HB 45 — CS/CS/HB 45: Sexual Offenders and Sexual Predators

847.0145, regardless of whether adjudication has been withheld, in which the victim was less than 16 years of age at the time of the offense, or who has been convicted of a similar offense in another jurisdiction, regardless of whether adjudication has been withheld, in which the victim was less than 16 years of age at the time of the offense, may not reside within 1,000 feet of any school, child care facility, park, playground,public orswimming pool, public swimmingbathing pool.place, or playground.

However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, playground,public orswimming pool, public swimmingbathing poolplace, or playground is subsequently established within 1,000 feet of his or her residence.

847.0145 was classified as a felony of the first degree or higher or whose conviction in another jurisdictionPage resulted3 in a penalty that is substantially similar to a felony of the9 firstCODING: degree or higher commits a felony of the third degree, punishable as provided in s.

Words stricken are deletions;

words underlined are additions.

hb45-01-c1 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 CS/HB 45 2026 jurisdiction resulted in a penalty that is substantially similar to a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s.

847.0145 was classified as a felony of the Pagesecond 4or third degree or whose conviction in another jurisdiction was substantially similar to a felony of 14the CODING:second or third degree commits a misdemeanor of the first degree, punishable as provided in s.

Words stricken are deletions;

words underlined are additions.

hb45-02-c2 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 CS/CS/HB 45 2026 second or third degree or whose conviction in another jurisdiction was substantially similar to a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s.

Any person who is subject to the residency restrictions in subsection (2) or subsection (3) who changes his or her permanentplace of residence on or after July 1, 2026.

For purposes of this paragraph, the term "permanent residence" means a place where the person abides, lodges, or resides for 3 or more consecutive days that is the person's home or other place where the person primarily lives.

For the purpose of calculating a permanent residence under this paragraph, the first day that a person abides, lodges, or resides at a place is excluded and each subsequent day is counted.

A day includes any part of a calendar day.

Section 856.022, Florida Statutes, is amended to read:

856.022 Loitering or prowling by certain offenders in close proximity to children;

prohibition on contact or Page 5 of 14 CODING:

Words stricken are deletions;

words underlined are additions.

hb45-02-c2 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 CS/CS/HB 45 2026 communication with children in certain locations;

penalty.— (1) Except as provided in subsection (2), this section applies to a person convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction against a victim who was under 18 years of age at the time of the offense:

s.

787.01, s.

787.02, or s.

787.025(2)(c), where the victim is a minor;

s.

787.06(3)(g);

s.

794.011, excluding s.

794.011(10);

s.

794.05;

former s.

796.03;

former s.

796.035;

s.

800.04;

s.

825.1025;

s.

827.071;

s.

847.0133;

s.

847.0135, excluding s.

847.0135(6);

s.

847.0137;

s.

847.0138;

s.

847.0145;

s.

985.701(1);

or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this subsection, if the person has not received a pardon for any felony or similar law of another jurisdiction necessary for the operation of this subsection and a conviction of a felony or similar law of another jurisdiction necessary for the operation of this subsection has not been set aside in any postconviction proceeding.

(2) This section does not apply to a person who has been removed from the requirement to register as a sexual offender or sexual predator pursuant to s.

943.04354.

(3) A person described in subsection (1) commits loitering and prowling by a person convicted of a sexual offense against a Page 6 of 14 CODING:

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words underlined are additions.

hb45-02-c2 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 CS/CS/HB 45 2026 minor if, in committing loitering and prowling, he or she was within 500 300 feet of a place where children were congregating.

(4)(a) It is unlawful for a person described in subsection (1) to knowingly approach, contact, or communicate with, or approach with the intent to contact or communicate with a child under 18 years of age in any public park building or on real property comprising any public park, or playground, or public swimming pool.

This paragraph does not prohibit a person from contacting, communicating with, or approaching with the intent to contact or communicate with a child under 18 years of age if the child is his or her family or household member as defined in s.

741.28 with the intent to engage in conduct of a sexual nature or to make a communication of any type with any content of a sexual nature.

