Governor Scott signs Sex Offender Bill (HB 1301) into Law
Add 2018 to the list of years in which the sex offender registry became more onerous and restrictive (and punitive). Governor Rick Scott signed HB 1301/SB 1226 into law.
CS/HB 1301/SB 1226 Sexual Offenders and Predators – This bill enhances registration requirements for sexual offenders and sexual predators. It shortens the time that a registrant is required to register a residence (even temporary) from 5 days to 3 days and it imposes a 6 month mandatory minimum community control sentence with GPS monitoring for any technical registration violation.
The registry is NOTHING like it was in 2003 when the Supreme Court of the United States agreed that it was no more onerous than a price club membership application.
Our Ex Post Facto lawsuit is coming!
Discover more from Florida Action Committee
Subscribe to get the latest posts sent to your email.
Anybody know anything on Lake county? Residency for SOs in Lake County?
Can a sexual predator visit a public school for any reason in Florida?
Yes – let the school know. If you’re not there for your child, grandchild, etc., nobody has business visiting a school. Different counties have different requirements.
Very interesting summary!!
Hi.
I need help/an advise.
What are sex predator residency requirements in orange county or surrounding counties if you know. No underage children involved. Trying to buy property or a land and build on it so when he is released,which is in about a year, i wouldn’t worry about trying to find a place to move to. Do any of the counties print flyers and hang them on trees and poles to notify neighbors? Should i worry about vandalism? What should i look for when buying the property what kind of areas? I really need help ,i do not know who else to ask about this. The pd or agency does not give me much detail. What area should i look for? With a lot of neighbors or rural? I know I need something without HOA but anything else?
Meant to say no children or teenagers were involved. I know i will a dight ahead of since the label is sexual predator ,it will automatically be assume a child was involved. But i really need help finding a location where we wont be bothered.
i’m in a rural area and these are mostly acre lots and there are several SO’s maybe 700 homes at most in the area i think closer to 500 and there are several SO’s out here and there never been any vandalism. i been out here like 15 years thus i been out here longer than 70% of the people. most of it is mobile homes, i lived in an old junky one and rented my good nice one out, then just built a new home and had the junk trailer trashed. since then a year ago there is another new home that’s being built a few empty lots from me not sure if it’s sold yet but never no problem out here, every now n then there will be some asshole that tries to run their mouth on facebook n that’s all ignored,
Thank you so much for the response. Im thinking about what else i should plan or maybe shouldn’t. Just trying to be prepared
It’s good that you’re planning ahead, but also resist the temptation to overthink things or imagine worst-case scenarios. The laws and conditions that apply to him will be presented in writing. While those should be taken seriously, they should never be taken personally.
Equally important, where laws or conditions DON’T say he can’t do something, he can do it! He may need to resist the temptation to artificially limit himself. That would slow his rehabilitation.
Hi Alana,
I searched Municode for Orange County and I find no specific residency restrictions, so you would follow the state law of 1,000 feet. However, in the City of Orlando, there is a 1,500 foot code/ordinance for both offenders and predators. You can search Municode for other cities within Orange County or surrounding counties and cities. The best way I have found to use Municode is to google something like “municode orange county” and go to that link rather than trying to navigate within the municode website.
In my opinion, I would not live in a rural area. Vandalism is always a concern so I keep comprehensive coverage on my vehicles with a low deductible. The premiums are really lower than you would think. I hope that helps and if you need any more assistance will be glad to help you.
Thanks for sharing that, JZ! Good info.
correct, orange county has no laws, now they are some cities within orange county that do, i do not think orlando has any special rules (although channel 9 A#$holes so call news reporters that do not know their ass from a hole in the ground keep running stories trying to create fear and that i’m scared one day will make orlando add on rules)
Thank you for responding. When you say 1,500 do you mean from a school or park? If so, doesn’t that apply to crimes involving underage victims?
