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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
1
An act relating to custody and supervision of 2
specified offenders; amending s. 794.011, F.S.; 3
excluding certain offenders from eligibility to 4
receive basic gain-time; amending s. 944.275, F.S.; 5
excluding certain offenders from eligibility to 6
receive incentive gain -time; amending s. 948.05, F.S.; 7
excluding certain offenders from eligibility for 8
specified reductions to a term of supervision; 9
amending s. 948.30, F.S.; requiring a court to impose 10
additional conditions of supervision on specified 11
offenders; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Subsection (7) of section 794.011, Flo rida 16
Statutes, is amended to read: 17
794.011 Sexual battery. — 18
(7)(a) A person who is convicted of committing a sexual 19
battery on or after October 1, 1992, is not eligible for basic 20
gain-time under s. 944.275. 21
(b) Notwithstanding paragraph (a), for sent ences imposed 22
for offenses committed on or after July 1, 2023, a person who is 23
convicted of committing or attempting, soliciting, or conspiring 24
to commit a sexual battery in violation of this section is not 25
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eligible for basic gain -time under s. 944.275. 26
(c) This subsection may be cited as the "Junny Rios -27
Martinez, Jr. Act of 1992." 28
Section 2. Paragraph (e) of subsection (4) of section 29
944.275, Florida Statutes, is amended, and paragraph (b) of that 30
subsection is republished, to read: 31
944.275 Gain-time.— 32
(4) 33
(b) For each month in which an inmate works diligently, 34
participates in training, uses time constructively, or otherwise 35
engages in positive activities, the department may grant 36
incentive gain-time in accordance with this paragraph. The rate 37
of incentive gain-time in effect on the date the inmate 38
committed the offense which resulted in his or her incarceration 39
shall be the inmate's rate of eligibility to earn incentive 40
gain-time throughout the period of incarceration and shall not 41
be altered by a subsequent change in the severity level of the 42
offense for which the inmate was sentenced. 43
1. For sentences imposed for offenses committed prior to 44
January 1, 1994, up to 20 days of incentive gain -time may be 45
granted. If granted, such gain -time shall be credited and 46
applied monthly. 47
2. For sentences imposed for offenses committed on or 48
after January 1, 1994, and before October 1, 1995: 49
a. For offenses ranked in offense severity levels 1 50
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through 7, under former s. 921.0012 or former s. 921.0013, up t o 51
25 days of incentive gain -time may be granted. If granted, such 52
gain-time shall be credited and applied monthly. 53
b. For offenses ranked in offense severity levels 8, 9, 54
and 10, under former s. 921.0012 or former s. 921.0013, up to 20 55
days of incentive gain-time may be granted. If granted, such 56
gain-time shall be credited and applied monthly. 57
3. For sentences imposed for offenses committed on or 58
after October 1, 1995, the department may grant up to 10 days 59
per month of incentive gain -time. 60
(e) 1. Notwithstanding subparagraph (b)3., for sentences 61
imposed for offenses committed on or after October 1, 2014, and 62
before July 1, 2023, the department may not grant incentive 63
gain-time if the offense is a violation of s. 782.04(1)(a)2.c.; 64
s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, 65
excluding s. 794.011(10); s. 800.04; s. 825.1025; or s. 66
847.0135(5). 67
2. Notwithstanding subparagraph (b)3., for sentences 68
imposed for offenses committed on or after July 1, 2023, the 69
department may not grant i ncentive gain-time if the offense is 70
for committing or attempting, soliciting, or conspiring to 71
commit a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 72
3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 73
794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5). 74
Section 3. Paragraph (e) of subsection (2) of section 75
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948.05, Florida Statutes, is amended, and paragraph (f) is added 76
to that subsection, to read: 77
948.05 Court to admonish or commend probationer or 78
offender in community control; gradua ted incentives.— 79
(2) The department shall implement a system of graduated 80
incentives to promote compliance with the terms of supervision, 81
encourage educational achievement and stable employment, and 82
prioritize the highest levels of supervision for probat ioners or 83
offenders presenting the greatest risk of recidivism. 84
(e) A probationer or offender in community control who 85
commits a subsequent violation of probation may forfeit any 86
previously earned probation incentive, as determined appropriate 87
by his or her probation officer. 88
(f) A probationer or offender in community control who is 89
placed under supervision for committing or attempting, 90
soliciting, or conspiring to commit a violation of any felony 91
offense described in s. 775.21(4)(a)1.a. or b. or s. 92
943.0435(1)(h)1.a., or who qualifies as a violent felony 93
offender of special concern under s. 948.06(8)(b) is not 94
eligible for any reduction of his or her term of supervision 95
under this section. 96
Section 4. Section 948.30, Florida Statutes, is amended to 97
read: 98
948.30 Additional terms and conditions of probation or 99
