S 212

ENROLLED
2026 Legislature      CS for CS for CS for SB 212, 1st Engrossed
  2026212er
1
2An act relating to sexual offenders and sexual
3predators; amending s. 775.215, F.S.; defining the
4term “public swimming pool”; revising residency
5restrictions for persons convicted of certain sexual
6offenses occurring on or after a specified date;
7providing penalties; providing applicability; defining
8the term “permanent residence”; amending s. 856.022,
9F.S.; revising the prohibition of specified offenders
10from coming within a specified distance of a place
11where children congregate; prohibiting certain persons
12from contacting, communicating with, or knowingly
13approaching with the intent to contact or communicate
14with certain persons at certain locations; providing
15an exception; requiring a person who has been
16convicted of specified offenses to provide notice to a
17school or child care facility under certain
18circumstances; defining terms; amending s. 901.15,
19F.S.; authorizing the warrantless arrest of a person
20if a law enforcement officer has probable cause to
21believe the person committed specified offenses;
22amending s. 943.04351, F.S.; revising requirements for
23state agencies or governmental subdivisions to search
24before appointing or employing a person to work at
25specified locations; amending s. 947.1405, F.S.;
26revising special conditions for certain sexual
27offenders subject to conditional release supervision
28for offenses committed on or after a specified date;
29amending s. 948.30, F.S.; revising conditions of
30probation or community control for certain sexual
31offenders for offenses committed on or after a
32specified date; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36Section 1. Present paragraph (d) of subsection (1) of
37section 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
41amended, to read:
42775.215 Residency restriction for persons convicted of
43certain sex offenses.—
44(1) As used in this section, the term:
45(d) “Public swimming pool” means a structure that is
46located either indoors or outdoors and used for recreational
47bathing or swimming by humans. The term includes a conventional
48pool, spa-type pool, wading pool, special purpose pool, spray
49pool, splash pad, or other water recreation attraction, to which
50admission may be gained with or without payment of a fee,
51regardless of whether entry to the swimming pool is limited by a
52gate or other method of controlling access. The term includes
53swimming pools operated by or serving subdivisions, apartments,
54condominiums, mobile home parks, or townhouses, or any pool
55operated by a governmental entity which is held open to the
56public. The term does not include a swimming pool at a private
57single-family residence, hotel, motel, or recreational vehicle
58park, or a swimming pool where the operator prohibits the use of
59such pool by persons younger than 18 years of age.
60(2)
61(c) This subsection applies to any person convicted of a
62violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),
63or s. 847.0145 for offenses that occurred occur on or after
64October 1, 2004, and before July 1, 2026, excluding persons who
65have been removed from the requirement to register as a sexual
66offender or sexual predator pursuant to s. 943.04354.
67(3)
68(c) This subsection applies to any person convicted of an
69offense in another jurisdiction that is similar to a violation
70of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
71847.0145 if such offense occurred on or after May 26, 2010, and
72before July 1, 2026, excluding persons who have been removed
73from the requirement to register as a sexual offender or sexual
74predator pursuant to s. 943.04354.
75(4)(a) A person who has been convicted of a violation of s.
76794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
77regardless of whether adjudication has been withheld, in which
78the victim was less than 16 years of age at the time of the
79offense, or who has been convicted of a similar offense in
80another jurisdiction, regardless of whether adjudication has
81been withheld, in which the victim was less than 16 years of age
82at the time of the offense, may not reside within 1,000 feet of
83any school, child care facility, park, playground, or public
84swimming pool. However, a person does not violate this
85subsection and may not be forced to relocate if he or she is
86living in a residence that meets the requirements of this
87subsection and a school, child care facility, park, playground,
88or public swimming pool is subsequently established within 1,000
89feet of his or her residence.
90(b) A person who violates this subsection and whose
91conviction under s. 794.011, s. 800.04, s. 827.071, s.
92847.0135(5), or s. 847.0145 was classified as a felony of the
93first degree or higher or whose conviction in another
94jurisdiction resulted in a penalty that is substantially similar
95to a felony of the first degree or higher commits a felony of
96the third degree, punishable as provided in s. 775.082, s.
97775.083, or s. 775.084. A person who violates this subsection
98and whose conviction under s. 794.011, s. 800.04, s. 827.071, s.
99847.0135(5), or s. 847.0145 was classified as a felony of the
100second or third degree or whose conviction in another
101jurisdiction was substantially similar to a felony of the second
102or third degree commits a misdemeanor of the first degree,
103punishable as provided in s. 775.082 or s. 775.083.
104(c) This subsection applies to:
1051. Any person convicted of a violation described in
106paragraph (a) for offenses that occur on or after July 1, 2026,
107excluding persons who have been removed from the requirement to
108register as a sexual offender or sexual predator pursuant to s.
109943.04354.