This paragraph applies only to a person described in subsection (1) whose offense was committed on or after May 26, 2010.

(b) It is unlawful for a person described in subsection (1) to knowingly be present in any child care facility or school containing any students in prekindergarten through grade 12 or on real property comprising any child care facility or school containing any students in prekindergarten through grade 12 when the child care facility or school is in operation, if such person fails to:

1.

Provide written notification of his or her intent to be present to the school board, superintendent, principal, or child Page 7 of 14 CODING:

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words underlined are additions.

hb45-02-c2 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 CS/CS/HB 45 2026 care facility owner that he or she has a conviction specified in subsection (1) and that he or she intends to be present at the school or child care facility;

2.

Notify the child care facility owner or the school principal's office when he or she arrives and departs the child care facility or school;

and or 3.

Remain under direct supervision of a school official or designated chaperone when present in the vicinity of children.

As used in this paragraph, the term "school official" means a principal, a school resource officer, a teacher or any other employee of the school, the superintendent of schools, a member of the school board, a child care facility owner, or a child care provider.

(c) A person is not in violation of paragraph (b) if:

1.

The child care facility or school is a voting location and the person is present for the purpose of voting during the hours designated for voting;

or 2.

The person is a parent, grandparent, or legal guardian who is only dropping off or picking up his or her child or grandchild own children or grandchildren at the child care facility or school;

or 3.

The person is attending a religious service as defined in s.

775.0861(1).

(5) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s.

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hb45-02-c2 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 CS/CS/HB 45 2026 775.082 or s.

775.083.

(6) For purposes of this section, the term:

(a) "Child care facility" has the same meaning as in s.

402.302.

(b) "Park," "playground," and "school" have the same meanings as in s.

775.215(1).

(c) "Public swimming pool" means a structure which is located either indoors or outdoors and used for recreational bathing or swimming by humans, including the area immediately surrounding the structure.

The term includes a conventional pool, spa-type pool, wading pool, special purpose pool, spray pool, splash pad, or other water recreation attraction, to which admission may be gained with or without payment of a fee, regardless of whether entry to the swimming pool is limited by a gate or other method of controlling access.

The term also includes, but is not limited to, pools operated by or serving camps, churches, governmental entities, day care centers, parks, schools, subdivisions, apartments, condominiums, hotels, motels, mobile home parks, recreational vehicle parks, and townhouses.

The term does not include a swimming pool at a private single- family residence or a swimming pool where the operator prohibits the use of such pool by persons younger than 18 years of age.

Section 3.

Paragraphs (h) and (i) are added to subsection (9) of section 901.15, Florida Statutes, to read:

901.15 When arrest by officer without warrant is lawful.—A Page 9 of 14 CODING:

Words stricken are deletions;

words underlined are additions.

hb45-02-c2 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 CS/CS/HB 45 2026 law enforcement officer may arrest a person without a warrant when:

(9) There is probable cause to believe that the person has committed:

(h) A violation of s.

856.022(4)(a) by knowingly contacting, communicating with, or approaching with the intent to contact or communicate with a child under 18 years of age in any park building or on real property comprising any park, playground, or public swimming pool.

(i) A violation of s.

856.022(4)(b) by knowingly being present in any child care facility or school containing students in prekindergarten through grade 12 or on real property comprising a child care facility or school containing any students in prekindergarten through grade 12 when the child care facility or school is in operation.

Section 4.

943.04351 Search of registration information regarding sexual predators and sexual offenders required before appointment or employment.—A state agency or governmental subdivision, before making any decision to appoint or employ a person to work, whether for compensation or as a volunteer, at any park, playground, public swimming pool, child care facility day care center, or other place where children regularly congregate, must conduct a search of that person's name or other Page 104 of 149 CODING:

hb45-02-c2hb45-01-c1 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 CS/CS/HBCS/HB 45 2026 person to work, whether for compensation or as a volunteer, at any park, playground, public swimming pool, public bathing place, child care facility day care center, or other place where children regularly congregate, must conduct a search of that person's name or other identifying information against the registration information regarding sexual predators and sexual offenders through the Dru Sjodin National Sexual Offender Public Website maintained by the United States Department of Justice.