community control for certain sex offenses. —Conditions imposed 100
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pursuant to this section do not require oral pronouncement at 101
the time of sentencing and shall be considered standard 102
conditions of probation or community control for offenders 103
specified in this section. 104
(1) Effective for probationers or community controllees 105
whose crime was committed on or after October 1, 1995, and who 106
are placed under supervision for a violation of chapter 794, s . 107
800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose 108
crime was committed on or after July 1, 2021, and who are placed 109
under supervision for a violation of s. 787.06(3)(b), (d), (f), 110
or (g), or whose crime was committed on or after July 1, 2023, 111
and who are placed under supervision for attempting, soliciting, 112
or conspiring to commit a violation of s. 787.06(3)(b), (d), 113
(f), or (g); chapter 794; s. 800.04; s. 827.071; s. 847.0135(5); 114
or s. 847.0145, the court must impose the following conditions 115
in addition to all other standard and special conditions 116
imposed: 117
(a) A mandatory curfew from 10 p.m. to 6 a.m. The court 118
may designate another 8 -hour period if the offender's employment 119
precludes the above specified time, and the alternative is 120
recommended by the Department of Corrections. If the court 121
determines that imposing a curfew would endanger the victim, the 122
court may consider alternative sanctions. 123
(b) If the victim was under the age of 18, a prohibition 124
on living within 1,000 feet of a school, c hild care facility, 125
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park, playground, or other place where children regularly 126
congregate, as prescribed by the court. The 1,000 -foot distance 127
shall be measured in a straight line from the offender's place 128
of residence to the nearest boundary line of the sc hool, child 129
care facility, park, playground, or other place where children 130
congregate. The distance may not be measured by a pedestrian 131
route or automobile route. A probationer or community controllee 132
who is subject to this paragraph may not be forced to r elocate 133
and does not violate his or her probation or community control 134
if he or she is living in a residence that meets the 135
requirements of this paragraph and a school, child care 136
facility, park, playground, or other place where children 137
regularly congregate is subsequently established within 1,000 138
feet of his or her residence. 139
(c) Active participation in and successful completion of a 140
sex offender treatment program with qualified practitioners 141
specifically trained to treat sex offenders, at the 142
probationer's or community controllee's own expense. If a 143
qualified practitioner is not available within a 50 -mile radius 144
of the probationer's or community controllee's residence, the 145
offender shall participate in other appropriate therapy. 146
(d) A prohibition on a ny contact with the victim, directly 147
or indirectly, including through a third person, unless approved 148
by the victim, a qualified practitioner in the sexual offender 149
treatment program, and the sentencing court. 150
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(e) If the victim was under the age of 18, a prohibition 151
on contact with a child under the age of 18 except as provided 152
in this paragraph. The court may approve supervised contact with 153
a child under the age of 18 if the approval is based upon a 154
recommendation for contact issued by a qualified practi tioner 155
who is basing the recommendation on a risk assessment. Further, 156
the sex offender must be currently enrolled in or have 157
successfully completed a sex offender therapy program. The court 158
may not grant supervised contact with a child if the contact is 159
not recommended by a qualified practitioner and may deny 160
supervised contact with a child at any time. When considering 161
whether to approve supervised contact with a child, the court 162
must review and consider the following: 163
1. A risk assessment completed by a qualified 164
practitioner. The qualified practitioner must prepare a written 165
report that must include the findings of the assessment and 166
address each of the following components: 167
a. The sex offender's current legal status; 168
b. The sex offender's history of adult charges with 169
apparent sexual motivation; 170
c. The sex offender's history of adult charges without 171
apparent sexual motivation; 172
d. The sex offender's history of juvenile charges, 173
whenever available; 174
e. The sex offender's offender treatment histo ry, 175
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including consultations with the sex offender's treating, or 176
most recent treating, therapist; 177
f. The sex offender's current mental status; 178
g. The sex offender's mental health and substance abuse 179
treatment history as provided by the Department of Co rrections; 180
h. The sex offender's personal, social, educational, and 181
work history; 182
i. The results of current psychological testing of the sex 183
offender if determined necessary by the qualified practitioner; 184
j. A description of the proposed contact, inc luding the 185
location, frequency, duration, and supervisory arrangement; 186
k. The child's preference and relative comfort level with 187
the proposed contact, when age appropriate; 188