Can you shed some light on to what to expect from neighbors? I keep imagining the worst scenarios like people gathering around our house and harassing.
Neighbors. My offense was before 1996. I moved into my home in 2003. Thank God I have never had any issues with any of my neighbors; to date. Lets hope that continues. The ones to my left facing the street go to the same church and the ones to my right have been great, they moved in after us though.
Here is some keys for success:
Be friendly. Wave to your neighbors. Talk to them. Do Not hide, if they know they know and by hiding you look sneaky.
Try to have the best looking lawn on the street.
Take the trash cans to the street on trash day, full or not.
Keep your hedges trimmed, your house painted, cars in good shape.
Have friends and family over.
Be friendly. Wave to your neighbors.
1 and 6 are the same to make the point. Be a great neighbor. Perception is most people’s reality. Just because we are on the registry doesnt make us that person today. That is how you change perspective and perception.
Hope this helps.
Tearful Eagle, great advice. I have lived in my home for over 15 years and the actions you recommend have worked well for me. If you want good neighbors, be a good neighbor.
Thank you so much. Thanks for the advise. And taking time to respond
So the police going around and letting your neighbors know doesn’t really happen does it? It just seemed anywhere i read or watched , they kept painting a very scary picture where you could never imagining surviving in.
That sounds like it would be a costly use of police resources. I don’t know why they would want to stir things up. There may be community notification in the form of a flyer mailed to them. A prospect which may sound frightening to you but probably will have less impact than you think. Many people simply don’t care.
Yes, I was outed when I lived in Florida. Some lovely neighbor sent a printed copy of my FDLE flyer to everyone in the building – with no return address of course!
From that point on it was terrible. I was avoided and there was a business owner who lived in the building who was buddy buddy with the police who started knocking at my door every other week.
That was the last straw and we packed up and moved out of Florida to California never looking back…except…of course, that Florida lists you FOR LIFE so even though I have not lived in OR even visited relatives in the state for 15 years now Florida continues to have a death grip on me and I am forced to register everywhere I go!
Florida is simply run by sociopaths and greedy sociopaths at that – such as Senator Lauren Book the “lottery winner” of professional victims!
Did you live in an apartment building? How is California though? I have heard that California is pretty strict as well, and somewhat dangerous because of gangs and stuff. Supposedly they are very aggressive towards SO or SP. Also if you flew? How was that experience with the security at the airport?
Also, try to resist the temptation to view or read local news media stories about sexual predators. Most people realize that the local media is engaging in a little sensationalism. Those stories have nothing to do with your family member.
Thanks for your tips & encouragement. My situation is similar. ’92 conviction, living at same residence since ’97. I’m close with neighbors, we help each other, even house sit, when vacationing. I was even asked to assist with HOA. Being friendly with a wave, a smile & conversations, works for me too.
Regarding neighbors, the above is outstanding advice. Yes, there are distance requirements, and there may be certain probation conditions, but beyond that, there is NOTHING that says that he is required to isolate himself and nothing that says he is not allowed to be a good neighbor. Gathering around someone’s house to harass them is not a normal situation AT ALL.
With regard to your question re. underage victims-a unfortunately Florida law makes no distinction, other than to designate someone either Offender or Predator.
Congratulations on his pending release! His life is going to be better.
Adding to Jacob – many municipalities DO make a distinction for people with a minor victim when it comes to SORRs.
Thank you so much.
Alana,
Here’s the Orlando City Ordinance:
https://library.municode.com/fl/orlando/codes/code_of_ordinances?nodeId=TITIICICO_CH43MIOF_S43.94RERESEOF
Sec. 43.94. – Residency restrictions for sex offenders.