1102. Any person who is subject to the residency restrictions
111in subsection (2) or subsection (3) who changes his or her
112permanent residence on or after July 1, 2026. As used in this
113subparagraph, the term “permanent residence” means a place where
114the person abides, lodges, or resides for 3 or more consecutive
115days which is the person’s home or other place where the person
116primarily lives. For the purpose of calculating a permanent
117residence under this subparagraph, the first day that a person
118abides, lodges, or resides at a place is excluded and each
119subsequent day is counted. A day includes any part of a calendar
120day.
121Section 2. Section 856.022, Florida Statutes, is amended to
122read:
123856.022 Loitering or prowling by certain offenders in close
124proximity to children; prohibition on contact or communication
125with children in certain locations; penalty.—
126(1) Except as provided in subsection (2), this section
127applies to a person convicted of committing, or attempting,
128soliciting, or conspiring to commit, any of the criminal
129offenses proscribed in the following statutes in this state or
130similar offenses in another jurisdiction against a victim who
131was younger than under 18 years of age at the time of the
132offense: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the
133victim is a minor; s. 787.06(3)(g); s. 794.011, excluding s.
134794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
135800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
136excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
137s. 985.701(1); or any similar offense committed in this state
138which has been redesignated from a former statute number to one
139of those listed in this subsection, if the person has not
140received a pardon for any felony or similar law of another
141jurisdiction necessary for the operation of this subsection and
142a conviction of a felony or similar law of another jurisdiction
143necessary for the operation of this subsection has not been set
144aside in any postconviction proceeding.
145(2) This section does not apply to a person who has been
146removed from the requirement to register as a sexual offender or
147sexual predator pursuant to s. 943.04354.
148(3) A person described in subsection (1) commits loitering
149and prowling by a person convicted of a sexual offense against a
150minor if, in committing loitering and prowling, he or she was
151within 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
154approach with the intent to contact or communicate with a person
155younger than child under 18 years of age in any public park
156building or on real property comprising any public park, or
157playground, or public swimming pool. This subsection does not
158prohibit a person from contacting, communicating with, or
159approaching with the intent to contact or communicate with, a
160person younger than 18 years of age if such person is his or her
161family or household member as defined in s. 741.28 with the
162intent to engage in conduct of a sexual nature or to make a
163communication of any type with any content of a sexual nature.
164This 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)
167to knowingly be present in any child care facility or school
168containing any students in prekindergarten through grade 12 or
169on real property comprising any child care facility or school
170containing any students in prekindergarten through grade 12 when
171the child care facility or school is in operation, if such
172person fails to:
1731. Provide written notification of his or her intent to be
174present to the school board, superintendent, principal, or child
175care facility owner that he or she has a conviction specified in
176subsection (1) and that he or she intends to be present at the
177school or child care facility;
1782. Notify the child care facility owner or the school
179principal’s office when he or she arrives and departs the child
180care facility or school; and or
1813. Remain under direct supervision of a school official or
182designated chaperone when present in the vicinity of children.
183As used in this paragraph, the term “school official” means a
184principal, a school resource officer, a teacher or any other
185employee of the school, the superintendent of schools, a member
186of the school board, a child care facility owner, or a child
187care provider.
188(c) A person is not in violation of paragraph (b) if:
1891. The child care facility or school is a voting location
190and the person is present for the purpose of voting during the
191hours designated for voting; or
1922. The person is a parent, grandparent, or legal guardian
193who is only dropping off or picking up his or her child or
194grandchild own children or grandchildren at the child care
195facility or school; or
1963. The person is attending a religious service as defined
197in s. 775.0861.
198(5) A Any person who violates this section commits a
199misdemeanor of the first degree, punishable as provided in s.
200775.082 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
206located either indoors or outdoors and used for recreational
207bathing or swimming by humans, including the area immediately
208surrounding the structure. The term includes a conventional
209pool, spa-type pool, wading pool, special purpose pool, spray
210pool, splash pad, or other water recreation attraction, to which
211admission may be gained with or without payment of a fee,
212regardless of whether entry to the swimming pool is limited by a
213gate or other method of controlling access. The term also
214includes, but is not limited to, pools operated by or serving
215camps, churches, governmental entities, day care centers, parks,
216schools, subdivisions, apartments, condominiums, hotels, motels,
217mobile home parks, recreational vehicle parks, and townhouses.
218The term does not include a swimming pool at a private single
219family residence or a swimming pool where the operator prohibits
220the 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).
222Section 3. Paragraphs (h) and (i) are added to subsection
223(9) of section 901.15, Florida Statutes, to read:
224901.15 When arrest by officer without warrant is lawful.—A
225law enforcement officer may arrest a person without a warrant
226when:
227(9) There is probable cause to believe that the person has
228committed:
229(h) A violation of s. 856.022(4)(a) by knowingly
230contacting, communicating with, or approaching with the intent
231to contact or communicate with, a person younger than 18 years
232of age in any park building or on real property comprising any
233park, playground, or public swimming pool.
234(i) A violation of s. 856.022(4)(b) by knowingly being
235present in any child care facility or school containing students
236in prekindergarten through grade 12 or on real property
237comprising a child care facility or school containing any
238students in prekindergarten through grade 12 when the child care
239facility or school is in operation.