l. The parent's or legal guardian's preference regarding 189
the proposed contact; and 190
m. The qualified practitioner's opinion, along with the 191
basis for that opinion, as to whether the proposed contact would 192
likely pose significant risk of emotional or physical harm to 193
the child. 194
195
The written report of the assessment must be given to the court; 196
2. A recommendation made as a part of the risk assessment 197
report as to whether supervised contact with the child should be 198
approved; 199
3. A written consent signed by the child's parent or legal 200
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guardian, if the parent or legal guardian is not the sex 201
offender, agreeing to the sex offender having supervised contact 202
with the child after receiving full disclosure of the sex 203
offender's present legal status, past criminal history, and the 204
results of the risk assessment. The court may not approve 205
contact with the child if the parent or legal guardian refuses 206
to give written consent for supervised contact; 207
4. A safety plan prepared by the qualified practitioner, 208
who provides treatment to the offender, in collaboration with 209
the sex offender, the child 's parent or legal guardian, if the 210
parent or legal guardian is not the sex offender, and the child, 211
when age appropriate, which details the acceptable conditions of 212
contact between the sex offender and the child. The safety plan 213
must be reviewed and appro ved by the court; and 214
5. Evidence that the child's parent or legal guardian 215
understands the need for and agrees to the safety plan and has 216
agreed to provide, or to designate another adult to provide, 217
constant supervision any time the child is in contact with the 218
offender. 219
220
The court may not appoint a person to conduct a risk assessment 221
and may not accept a risk assessment from a person who has not 222
demonstrated to the court that he or she has met the 223
requirements of a qualified practitioner as defined in t his 224
section. 225
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(f) If the victim was under age 18, a prohibition on 226
working for pay or as a volunteer at any place where children 227
regularly congregate, including, but not limited to, schools, 228
child care facilities, parks, playgrounds, pet stores, 229
libraries, zoos, theme parks, and malls. 230
(g) Unless otherwise indicated in the treatment plan 231
provided by a qualified practitioner in the sexual offender 232
treatment program, a prohibition on viewing, accessing, owning, 233
or possessing any obscene, pornographic, or s exually stimulating 234
visual or auditory material, including telephone, electronic 235
media, computer programs, or computer services that are relevant 236
to the offender's deviant behavior pattern. 237
(h) Effective for probationers and community controllees 238
whose crime is committed on or after July 1, 2005, a prohibition 239
on accessing the Internet or other computer services until a 240
qualified practitioner in the offender's sex offender treatment 241
program, after a risk assessment is completed, approves and 242
implements a safety plan for the offender's accessing or using 243
the Internet or other computer services. 244
(i) A requirement that the probationer or community 245
controllee must submit a specimen of blood or other approved 246
biological specimen to the Department of Law Enfor cement to be 247
registered with the DNA data bank. 248
(j) A requirement that the probationer or community 249
controllee make restitution to the victim, as ordered by the 250
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court under s. 775.089, for all necessary medical and related 251
professional services relating to physical, psychiatric, and 252
psychological care. 253
(k) Submission to a warrantless search by the community 254
control or probation officer of the probationer's or community 255
controllee's person, residence, or vehicle. 256
(2) Effective for a probationer or comm unity controllee 257
whose crime was committed on or after October 1, 1997, and who 258
is placed on community control or sex offender probation for a 259
violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), 260
or s. 847.0145, or whose crime was committed on or after July 1, 261
2021, and who is placed on community control or sex offender 262
probation for a violation of s. 787.06(3)(b), (d), (f), or (g), 263
or whose crime was committed on or after July 1, 2023, and who 264
is placed on community control or sex offender prob ation for 265
attempting, soliciting, or conspiring to commit a violation of 266
s. 787.06(3)(b), (d), (f), or (g); chapter 794; s. 800.04; s. 267
827.071; s. 847.0135(5); or s. 847.0145, in addition to any 268
other provision of this section, the court must impose the 269
following conditions of probation or community control: 270
(a) As part of a treatment program, participation at least 271
annually in polygraph examinations to obtain information 272
necessary for risk management and treatment and to reduce the 273
sex offender's denial mechanisms. A polygraph examination must 274
be conducted by a polygrapher who is a member of a national or 275
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state polygraph association and who is certified as a 276
postconviction sex offender polygrapher, where available, and 277
shall be paid for by the probationer or community controllee. 278