(1) As used in this section, the term:
a. “Child care facility” has the same meaning as provided in Section 402.302, Florida Statutes.
b. “Park” means all public and private property specifically designated as being used for recreational purposes.
c. “Playground” means a designated area for children that has one or more play structures.
d. “School” has the same meaning as provided in section 1003.01, Florida Statutes, and includes private schools as defined in section 1002.01, Florida Statutes, a voluntary prekindergarten education program as described in section 1002.53(3), Florida Statutes, a public school described in section 402.3025(1), Florida Statutes, the Florida School for the Deaf and Blind, the Florida Virtual School as established under section 1002.37, Florida Statutes, and a K-8 Virtual School as established under section 1002.415, Florida Statutes, but does not include facilities dedicated exclusively to the education of adults.
(2) A person who has been convicted of a violation of sections 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,500 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,500 feet of his or her residence. This subsection applies to any person convicted of such a violation for offenses that occur on or after October 1, 2004, except for persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to section 943.04354, Florida Statutes.
(3) A person who has been convicted in a jurisdiction other than Florida of an offense that is similar to a violation of sections 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,500 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,500 feet of his or her residence. This subsection applies to any person convicted of such a violation for offenses that occur on or after May 26, 2010, except for persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to section 943.04354, Florida Statutes.
(Ord. No. 2013-26, § 1, 5-20-2013, Doc. #1305201202)
If your husband will be on SO probation, many or all of these conditions will apply:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.30.html
948.30 Additional terms and conditions of probation or community control for certain sex offenses.—Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section.
(1) Effective for probationers or community controllees whose crime was committed on or after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court must impose the following conditions in addition to all other standard and special conditions imposed:
(a) A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender’s employment precludes the above specified time, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions.
(b) If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, child care facility, park, playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a straight line from the offender’s place of residence to the nearest boundary line of the school, child care facility, park, playground, or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route. A probationer or community controllee who is subject to this paragraph may not be forced to relocate and does not violate his or her probation or community control if he or she is living in a residence that meets the requirements of this paragraph and a school, child care facility, park, playground, or other place where children regularly congregate is subsequently established within 1,000 feet of his or her residence.
(c) Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the probationer’s or community controllee’s own expense. If a qualified practitioner is not available within a 50-mile radius of the probationer’s or community controllee’s residence, the offender shall participate in other appropriate therapy.
(d) A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, a qualified practitioner in the sexual offender treatment program, and the sentencing court.
(e) If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. The court may not grant supervised contact with a child if the contact is not recommended by a qualified practitioner and may deny supervised contact with a child at any time. When considering whether to approve supervised contact with a child, the court must review and consider the following:
1. A risk assessment completed by a qualified practitioner. The qualified practitioner must prepare a written report that must include the findings of the assessment and address each of the following components:
a. The sex offender’s current legal status;
b. The sex offender’s history of adult charges with apparent sexual motivation;
c. The sex offender’s history of adult charges without apparent sexual motivation;
d. The sex offender’s history of juvenile charges, whenever available;
e. The sex offender’s offender treatment history, including consultations with the sex offender’s treating, or most recent treating, therapist;
f. The sex offender’s current mental status;
g. The sex offender’s mental health and substance abuse treatment history as provided by the Department of Corrections;
h. The sex offender’s personal, social, educational, and work history;
i. The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner;
j. A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement;
k. The child’s preference and relative comfort level with the proposed contact, when age appropriate;
l. The parent’s or legal guardian’s preference regarding the proposed contact; and
m. The qualified practitioner’s opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child.
The written report of the assessment must be given to the court;
2. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved;
3. A written consent signed by the child’s parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offender’s present legal status, past criminal history, and the results of the risk assessment. The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact;
4. A safety plan prepared by the qualified practitioner, who provides treatment to the offender, in collaboration with the sex offender, the child’s parent or legal guardian, if the parent or legal guardian is not the sex offender, and the child, when age appropriate, which details the acceptable conditions of contact between the sex offender and the child. The safety plan must be reviewed and approved by the court; and
5. Evidence that the child’s parent or legal guardian understands the need for and agrees to the safety plan and has agreed to provide, or to designate another adult to provide, constant supervision any time the child is in contact with the offender.
