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CS/CS/HB 45 2026
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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
A bill to be entitled 1
An act relating to sexual offenders and sexual 2
predators; amending s. 775.215, F.S.; defining the 3
term "public swimming pool"; revising residency 4
restrictions for persons convicted of certain sexual 5
offenses occurring on or after a specified date; 6
providing penalties; providing applicability; defining 7
the term "permanent residence"; amending s. 856.022, 8
F.S.; revising the distance required for a specified 9
offender to commit a specified offense of loitering or 10
prowling; prohibiting such offender from knowingly 11
contacting, communicating with, or approaching with 12
the intent to contact or communicate with certain 13
children at certain locations; providing an exception; 14
requiring such offender to provide notice to a school 15
or child care facility under certain circumstances; 16
providing definitions; amending s. 901.15, F.S.; 17
authorizing the warrantless arrest of a person if a 18
law enforcement officer has probable cause to believe 19
that such person has committed specified offenses; 20
amending s. 943.04351, F.S.; revising requirements for 21
the search of sexual predator or sexual offender 22
registration information by a state agency or 23
governmental subdivision before appointing or 24
employing a person to work at specified locations; 25
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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
amending s. 947.1405, F.S.; revising special 26
conditions for certain sexual offenders subject to 27
conditional release supervision for offenses committed 28
on or after a specified date; amending s. 948.30, 29
F.S.; revising conditions of probation or community 30
control for certain sexual offenders for offenses 31
committed on or after a specified date; providing an 32
effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Paragraph (d) of subsection (1) of section 37
775.215, Florida Statutes, is redesignated as paragraph (e), 38
paragraph (c) of subsection (2) and paragraph (c) of subsection 39
(3) of that section are amended, a new paragraph (d) is added to 40
subsection (1), and subsection (4) is added to that section, to 41
read: 42
775.215 Residency restriction for persons convicted of 43
certain sex offenses.— 44
(1) As used in this section, the term: 45
(d) "Public swimming pool" means a structure which is 46
located either indoors or outdoors and used for recreational 47
bathing or swimming by humans. The term includes a conventional 48
pool, spa-type pool, wading pool, special purpose pool, spray 49
pool, splash pad, or other water recreation attraction, to which 50
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admission may be gained with or without payment of a fee, 51
regardless of whether entry to the swimming pool is limited by a 52
gate or other method of controlling access. The term includes 53
swimming pools operated by or serving subdivisions, apartments, 54
condominiums, mobile home parks, or townhouses, or any pool 55
operated by a governmental entity which is held open to the 56
public. The term does not include a swimming pool at a private 57
single-family residence, hotel, motel, or recreational vehicle 58
park or a swimming pool where the operator prohibits the use of 59
such pool by persons younger than 18 years of age. 60
(2) 61
(c) This subsection applies to any person convicted of a 62
violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), 63
or s. 847.0145 for offenses that occurred occur on or after 64
October 1, 2004, and before July 1, 2026, excluding persons who 65
have been removed from the requirement to register as a sexual 66
offender or sexual predator pursuant to s. 943.04354. 67
(3) 68
(c) This subsection applies to any person convicted of an 69
offense in another jurisdiction that is similar to a violation 70
of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 71
847.0145 if such offense occurred on or after May 26, 2010, and 72
before July 1, 2026, excluding persons who have been removed 73
from the requirement to register as a sexual offender or sexual 74
predator pursuant to s. 943.04354. 75
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(4)(a) A person who has been convicted of a violation of 76
s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 77
847.0145, regardless of whether adjudication has been withheld, 78
in which the victim was less than 16 years of age at the time of 79
the offense, or who has been convicted of a similar offense in 80
another jurisdiction, regardless of whether adjudication has 81
been withheld, in which the victim was less than 16 years of age 82
at the time of the offense, may not reside within 1,000 feet of 83
any school, child care facility, park, playground, or public 84
swimming pool. However, a person does not violate this 85
subsection and may not be forced to relocate if he or she is 86
living in a residence that meets the requirements of this 87
subsection and a school, child care facility, park, playground, 88
or public swimming pool is subsequently established within 1,000 89
feet of his or her residence. 90