The results of the polygraph examination shall be provided to 279
the probationer's or community controllee's probation officer 280
and qualified practitioner and shall not be used as evidence in 281
court to prove that a violation of communi ty supervision has 282
occurred. 283
(b) Maintenance of a driving log and a prohibition against 284
driving a motor vehicle alone without the prior approval of the 285
supervising officer. 286
(c) A prohibition against obtaining or using a post office 287
box without the prio r approval of the supervising officer. 288
(d) If there was sexual contact, a submission to, at the 289
probationer's or community controllee's expense, an HIV test 290
with the results to be released to the victim or the victim's 291
parent or guardian. 292
(e) Electronic monitoring when deemed necessary by the 293
community control or probation officer and his or her 294
supervisor, and ordered by the court at the recommendation of 295
the Department of Corrections. 296
(3) Effective for a probationer or community controllee 297
whose crime was committed on or after September 1, 2005, and 298
who: 299
(a) Is placed on probation or community control for a 300
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violation of chapter 794 ;, s. 800.04(4), (5), or (6) ;, s. 301
827.071;, or s. 847.0145, or is placed on probation or community 302
control on or after July 1, 2023, for attempting, soliciting, or 303
conspiring to commit a violation of chapter 794; s. 800.04(4), 304
(5), or (6); s. 827.071; or s. 847.0145, and the unlawful sexual 305
activity involved a victim 15 years of age or younger and the 306
offender is 18 years of age or older; 307
(b) Is designated a sexual predator pursuant to s. 775.21; 308
or 309
(c) Has previously been convicted of a violation of 310
chapter 794;, s. 800.04(4), (5), or (6) ;, s. 827.071;, or s. 311
847.0145 and the unlawful sexual activity involved a victim 15 312
years of age or younger and the offender is 18 years of age or 313
older, 314
315
the court must order, in addition to any other provision of this 316
section, mandatory electronic monitoring as a condition of the 317
probation or community control supervision. 318
(4) In addition to all other conditions imposed, for a 319
probationer or community controllee who is subject to 320
supervision for a crime that was committed on or after May 26, 321
2010, and who has been convicted at any time of committing, or 322
attempting, soliciting, or co nspiring to commit, any of the 323
criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a 324
similar offense in another jurisdiction, against a victim who 325
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was under the age of 18 at the time of the offense; if the 326
offender has not received a pardon for any fe lony or similar law 327
of another jurisdiction necessary for the operation of this 328
subsection, if a conviction of a felony or similar law of 329
another jurisdiction necessary for the operation of this 330
subsection has not been set aside in any postconviction 331
proceeding, or if the offender has not been removed from the 332
requirement to register as a sexual offender or sexual predator 333
pursuant to s. 943.04354, the court must impose the following 334
conditions: 335
(a) A prohibition on visiting schools, child care 336
facilities, parks, and playgrounds, without prior approval from 337
the offender's supervising officer. The court may also designate 338
additional locations to protect a victim. The prohibition 339
ordered under this paragraph does not prohibit the offender from 340
visiting a school, child care facility, park, or playground for 341
the sole purpose of attending a religious service as defined in 342
s. 775.0861 or picking up or dropping off the offender's 343
children or grandchildren at a child care facility or school. 344
(b) A prohibition on distributing candy or other items to 345
children on Halloween; wearing a Santa Claus costume, or other 346
costume to appeal to children, on or preceding Christmas; 347
wearing an Easter Bunny costume, or other costume to appeal to 348
children, on or preceding Easter; entertaining at children's 349
parties; or wearing a clown costume; without prior approval from 350
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the court. 351
(5) Effective for a probationer or community controllee 352
whose crime was committed on or after October 1, 2014, and who 353
is placed on probation or community control for a violation of 354
chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 355
847.0145, or whose crime was committed on or after July 1, 2023, 356
and who is placed on probation or community control for 357
attempting, soliciting, o r conspiring to commit a violation of 358
chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 359
847.0145, in addition to all other conditions imposed, the court 360
must impose a condition prohibiting the probationer or community 361
controllee from viewing, acces sing, owning, or possessing any 362
obscene, pornographic, or sexually stimulating visual or 363
auditory material unless otherwise indicated in the treatment 364
plan provided by a qualified practitioner in the sexual offender 365
treatment program. Visual or auditory ma terial includes, but is 366
not limited to, telephone, electronic media, computer programs, 367
and computer services. 368
Section 5. This act shall take effect July 1, 2023. 369