240Section 4. Section 943.04351, Florida Statutes, is amended
241to read:
242943.04351 Search of registration information regarding
243sexual predators and sexual offenders required before
244appointment or employment.—A state agency or governmental
245subdivision, before making any decision to appoint or employ a
246person to work, whether for compensation or as a volunteer, at
247any park, playground, public swimming pool, child care facility
248day care center, or other place where children regularly
249congregate, must conduct a search of that person’s name or other
250identifying information against the registration information
251regarding sexual predators and sexual offenders through the Dru
252Sjodin National Sexual Offender Public Website maintained by the
253United States Department of Justice. If for any reason that site
254is not available, a search of the registration information
255regarding sexual predators and sexual offenders maintained by
256the Department of Law Enforcement under s. 943.043 must shall be
257performed. This section does not apply to those positions or
258appointments within a state agency or governmental subdivision
259for which a state and national criminal history background check
260is conducted.
261Section 5. Subsections (15) and (16) are added to section
262947.1405, Florida Statutes, to read:
263947.1405 Conditional release program.—
264(15) Effective for a releasee who is convicted of a crime
265committed on or after July 1, 2026, or who has been previously
266convicted of a crime committed on or after July 1, 2026, in
267violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
268or s. 847.0145, against a victim who was younger than 18 years
269of age at the time of the offense, in addition to any other
270provision of this section, the commission shall impose the
271following conditions:
272(a) A prohibition on living within 1,000 feet of any public
273swimming pool, as defined in s. 775.215. A releasee who is
274subject to this paragraph may not be forced to relocate and does
275not violate his or her conditional release supervision if he or
276she is living in a residence that meets the requirements of this
277paragraph and a public swimming pool is subsequently established
278within 1,000 feet of his or her residence.
279(b) A prohibition on working for pay or as a volunteer at
280any public swimming pool.
281(16) In addition to all other conditions imposed, for a
282releasee who is subject to conditional release for a crime that
283was committed on or after July 1, 2026, and who has been
284convicted at any time of committing, or attempting, soliciting,
285or conspiring to commit, any of the criminal offenses listed in
286s. 943.0435(1)(h)1.a.(I), or a similar offense in another
287jurisdiction against a victim who was younger than 18 years of
288age at the time of the offense, if the releasee has not received
289a pardon for any felony or similar law of another jurisdiction
290necessary for the operation of this subsection, if a conviction
291of a felony or similar law of another jurisdiction necessary for
292the operation of this subsection has not been set aside in any
293postconviction proceeding, or if the releasee has not been
294removed from the requirement to register as a sexual offender or
295sexual predator pursuant to s. 943.04354, the commission must
296impose a condition prohibiting the releasee from visiting a
297public swimming pool, as defined in s. 856.022(6), without prior
298approval from his or her supervising officer.
299Section 6. Subsections (6) and (7) are added to section
300948.30, Florida Statutes, to read:
301948.30 Additional terms and conditions of probation or
302community control for certain sex offenses.—Conditions imposed
303pursuant to this section do not require oral pronouncement at
304the time of sentencing and shall be considered standard
305conditions of probation or community control for offenders
306specified in this section.
307(6) In addition to all other conditions imposed, for a
308probationer or community controllee whose crime was committed on
309or after July 1, 2026, and who is placed on supervision for
310committing, or attempting, soliciting, or conspiring to commit,
311a violation of s. 787.06(3)(b), (d), (f), or (g); chapter 794;
312s. 800.04; s. 827.071; s. 847.0135(5); or s. 847.0145 against a
313victim who was younger than 18 years of age at the time of the
314offense, the court must impose the following conditions:
315(a) A prohibition on living within 1,000 feet of any public
316swimming pool, as defined in s. 775.215. A probationer or
317community controllee who is subject to this paragraph may not be
318forced to relocate and does not violate his or her probation or
319community control if he or she is living in a residence that
320meets the requirements of this paragraph and a public swimming
321pool is subsequently established within 1,000 feet of his or her
322residence.
323(b) A prohibition on working for pay or as a volunteer at
324any public swimming pool.
325(7) In addition to all other conditions imposed, for a
326probationer or community controllee who is subject to
327supervision for a crime that was committed on or after July 1,
3282026, and who has been convicted at any time of committing, or
329attempting, soliciting, or conspiring to commit, any of the
330criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
331similar offense in another jurisdiction, against a victim who
332was younger than 18 years of age at the time of the offense, if
333the offender has not received a pardon for any felony or similar
334law of another jurisdiction necessary for the operation of this
335subsection, if a conviction of a felony or similar law of
336another jurisdiction necessary for the operation of this
337subsection has not been set aside in any postconviction
338proceeding, or if the offender has not been removed from the
339requirement to register as a sexual offender or sexual predator
340pursuant to s. 943.04354, the court must impose a condition
341prohibiting the probationer or community controlee from visiting
342a public swimming pool, as defined in s. 856.022(6), without
343prior approval from his or her supervising officer.
344Section 7. This act shall take effect July 1, 2026.