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The Florida Statutes

The 1995 Florida Statutes

Title XLVI
CRIMES
Chapter 775
Definitions; General Penalties; Registration Of Criminals
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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.