(b) A person who violates this subsection and whose 91
conviction under s. 794.011, s. 800.04, s. 827.071, s. 92
847.0135(5), or s. 847.0145 was classified as a felony of the 93
first degree or higher or whose conviction in another 94
jurisdiction resulted in a penalty that is substantially similar 95
to a felony of the first degree or higher commits a felony of 96
the third degree, punishable as provided in s. 775.082, s. 97
775.083, or s. 775.084. A person who violates this subsection 98
and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 99
847.0135(5), or s. 847.0145 was classified as a felony of the 100
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second or third degree or whose conviction in another 101
jurisdiction was substantially similar to a felony of the second 102
or third degree commits a misdemeanor of the first degree, 103
punishable as provided in s. 775.082 or s. 775.083. 104
(c) This subsection applies to: 105
1. Any person convicted of a violation described in 106
paragraph (a) for offenses that occur on or after July 1, 2026, 107
excluding persons who have been removed from the requirement to 108
register as a sexual offender or sexual predator pursuant to s. 109
943.04354. 110
2. Any person who is subject to the residency restrictions 111
in subsection (2) or subsection (3) who changes his or her 112
permanent residence on or after July 1, 2026. For purposes of 113
this paragraph, the term "permanent residence" means a place 114
where the person abides, lodges, or resides for 3 or more 115
consecutive days that is the person's home or other place where 116
the person primarily lives. For the purpose of calculating a 117
permanent residence under this paragraph, the first day that a 118
person abides, lodges, or resides at a place is excluded and 119
each subsequent day is counted. A day includes any part of a 120
calendar day. 121
Section 2. Section 856.022, Florida Statutes, is amended 122
to read: 123
856.022 Loitering or prowling by certain offenders in 124
close proximity to children; prohibition on contact or 125
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communication with children in certain locations; penalty.— 126
(1) Except as provided in subsection (2), this section 127
applies to a person convicted of committing, or attempting, 128
soliciting, or conspiring to commit, any of the criminal 129
offenses proscribed in the following statutes in this state or 130
similar offenses in another jurisdiction against a victim who 131
was under 18 years of age at the time of the offense: s. 787.01, 132
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 133
787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05; 134
former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s. 135
827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 136
847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any 137
similar offense committed in this state which has been 138
redesignated from a former statute number to one of those listed 139
in this subsection, if the person has not received a pardon for 140
any felony or similar law of another jurisdiction necessary for 141
the operation of this subsection and a conviction of a felony or 142
similar law of another jurisdiction necessary for the operation 143
of this subsection has not been set aside in any postconviction 144
proceeding. 145
(2) This section does not apply to a person who has been 146
removed from the requirement to register as a sexual offender or 147
sexual predator pursuant to s. 943.04354. 148
(3) A person described in subsection (1) commits loitering 149
and prowling by a person convicted of a sexual offense against a 150
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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
minor if, in committing loitering and prowling, he or she was 151
within 500 300 feet of a place where children were congregating. 152
(4)(a) It is unlawful for a person described in subsection 153
(1) to knowingly approach, contact, or communicate with, or 154
approach with the intent to contact or communicate with a child 155
under 18 years of age in any public park building or on real 156
property comprising any public park, or playground, or public 157
swimming pool. This paragraph does not prohibit a person from 158
contacting, communicating with, or approaching with the intent 159
to contact or communicate with a child under 18 years of age if 160
the child is his or her family or household member as defined in 161
s. 741.28 with the intent to engage in conduct of a sexual 162
nature or to make a communication of any type with any content 163
of a sexual nature. This paragraph applies only to a person 164
described in subsection (1) whose offense was committed on or 165
after May 26, 2010. 166
(b) It is unlawful for a person described in subsection 167
(1) to knowingly be present in any child care facility or school 168
containing any students in prekindergarten through grade 12 or 169
on real property comprising any child care facility or school 170
containing any students in prekindergarten through grade 12 when 171
the child care facility or school is in operation, if such 172
person fails to: 173
1. Provide written notification of his or her intent to be 174
present to the school board, superintendent, principal, or child 175
