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ENROLLED
2026
Legislature
CS for CS for CS for SB 212, 1st Engrossed
2026212er
1
2 An act relating to sexual offenders and sexual
3 predators; amending s. 775.215, F.S.; defining the
4 term “public swimming pool”; revising residency
5 restrictions for persons convicted of certain sexual
6 offenses occurring on or after a specified date;
7 providing penalties; providing applicability; defining
8 the term “permanent residence”; amending s. 856.022,
9 F.S.; revising the prohibition of specified offenders
10 from coming within a specified distance of a place
11 where children congregate; prohibiting certain persons
12 from contacting, communicating with, or knowingly
13 approaching with the intent to contact or communicate
14 with certain persons at certain locations; providing
15 an exception; requiring a person who has been
16 convicted of specified offenses to provide notice to a
17 school or child care facility under certain
18 circumstances; defining terms; amending s. 901.15,
19 F.S.; authorizing the warrantless arrest of a person
20 if a law enforcement officer has probable cause to
21 believe the person committed specified offenses;
22 amending s. 943.04351, F.S.; revising requirements for
23 state agencies or governmental subdivisions to search
24 before appointing or employing a person to work at
25 specified locations; amending s. 947.1405, F.S.;
26 revising special conditions for certain sexual
27 offenders subject to conditional release supervision
28 for offenses committed on or after a specified date;
29 amending s. 948.30, F.S.; revising conditions of
30 probation or community control for certain sexual
31 offenders for offenses committed on or after a
32 specified date; providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Present paragraph (d) of subsection (1) of
37 section 775.215, Florida Statutes, is redesignated as paragraph
38 (e), a new paragraph (d) is added to that subsection, subsection
39 (4) is added to that section, and paragraph (c) of subsection
40 (2) and paragraph (c) of subsection (3) of that section are
41 amended, to 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
that
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
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
(4)(a)
A person who has been convicted of a violation of s.
76
794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
77
regardless of whether adjudication has been withheld, in which
78
the victim was less than 16 years of age at the time of the
79
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
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.
As used in
this
113
sub
paragraph, the term “permanent residence” means a place where
114
the person abides, lodges, or resides for 3 or more consecutive
115
days
which
is the person’s home or other place where the person
116
primarily lives. For the purpose of calculating a permanent
117
residence under this
sub
paragraph, the first day that a person
118
abides, lodges, or resides at a place is excluded and each
119
subsequent day is counted. A day includes any part of a calendar
120
day.
121 Section 2. Section 856.022, Florida Statutes, is amended to
122 read:
123 856.022 Loitering or prowling by certain offenders in close
124 proximity to children;
prohibition on contact or communication
125
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
younger than
under
18 years of age at the time of the
132 offense: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the
133 victim is a minor; s. 787.06(3)(g); s. 794.011, excluding s.
134 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
135 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
136 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
137 s. 985.701(1); or any similar offense committed in this state
138 which has been redesignated from a former statute number to one
139 of those listed in this subsection, if the person has not
140 received a pardon for any felony or similar law of another
141 jurisdiction necessary for the operation of this subsection and
142 a conviction of a felony or similar law of another jurisdiction
143 necessary for the operation of this subsection has not been set
144 aside in any postconviction 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 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
person
155
younger than
child under
18 years of age in any
public
park
156 building or on real property comprising any
public
park
,
or
157 playground
, or public swimming pool. This subsection does not
158
prohibit a person from contacting, communicating with, or
159
approaching with the intent to contact or communicate with, a
160
person younger than
18 years of age if
such person
is his or her
161
family or household member as defined in s. 741.28
with the
162
intent to engage in conduct of a sexual nature or to make a
163
communication of any type with any content of a sexual nature.
164
This paragraph applies only to a person described in subsection
165
(1) whose offense was committed on or after May 26, 2010
.
166 (b) It is unlawful for a person described in subsection (1)
167 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 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
.
198 (5)
A
Any
person who violates this section commits a
199 misdemeanor of the first degree, punishable as provided in s.
200 775.082 or s. 775.083.
201
(6)
As used in this section, the term:
202
(a)
“Child care facility” has the same meaning s. 402.302.
203
(
b
)
“Park” has the same meaning as in s. 775.215(1).
204
(
c
)
“Playground” has the same meaning as in s. 775.215(1).
205
(d)
“Public swimming pool” means a structure
that
is
206
located either indoors or outdoors and used for recreational
207
bathing or swimming by humans, including the area immediately
208
surrounding the structure. The term includes a conventional
209
pool, spa-type pool, wading pool, special purpose pool, spray
210
pool, splash pad, or other water recreation attraction, to which
211
admission may be gained with or without payment of a fee,
212
regardless of whether entry to the swimming pool is limited by a
213
gate or other method of controlling access. The term also
214
includes, but is not limited to, pools operated by or serving
215
camps, churches, governmental entities, day care centers, parks,
216
schools, subdivisions, apartments, condominiums, hotels, motels,
217
mobile home parks, recreational vehicle parks, and townhouses.