The court may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the court that he or she has met the requirements of a qualified practitioner as defined in this section.
(f) If the victim was under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to, schools, child care facilities, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malls.
(g) Unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offender’s deviant behavior pattern.
(h) Effective for probationers and community controllees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until a qualified practitioner in the offender’s sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offender’s accessing or using the Internet or other computer services.
(i) A requirement that the probationer or community controllee must submit a specimen of blood or other approved biological specimen to the Department of Law Enforcement to be registered with the DNA data bank.
(j) A requirement that the probationer or community controllee make restitution to the victim, as ordered by the court under s. 775.089, for all necessary medical and related professional services relating to physical, psychiatric, and psychological care.
(k) Submission to a warrantless search by the community control or probation officer of the probationer’s or community controllee’s person, residence, or vehicle.
(2) Effective for a probationer or community controllee whose crime was committed on or after October 1, 1997, and who is placed on community control or sex offender probation for a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition to any other provision of this section, the court must impose the following conditions of probation or community control:
(a) As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender’s denial mechanisms. A polygraph examination must be conducted by a polygrapher who is a member of a national or state polygraph association and who is certified as a postconviction sex offender polygrapher, where available, and shall be paid for by the probationer or community controllee. The results of the polygraph examination shall be provided to the probationer’s or community controllee’s probation officer and qualified practitioner and shall not be used as evidence in court to prove that a violation of community supervision has occurred.
(b) Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer.
(c) A prohibition against obtaining or using a post office box without the prior approval of the supervising officer.
(d) If there was sexual contact, a submission to, at the probationer’s or community controllee’s expense, an HIV test with the results to be released to the victim or the victim’s parent or guardian.
(e) Electronic monitoring when deemed necessary by the community control or probation officer and his or her supervisor, and ordered by the court at the recommendation of the Department of Corrections.
(3) Effective for a probationer or community controllee whose crime was committed on or after September 1, 2005, and who:
(a) Is placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older;
(b) Is designated a sexual predator pursuant to s. 775.21; or
(c) Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older,
the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision.
(4) In addition to all other conditions imposed, for a probationer or community controllee who is subject to supervision for a crime that was committed on or after May 26, 2010, and who has been convicted at any time of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a similar offense in another jurisdiction, against a victim who was under the age of 18 at the time of the offense; if the offender has not received a pardon for any felony or similar law of another jurisdiction necessary for the operation of this subsection, if a conviction of a felony or similar law of another jurisdiction necessary for the operation of this subsection has not been set aside in any postconviction proceeding, or if the offender has not been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354, the court must impose the following conditions:
(a) A prohibition on visiting schools, child care facilities, parks, and playgrounds, without prior approval from the offender’s supervising officer. The court may also designate additional locations to protect a victim. The prohibition ordered under this paragraph does not prohibit the offender from visiting a school, child care facility, park, or playground for the sole purpose of attending a religious service as defined in s. 775.0861 or picking up or dropping off the offender’s children or grandchildren at a child care facility or school.
(b) A prohibition on distributing candy or other items to children on Halloween; wearing a Santa Claus costume, or other costume to appeal to children, on or preceding Christmas; wearing an Easter Bunny costume, or other costume to appeal to children, on or preceding Easter; entertaining at children’s parties; or wearing a clown costume; without prior approval from the court.
(5) Effective for a probationer or community controllee whose crime was committed on or after October 1, 2014, and who is placed on probation or community control for a violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition to all other conditions imposed, the court must impose a condition prohibiting the probationer or community controllee from viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program. Visual or auditory material includes, but is not limited to, telephone, electronic media, computer programs, and computer services.
