, electronic 235
357357 media, computer programs, or computer services that are relevant 236
358358 to the offender's deviant behavior pattern. 237
359359 (h) Effective for probationers and community controllees 238
360360 whose crime is committed on or after July 1, 2005, a prohibition 239
361361 on accessing the Internet or other computer services until a 240
362362 qualified practitioner in the offender's sex offender treatment 241
363363 program, after a risk assessment is completed, approves and 242
364364 implements a safety plan for the offender's accessing or using 243
365365 the Internet or other computer services. 244
366366 (i) A requirement that the probationer or community 245
367367 controllee must submit a specimen of blood or other approved 246
368368 biological specimen to the Department of Law Enfor cement to be 247
369369 registered with the DNA data bank. 248
370370 (j) A requirement that the probationer or community 249
371371 controllee make restitution to the victim, as ordered by the 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 court under s. 775.089, for all necessary medical and related 251
385385 professional services relating to physical, psychiatric, and 252
386386 psychological care. 253
387387 (k) Submission to a warrantless search by the community 254
388388 control or probation officer of the probationer's or community 255
389389 controllee's person, residence, or vehicle. 256
390390 (2) Effective for a probationer or comm unity controllee 257
391391 whose crime was committed on or after October 1, 1997, and who 258
392392 is placed on community control or sex offender probation for a 259
393393 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), 260
394394 or s. 847.0145, or whose crime was committed on or after July 1, 261
395395 2021, and who is placed on community control or sex offender 262
396396 probation for a violation of s. 787.06(3)(b), (d), (f), or (g), 263
397397 or whose crime was committed on or after July 1, 2023, and who 264
398398 is placed on community control or sex offender prob ation for 265
399399 attempting, soliciting, or conspiring to commit a violation of 266
400400 s. 787.06(3)(b), (d), (f), or (g); chapter 794; s. 800.04; s. 267
401401 827.071; s. 847.0135(5); or s. 847.0145, in addition to any 268
402402 other provision of this section, the court must impose the 269
403403 following conditions of probation or community control: 270
404404 (a) As part of a treatment program, participation at least 271
405405 annually in polygraph examinations to obtain information 272
406406 necessary for risk management and treatment and to reduce the 273
407407 sex offender's denial mechanisms. A polygraph examination must 274
408408 be conducted by a polygrapher who is a member of a national or 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 state polygraph association and who is certified as a 276
422422 postconviction sex offender polygrapher, where available, and 277
423423 shall be paid for by the probationer or community controllee. 278
424424 The results of the polygraph examination shall be provided to 279
425425 the probationer's or community controllee's probation officer 280
426426 and qualified practitioner and shall not be used as evidence in 281
427427 court to prove that a violation of communi ty supervision has 282
428428 occurred. 283
429429 (b) Maintenance of a driving log and a prohibition against 284
430430 driving a motor vehicle alone without the prior approval of the 285
431431 supervising officer. 286
432432 (c) A prohibition against obtaining or using a post office 287
433433 box without the prio r approval of the supervising officer. 288
434434 (d) If there was sexual contact, a submission to, at the 289
435435 probationer's or community controllee's expense, an HIV test 290
436436 with the results to be released to the victim or the victim's 291
437437 parent or guardian. 292
438438 (e) Electronic monitoring when deemed necessary by the 293
439439 community control or probation officer and his or her 294
440440 supervisor, and ordered by the court at the recommendation of 295
441441 the Department of Corrections. 296
442442 (3) Effective for a probationer or community controllee 297
443443 whose crime was committed on or after September 1, 2005, and 298
444444 who: 299
445445 (a) Is placed on probation or community control for a 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 violation of chapter 794 ;, s. 800.04(4), (5), or (6) ;, s. 301
459459 827.071;, or s. 847.0145, or is placed on probation or community 302
460460 control on or after July 1, 2023, for attempting, soliciting, or 303
461461 conspiring to commit a violation of chapter 794; s. 800.04(4), 304
462462 (5), or (6); s. 827.071; or s. 847.0145, and the unlawful sexual 305
463463 activity involved a victim 15 years of age or younger and the 306
464464 offender is 18 years of age or older; 307
465465 (b) Is designated a sexual predator pursuant to s. 775.21; 308
466466 or 309
467467 (c) Has previously been convicted of a violation of 310
468468 chapter 794;, s. 800.04(4), (5), or (6) ;, s. 827.071;, or s. 311
469469 847.0145 and the unlawful sexual activity involved a victim 15 312
470470 years of age or younger and the offender is 18 years of age or 313
471471 older, 314
472472 315
473473 the court must order, in addition to any other provision of this 316
474474 section, mandatory electronic monitoring as a condition of the 317
475475 probation or community control supervision. 318
476476 (4) In addition to all other conditions imposed, for a 319
477477 probationer or community controllee who is subject to 320
478478 supervision for a crime that was committed on or after May 26, 321
479479 2010, and who has been convicted at any time of committing, or 322
480480 attempting, soliciting, or co nspiring to commit, any of the 323
481481 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a 324
482482 similar offense in another jurisdiction, against a victim who 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 was under the age of 18 at the time of the offense; if the 326
496496 offender has not received a pardon for any fe lony or similar law 327
497497 of another jurisdiction necessary for the operation of this 328
498498 subsection, if a conviction of a felony or similar law of 329
499499 another jurisdiction necessary for the operation of this 330
500500 subsection has not been set aside in any postconviction 331
501501 proceeding, or if the offender has not been removed from the 332
502502 requirement to register as a sexual offender or sexual predator 333
503503 pursuant to s. 943.04354, the court must impose the following 334
504504 conditions: 335
505505 (a) A prohibition on visiting schools, child care 336
506506 facilities, parks, and playgrounds, without prior approval from 337
507507 the offender's supervising officer. The court may also designate 338
508508 additional locations to protect a victim. The prohibition 339
509509 ordered under this paragraph does not prohibit the offender from 340
510510 visiting a school, child care facility, park, or playground for 341
511511 the sole purpose of attending a religious service as defined in 342
512512 s. 775.0861 or picking up or dropping off the offender's 343
513513 children or grandchildren at a child care facility or school. 344
514514 (b) A prohibition on distributing candy or other items to 345
515515 children on Halloween; wearing a Santa Claus costume, or other 346
516516 costume to appeal to children, on or preceding Christmas; 347
517517 wearing an Easter Bunny costume, or other costume to appeal to 348
518518 children, on or preceding Easter; entertaining at children's 349
519519 parties; or wearing a clown costume; without prior approval from 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529529
530530
531531
532532 the court. 351
533533 (5) Effective for a probationer or community controllee 352
534534 whose crime was committed on or after October 1, 2014, and who 353
535535 is placed on probation or community control for a violation of 354
536536 chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 355
537537 847.0145, or whose crime was committed on or after July 1, 2023, 356
538538 and who is placed on probation or community control for 357
539539 attempting, soliciting, o r conspiring to commit a violation of 358
540540 chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 359
541541 847.0145, in addition to all other conditions imposed, the court 360
542542 must impose a condition prohibiting the probationer or community 361
543543 controllee from viewing, acces sing, owning, or possessing any 362
544544 obscene, pornographic, or sexually stimulating visual or 363
545545 auditory material unless otherwise indicated in the treatment 364
546546 plan provided by a qualified practitioner in the sexual offender 365
547547 treatment program. Visual or auditory ma terial includes, but is 366
548548 not limited to, telephone, electronic media, computer programs, 367
549549 and computer services. 368
550550 Section 5. This act shall take effect July 1, 2023. 369