218
The term does not include a swimming pool at a private single
219
family residence or a swimming pool where the operator prohibits
220
the use of such pool by persons younger than 18 years of age.
221
(e)
“School” has the same meaning as in s. 775.215(1).
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 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
person younger than
18 years
232
of age in any park building or on real property comprising any
233
park, 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 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
must
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
younger than
18 years
269
of age at the time of the offense, in addition to any other
270
provision of this section, the commission
shall
impose the
271
following conditions:
272
(a)
A prohibition on living within 1,000 feet of any public
273
swimming pool, as defined in s. 775.215. A releasee who is
274
subject to this paragraph may not be forced to relocate and does
275
not violate his or her conditional release supervision if he or
276
she is living in a residence that meets the requirements of this
277
paragraph and a public swimming pool is subsequently established
278
within 1,000 feet of his or her residence.
279
(b)
A prohibition on working for pay or as a volunteer at
280
any public swimming pool.
281
(16)
In addition to all other conditions imposed, for a
282
releasee who is subject to conditional release for a crime that
283
was committed on or after July 1, 2026, and who has been
284
convicted at any time of committing, or attempting, soliciting,
285
or conspiring to commit, any of the criminal offenses listed in
286
s. 943.0435(1)(h)1.a.(I), or a similar offense in another
287
jurisdiction against a victim who was
younger than
18 years of
288
age at the time of the offense, if the releasee has not received
289
a pardon for any felony or similar law of another jurisdiction
290
necessary for the operation of this subsection, if a conviction
291
of a felony or similar law of another jurisdiction necessary for
292
the operation of this subsection has not been set aside in any
293
postconviction proceeding, or if the releasee has not been
294
removed from the requirement to register as a sexual offender or
295
sexual predator pursuant to s. 943.04354, the commission must
296
impose a condition prohibiting the releasee from visiting a
297
public swimming pool, as defined in s. 856.022(6), without prior
298
approval from his or her supervising officer.
299 Section 6. Subsections (6) and (7) are added to section
300 948.30, Florida Statutes, to read:
301 948.30 Additional terms and conditions of probation or
302 community control for certain sex offenses.—Conditions imposed
303 pursuant to this section do not require oral pronouncement at
304 the time of sentencing and shall be considered standard
305 conditions of probation or community control for offenders
306 specified in this section.
307
(6)
In addition to all other conditions imposed, for a
308
probationer or community controllee whose crime was committed on
309
or after July 1, 2026, and who is placed on supervision for
310
committing, or attempting, soliciting, or conspiring to commit
,
311
a violation of s. 787.06(3)(b), (d), (f), or (g); chapter 794;
312
s. 800.04; s. 827.071; s. 847.0135(5); or s. 847.0145 against a
313
victim who was
younger than
18 years of age at the time of the
314
offense, the court must impose the following conditions:
315
(a)
A prohibition on living within 1,000 feet of any public
316
swimming pool, as defined in s. 775.215. A probationer or
317
community controllee who is subject to this paragraph may not be
318
forced to relocate and does not violate his or her probation or
319
community control if he or she is living in a residence that
320
meets the requirements of this paragraph and a public swimming
321
pool is subsequently established within 1,000 feet of his or her
322
residence.
323
(b)
A prohibition on working for pay or as a volunteer at
324
any public swimming pool.
325
(7)
In addition to all other conditions imposed, for a
326
probationer or community controllee who is subject to
327
supervision for a crime that was committed on or after July 1,
328
2026, and who has been convicted at any time of committing, or
329
attempting, soliciting, or conspiring to commit, any of the
330
criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
331
similar offense in another jurisdiction, against a victim who
332
was
younger than
18
years of age
at the time of the offense, if
333
the offender has not received a pardon for any felony or similar
334
law of another jurisdiction necessary for the operation of this
335
subsection, if a conviction of a felony or similar law of
336
another jurisdiction necessary for the operation of this
337
subsection has not been set aside in any postconviction
338
proceeding, or if the offender has not been removed from the
339
requirement to register as a sexual offender or sexual predator
340
pursuant to s. 943.04354, the court must impose a condition
341
prohibiting the probationer or community controlee from visiting
342
a public swimming pool, as defined in s. 856.022(6), without
343
prior approval from his or her supervising officer.
344 Section 7. This act shall take effect July 1, 2026.