History.—s. 59, ch. 95-283; s. 6, ch. 96-409; s. 3, ch. 97-308; s. 14, ch. 98-81; s. 13, ch. 99-201; s. 3, ch. 2000-246; s. 1, ch. 2003-18; s. 1, ch. 2003-63; s. 18, ch. 2004-373; s. 151, ch. 2005-2; s. 20, ch. 2005-28; s. 4, ch. 2005-67; s. 31, ch. 2008-172; ss. 12, 18, ch. 2010-92; s. 15, ch. 2014-4; s. 60, ch. 2016-24; s. 13, ch. 2016-104.
Note.—Former s. 948.03(5).
Thank you
Similar to Alana’s question how do we find out what the “local” SOR distance rules are for residency and if they differ from those identified in Florida Statutes for Sex Offenders ( not predators) ? Specifically those in Palm Coast FL, or in Flagler County. I’ve googled and googled but cannot seem to find anything pertinent. Thanks
Go on Municode
https://library.municode.com/fl
I dont get it: my local is totally different from the county:
Here theyre talking about 14 days: and my statue osnt evwn listed : (federal and out of state)
There truly is no rhyme or reason and now i inderstand the disconnect between county sheriffs and city police.
My municode;
Permanent residence means a place where a person abides, lodges, or resides for a period of 14 or more consecutive days.
Temporary residence means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month which is not the person’s permanent residence.
I don’t see how any one under the old law is required to abide by the new laws they implement, I was convicted back in 1996 which makes me under the old guide lines which i follow and so far every where I’ve moved has kept me under the old guide lines,so how is Florida making those people follow the new laws when they are supposed to be under the old laws??? I also agree that after 23 years and no re offending you should be taking of the offenders list,because after that amount of time i think you proved your self and you have never gotten another offense not even a speeding ticket in 23 yrs whats the sense in being on the list any longer?
Darrell, I’m sure most reading your comment will agree as well. Unfortunately the laws do not reflect our point of view.
Can a sexoffender live in a home with minors if his charge was statutory rape and failed to register I need help I have to get my step daughter away she is only 3 and I am scared for her 😭😭😭😭😭😭😭
If he is on probation or parole then yes contact the agency’s. If not then contact the police for a protection order. You gave rights.
You’re in fear for your stepdaughter why?
You didn’t provide much in the way of information. Such as, how old was this person when the crime happened? How did it happen, how long ago was it, etc…
You are in fear, i get that. I’m also under the impression that you are new to this site and do not know the facts that show that those who have a past sexual offense are very unlikely to commit another crime of that nature again?
Sc,
Multiple Posts, no change in language. Has been offered help on who to contact.
IF this woman “wanted help” she would have called the PO first, then Law Enforcement. WHY (IF you were this woman would you continue to post and not follow ANY advice?)
I try to give EVERY POSTER on here a chance, a listen, a choice, advice. BUT, when the poster doesnt provide any “updates”, ask for help(phone numbers, location/state)
Just the same old post, over & over; I suspect TROLL
No, IF prohibited by parole/probation officer, protection order, or owner or tenant of the premises. I’m not a lawyer, though.
If their charge was statutory rape, then presumably they have not been accused of a crime against anyone nearly as young as your stepdaughter.
If they have been offense-free in the community for many years, then statistically their risk to your stepdaughter is about the same as everyone else. You need to assess who will be alone with your stepdaughter, and criminal background is not sufficient, because about 95% of crimes against children are perpetrated by someone with no criminal background.
Stepmom,
If this individual is on probation or parole, then (more than likely) the court imposed some restrictions against him being alone with minors. If he has successfully completed treatment, then it’s possible that he could be alone or live with minors. You will need to obtain a copy of the probation/parole order for specific details. If he is not under sanctions, then there is no Florida Statue preventing this man from living with children. A judge cannot issue an Injunction for Protection based on this Person’s Obligation to Register. Please keep in mind that he has rights too.
Yes a sex offender can live in the house with a child their is no law stating he can’t. That’s like asking if a sex offender can have children of their own which is also a yes. There is absolutely nothing you can do about it.