Section 5.3.

Subsections (10) through (15) of section 947.005, Florida Statutes, are renumbered as subsections (12) through (17), respectively, and new subsections (10) and (11) are added to that section, to read:

947.005 Definitions.—As used in this chapter, unless the context clearly indicates otherwise:

(10) "Public bathing place" has the same meaning as provided in s.

514.011(4).

(11) "Public swimming pool" has the same meaning as provided in s.

514.011(2), and also includes a public spray pool Page 5 of 9 CODING:

Words stricken are deletions;

words underlined are additions.

hb45-01-c1 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 CS/HB 45 2026 or public splash pad.

Section 4.

(a) A prohibition on living within 1,000 feet of any public swimming pool,pool asor definedpublic inbathing s.place.

775.215(1).A releasee who is subject to this paragraph may not be forced to relocate and does not violate his or her conditional release supervision if he or she is living in a residence that meets the requirements of this paragraph and a public swimming pool or public bathing place is subsequently established within 1,000 feet of his or her residence.

(b) A releaseeprohibition whoon isworking subjectfor topay thisor paragraphas maya notvolunteer beat forcedany topublic relocateswimming Pagepool 11or ofpublic 14bathing CODING:place.

(16) In addition to all other conditions imposed, for a releasee who is subject to conditional release for a crime that was committed on or after July 1, 2026, and who has been Page 6 of 9 CODING:

hb45-02-c2hb45-01-c1 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 CS/CS/HBCS/HB 45 2026 andconvicted doesat notany violatetime hisof committing, or herattempting, conditionalsoliciting, release supervision if he or sheconspiring isto livingcommit, inany aof residence that meets the requirementscriminal ofoffenses thislisted paragraphin ands. a public swimming pool is subsequently established within 1,000 feet of his or her residence.

(b) A prohibition on working for pay or as a volunteer at any public swimming pool.

(16) In addition to all other conditions imposed, for a releasee who is subject to conditional release for a crime that was committed on or after July 1, 2026, and who has been convicted at any time of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses listed in s.

943.04354, the commission must impose a condition prohibiting the releasee from visiting a public swimming pool,pool asor definedpublic inbathing s.place without prior approval from his or her supervising officer.

856.022(6),Section without5. prior approval from his or her supervising officer.

PageSubsections 12(9) through (13) of 14section CODING:948.001, Florida Statutes, are renumbered as subsections (11) through (15), respectively, and new subsections (9) and (10) are added to that section to read:

948.001 Definitions.—As used in this chapter, the term:

(9) "Public bathing place" has the same meaning as provided in s.

514.011(4).

(10) "Public swimming pool" has the same meaning as provided in s.

514.011(2), and also includes a public spray pool or public splash pad.

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hb45-02-c2hb45-01-c1 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 CS/CS/HBCS/HB 45 2026 Section 6.

(a) A prohibition on living within 1,000 feet of any public swimming pool,pool asor definedpublic inbathing s.place.

775.215(1).A probationer or community controllee who is subject to this paragraph may not be forced to relocate and does not violate his or her probation or community control if he or she is living in a residence that meets the requirements of this paragraph and a public swimming pool or public bathing place is subsequently established within 1,000 feet of his or her residence.

(b) A probationerprohibition oron communityworking controlleefor whopay is subject to this paragraph may not be forced to relocate and does not violate his or heras probation or community control if he or she is living in a residencevolunteer thatat meetsPage the8 requirements of this9 paragraphCODING: and a public swimming pool is subsequently established within 1,000 feet of his or her residence.

(b) A prohibition on working for pay or as a volunteer at Page 13 of 14 CODING:

hb45-02-c2hb45-01-c1 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 CS/CS/HBCS/HB 45 2026 any public swimming pool.pool or public bathing place.

943.04354, the court must impose a condition prohibiting the probationer or community controllee from visiting a public swimming pool,pool asor definedpublic inbathing s.place without prior approval from his or her supervising officer.

856.022(6), without prior approval from his or her supervising officer.

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