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care facility owner that he or she has a conviction specified in 176
subsection (1) and that he or she intends to be present at the 177
school or child care facility; 178
2. Notify the child care facility owner or the school 179
principal's office when he or she arrives and departs the child 180
care facility or school; and or 181
3. Remain under direct supervision of a school official or 182
designated chaperone when present in the vicinity of children. 183
As used in this paragraph, the term "school official" means a 184
principal, a school resource officer, a teacher or any other 185
employee of the school, the superintendent of schools, a member 186
of the school board, a child care facility owner, or a child 187
care provider. 188
(c) A person is not in violation of paragraph (b) if: 189
1. The child care facility or school is a voting location 190
and the person is present for the purpose of voting during the 191
hours designated for voting; or 192
2. The person is a parent, grandparent, or legal guardian 193
who is only dropping off or picking up his or her child or 194
grandchild own children or grandchildren at the child care 195
facility or school; or 196
3. The person is attending a religious service as defined 197
in s. 775.0861(1). 198
(5) Any person who violates this section commits a 199
misdemeanor of the first degree, punishable as provided in s. 200
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775.082 or s. 775.083. 201
(6) For purposes of this section, the term: 202
(a) "Child care facility" has the same meaning as in s. 203
402.302. 204
(b) "Park," "playground," and "school" have the same 205
meanings as in s. 775.215(1). 206
(c) "Public swimming pool" means a structure which is 207
located either indoors or outdoors and used for recreational 208
bathing or swimming by humans, including the area immediately 209
surrounding the structure. The term includes a conventional 210
pool, spa-type pool, wading pool, special purpose pool, spray 211
pool, splash pad, or other water recreation attraction, to which 212
admission may be gained with or without payment of a fee, 213
regardless of whether entry to the swimming pool is limited by a 214
gate or other method of controlling access. The term also 215
includes, but is not limited to, pools operated by or serving 216
camps, churches, governmental entities, day care centers, parks, 217
schools, subdivisions, apartments, condominiums, hotels, motels, 218
mobile home parks, recreational vehicle parks, and townhouses. 219
The term does not include a swimming pool at a private single-220
family residence or a swimming pool where the operator prohibits 221
the use of such pool by persons younger than 18 years of age. 222
Section 3. Paragraphs (h) and (i) are added to subsection 223
(9) of section 901.15, Florida Statutes, to read: 224
901.15 When arrest by officer without warrant is lawful.—A 225
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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
law enforcement officer may arrest a person without a warrant 226
when: 227
(9) There is probable cause to believe that the person has 228
committed: 229
(h) A violation of s. 856.022(4)(a) by knowingly 230
contacting, communicating with, or approaching with the intent 231
to contact or communicate with a child under 18 years of age in 232
any park building or on real property comprising any park, 233
playground, or public swimming pool. 234
(i) A violation of s. 856.022(4)(b) by knowingly being 235
present in any child care facility or school containing students 236
in prekindergarten through grade 12 or on real property 237
comprising a child care facility or school containing any 238
students in prekindergarten through grade 12 when the child care 239
facility or school is in operation. 240
Section 4. Section 943.04351, Florida Statutes, is amended 241
to read: 242
943.04351 Search of registration information regarding 243
sexual predators and sexual offenders required before 244
appointment or employment.—A state agency or governmental 245
subdivision, before making any decision to appoint or employ a 246
person to work, whether for compensation or as a volunteer, at 247
any park, playground, public swimming pool, child care facility 248
day care center, or other place where children regularly 249
congregate, must conduct a search of that person's name or other 250
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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
identifying information against the registration information 251
regarding sexual predators and sexual offenders through the Dru 252
Sjodin National Sexual Offender Public Website maintained by the 253
United States Department of Justice. If for any reason that site 254
is not available, a search of the registration information 255
regarding sexual predators and sexual offenders maintained by 256
the Department of Law Enforcement under s. 943.043 shall be 257
performed. This section does not apply to those positions or 258
appointments within a state agency or governmental subdivision 259
for which a state and national criminal history background check 260
is conducted. 261
