775.21 The Florida Sexual Predators Act;
legislative findings and intent. ---
(1) SHORT TITLE. Sections 775.21-775.23 may be cited as
"The Florida Sexual Predators Act."
(2) LEGISLATIVE FINDINGS. The Legislature finds that:
(a) Sex offenders are extremely likely to use physical violence and
to repeat their offenses, and most sex offenders commit many offenses, have
many more victims than are ever reported, and are prosecuted for only a
fraction of their crimes. This makes the cost of sex offender victimization to
society at large, while incalculable, clearly exorbitant.
(b) The high level of threat that a violent or repeat sex offender
presents to the public safety, and the long-term effects that sex offenses
cause victims, provide the state with sufficient justification to design and
implement innovative mechanisms as part of a strategy to achieve a significant
reduction in the commission of violent and repeat sex offenses, a strategy
that includes:
1. Maintaining adequate facilities to ensure that decisions to
release sexual predators into the community are not made on the basis of
inadequate space.
2. Providing for postincarceration supervision for the sexual
predator population, subject to specified terms and conditions established by
the Parole Commission as set forth in s. 947.1405(2), implemented at the time
of release from incarceration, with a requirement that those who are
financially able must pay all or part of the costs of supervision. When the
commission has reasonable grounds to believe that a sexual predator has
violated the terms and conditions of release, such offender shall be subject
to the provisions of s. 947.141 and shall be subject to forfeiture of
gain-time pursuant to s. 944.28(1).
3. Providing for supervision of sexual predators who are released
into the community, by an adequate number of well-trained probation officers
with low caseloads, with terms and conditions which may include electronic
monitoring and which must include the special conditions as required in s.
947.1405(7).
4. Requiring the registration of sexual predators, with a
requirement that complete and accurate information be maintained and
accessible for use by law enforcement authorities.
5. Providing for notification of the community concerning the
presence of certain sexual predators.
(c) The public is not adequately protected from violent or repeat sex
offenses.
The nature of sex offenses, the devastation to the victims, the likelihood of
violent and repeat offenses, and the costs of victimization are compelling
reasons to focus state resources on addressing the problem of sexual
predators.
(d) The state has a compelling interest in protecting the public from
serious sex offenses, and there is sufficient justification for requiring that
the public be notified of the presence of certain sexual
predators.
(3) LEGISLATIVE INTENT. It is the intent of the Legislature
to address the problem of sexual predators by providing probation officers
with low caseloads and special conditions pursuant to the conditional release
program, requiring registration and the maintenance of access by law
enforcement to locator and other registration information, and requiring the
sheriff or chief of police to notify the public if, after a hearing, the
circuit court finds that a sexual predator poses a threat to the
public.
History: s. 1, ch. 93-277; s. 1, ch. 95-264; s. 54, ch. 95-283.