Florida § 856.022 - Loitering or prowling by certain offenders in close proximity to children; prohibition on contact or communication with children in certain locations; penalty.

§ 856.022. Loitering or prowling by certain offenders in close proximity to children; prohibition on contact or 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 younger than 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 minor if, in committing loitering and prowling, he or she was within 500 feet of a place where children were congregating. (4)(a) It is unlawful for a person described in subsection (1) to knowingly contact, communicate with, or approach with the intent to contact or communicate with a person younger than 18 years of age in any park building or on real property comprising any park, playground, or public swimming pool. This subsection does not prohibit a person from contacting, communicating with, or approaching with the intent to contact or communicate with, a person younger than 18 years of age if such person is his or her family or household member as defined in s. 741.28. (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 to the school board, superintendent, principal, or child 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 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; 2. The person is a parent, grandparent, or legal guardian who is only dropping off or picking up his or her child or grandchild at the child care facility or school; or 3. The person is attending a religious service as defined in s. 775.0861. (5) A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (6) As used in this section, the term: (a) “Child care facility” has the same meaning 1 as in s. 402.302. (b) “Park” has the same meaning as in s. 775.215(1). (c) “Playground” has the same meaning as in s. 775.215(1). (d) “Public swimming pool” means a structure that 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. (e) “School” has the same meaning as in s. 775.215(1).