Section 5. Subsections (15) and (16) are added to section 262
947.1405, Florida Statutes, to read: 263
947.1405 Conditional release program.— 264
(15) Effective for a releasee who is convicted of a crime 265
committed on or after July 1, 2026, or who has been previously 266
convicted of a crime committed on or after July 1, 2026, in 267
violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), 268
or s. 847.0145, against a victim who was under 18 years of age 269
at the time of the offense, in addition to any other provision 270
of this section, the commission must impose the following 271
conditions: 272
(a) A prohibition on living within 1,000 feet of any 273
public swimming pool, as defined in s. 775.215(1). A releasee 274
who is subject to this paragraph may not be forced to relocate 275
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and does not violate his or her conditional release supervision 276
if he or she is living in a residence that meets the 277
requirements of this paragraph and a public swimming pool is 278
subsequently established within 1,000 feet of his or her 279
residence. 280
(b) A prohibition on working for pay or as a volunteer at 281
any public swimming pool. 282
(16) In addition to all other conditions imposed, for a 283
releasee who is subject to conditional release for a crime that 284
was committed on or after July 1, 2026, and who has been 285
convicted at any time of committing, or attempting, soliciting, 286
or conspiring to commit, any of the criminal offenses listed in 287
s. 943.0435(1)(h)1.a.(I), or a similar offense in another 288
jurisdiction against a victim who was under 18 years of age at 289
the time of the offense, if the releasee has not received a 290
pardon for any felony or similar law of another jurisdiction 291
necessary for the operation of this subsection, if a conviction 292
of a felony or similar law of another jurisdiction necessary for 293
the operation of this subsection has not been set aside in any 294
postconviction proceeding, or if the releasee has not been 295
removed from the requirement to register as a sexual offender or 296
sexual predator pursuant to s. 943.04354, the commission must 297
impose a condition prohibiting the releasee from visiting a 298
public swimming pool, as defined in s. 856.022(6), without prior 299
approval from his or her supervising officer. 300
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Section 6. Subsections (6) and (7) are added to section 301
948.30, Florida Statutes, to read: 302
948.30 Additional terms and conditions of probation or 303
community control for certain sex offenses.—Conditions imposed 304
pursuant to this section do not require oral pronouncement at 305
the time of sentencing and shall be considered standard 306
conditions of probation or community control for offenders 307
specified in this section. 308
(6) In addition to all other conditions imposed, for a 309
probationer or community controllee whose crime was committed on 310
or after July 1, 2026, and who is placed on supervision for 311
committing, or attempting, soliciting, or conspiring to commit a 312
violation of s. 787.06(3)(b), (d), (f), or (g); chapter 794; s. 313
800.04; s. 827.071; s. 847.0135(5); or s. 847.0145 against a 314
victim who was under 18 years of age at the time of the offense, 315
the court must impose the following conditions: 316
(a) A prohibition on living within 1,000 feet of any 317
public swimming pool, as defined in s. 775.215(1). A probationer 318
or community controllee who is subject to this paragraph may not 319
be forced to relocate and does not violate his or her probation 320
or community control if he or she is living in a residence that 321
meets the requirements of this paragraph and a public swimming 322
pool is subsequently established within 1,000 feet of his or her 323
residence. 324
(b) A prohibition on working for pay or as a volunteer at 325
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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
any public swimming pool. 326
(7) In addition to all other conditions imposed, for a 327
probationer or community controllee who is subject to 328
supervision for a crime that was committed on or after July 1, 329
2026, and who has been convicted at any time of committing, or 330
attempting, soliciting, or conspiring to commit, any of the 331
criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a 332
similar offense in another jurisdiction, against a victim who 333
was under the age of 18 at the time of the offense, if the 334
offender has not received a pardon for any felony or similar law 335
of another jurisdiction necessary for the operation of this 336
subsection, if a conviction of a felony or similar law of 337
another jurisdiction necessary for the operation of this 338
subsection has not been set aside in any postconviction 339
proceeding, or if the offender has not been removed from the 340
requirement to register as a sexual offender or sexual predator 341
pursuant to s. 943.04354, the court must impose a condition 342
prohibiting the probationer or community controllee from 343
visiting a public swimming pool, as defined in s. 856.022(6), 344
without prior approval from his or her supervising officer. 345
Section 7. This act shall take effect July 1, 2026. 346