Florida Qualifications for Sex Offender Risk Assessments and Treatment
64B4-7.0081 Requirements to be a Qualified Practitioner for Completing Risk Assessments and Treatment of Sexual Offenders.
(1) Licensees employed or contracted as Behavioral Specialists for the Florida Department of Corrections (DOC) and credentialed to conduct screenings and counseling for sexual offenses; or approved by the United States Probation Office to complete risk assessments and treat sexual offenders; or who were a clinical member of the Association for the Treatment of Sexual Abusers (ATSA) or the Florida Association for the Treatment of Sexual Abusers (FATSA), on or before June 30, 2010, shall be deemed to be qualified practitioners.
(2) For the purposes of this section:
(a) “DSM” means the Diagnostic and Statistical Manual of Mental Disorders.
(b) “Persons who have committed sex offenses” means persons who have been ordered or referred to a qualified practitioner by a court of competent jurisdiction for assessment or treatment due to an allegation of or a conviction for a sexually based criminal or delinquent act.
(3) In order to be a qualified practitioner for completing risk assessments and/or providing treatment for persons who have committed sex offenses, one must hold an active license as a clinical social worker, marriage and family therapist, or mental health counselor under Chapter 491, F.S.
(4) A qualified practitioner under this rule shall possess 40 hours of graduate coursework and/or post degree continuing education in all of the following core areas with a minimum of three (3) hours per area:
(a) Etiological theories of sexual deviance, criminality, and aggression;
(b) Evidence-based risk assessment instruments specifically designed for persons who have committed sex offenses, which utilize static and dynamic risk factors associated with recidivism, as well as measures of treatment progress (6 hours required);
(c) Evaluation, risk assessment, and treatment of specialized populations of persons who have sexually offended;
(d) Empirically informed psycho-physiological testing and interventions specific to persons who have sexually offended, such as plethysmograph, polygraphy, pupillometry, eye tracking, measures of sexual interest, pharmacological treatments, and/or other validated practices;
(e) DSM differential diagnoses for paraphilic disorders, personality disorders, and co-morbid disorders;
(f) Safety planning, for use of the Internet, and/or other new technologies which allow access to sexual material or simulation of sexual activities, and Family Safety planning related to contact with children;
(g) Report writing of psychosexual assessments and treatment plans, risk assessments, safety plans, treatment progress assessments, and/or other clinical documentation;
(h) Legal and ethical issues in the evaluation and treatment of persons who have sexually offended;
(i) Understanding the role of early trauma, the intergenerational cycle of abuse, other environmental, social, and neurobiological factors that contribute to the development of sexually abusive behaviors, and trauma-informed practices;
(j) Evidence-informed treatments designed for use with persons who have sexually offended; and
(k) Impact of sexually abusive behaviors on victims.
(5) Have documented 2,000 hours of post degree experience in the evaluation and treatment of persons who have committed sex offenses.
(a) The post degree experience must be obtained after Chapter 491, F.S., intern registration or licensure by working under the supervision of a qualified practitioner as defined in this rule who is also a Board qualified supervisor.
(b) The initial fifty (50) of the 2,000 supervised experience hours must be obtained with the qualified practitioner/supervisor being physically present with the supervisee during the evaluation/risk assessment or treatment.
(6) Effective April 1, 2021, a qualified practitioner under this rule must complete 20 hours of board approved continuing education each reporting period in any of the areas listed in subsection (4) above.
Rulemaking Authority 491.004(5), 947.005(10), (11), 948.001(10) FS Law Implemented 947.1405(7)(a)5., 948.001(10), (11), 948.30(1)(e) FS. History–New 4-18-12, Amended 7-19-17, 7-19-21.
64B4-7.007 Requirement to Hold Oneself Out as Qualified to Practice Juvenile Sex Offender Therapy.
Effective October 1, 2000, in order for a licensed clinical social worker, marriage and family therapist or mental health counselor to hold oneself out as one qualified to practice juvenile sex offender therapy the licensee must have:
(1) Completed education and training through course work which meets the standards for approval as set forth in Rule 64B4-6.002, F.A.C., in the following subject areas:
(a) Theories of child and adolescent development and psychopathology;
(b) Developmental sexuality, including sexual and reproductive anatomy and physiology, gender and sexual identity, and sexual diversity;
(c) Interaction between sexuality and the dynamics of interpersonal and family relationships;
(d) Sexual arousal patterns, including both typical and deviant fantasy patterns;
(e) Sexual dysfunctions, disorders, and deviancy, including sexual abuse patterns and the thinking errors that support the cycle of abuse;
(f) Victim empathy and victimology;
(g) Use and misuse of defense mechanisms;
(h) Dynamics of power and control;
(i) Compulsivity management, arousal control, anger regulation, and relapse prevention;
(j) Social resilience, competence and interpersonal effectiveness of juveniles;
(k) Group therapy and biomedical approaches in treating sexual dysfunctions, disorders and deviancy;
(l) Legal, ethical, and forensic issues in treating juvenile sex offenders.
(2) Complete 20 hours of continuing education credits each license renewal biennium in any of the above subject areas or subject areas stated in paragraph 64B4-7.004(2)(a), F.A.C.
Rulemaking Authority 491.004(5), 491.0144 FS. Law Implemented 491.0144 FS. History–New 2-9-99, Amended 4-24-00, 8-24-00, 3-27-05, 9-13-07.
64B4-6.002 Approved Courses for Continuing Education.
(1) For purposes of renewing or reactivating a license, credit is approved for the following:
(a) Completion of graduate level courses provided by an institution of higher education fully accredited by a regional accrediting body recognized by the Commission on Recognition of Postsecondary Accreditation or its successor or an institution which is publicly recognized as a member in good standing with the Association of Universities and Colleges of Canada, provided such courses are offered by a graduate program in psychology, counselor education, rehabilitation counseling, guidance or personnel counseling, marriage and family therapy, agency counseling, community mental health counseling or a school or program offering doctoral training in social work.
(b) Completion of graduate level courses in theory of human behavior and practice methods as courses in clinically-oriented services provided by programs of social work accredited by the Council on Social Work, Education Commission on Accreditation by the Canadian Association of Schools of Social Work.
(c) Completion of graduate level courses provided by marriage and family therapy training institutions accredited by the Commission on Accreditation of Marriage and Family Therapy Education (COAMFTE).
(d) Programs offered by providers approved by the Board under Rule 64B4-6.004, F.A.C.
- Credit for hypnosis training will be given only for a program that clearly advertised it met the requirements of Rule 64B4-7.002, F.A.C., and was offered by an approved provider for hypnosis training as determined by Rule 64B4-6.006, F.A.C.
- Credit for sex therapy training will be given only for a program that clearly advertised it met the requirements of Rule 64B4-7.004, F.A.C., and was offered by an approved provider for sex therapy training as determined by Rule 64B4-6.005, F.A.C.
(e) Continuing education programs offered and approved by the following entities as long as such entities impose requirements similar to or more stringent than those imposed by the Board in subparagraphs 64B4-6.004(2)(a)1.-5., F.A.C.:
- National Board of Certified Counselors (NBCC),
- American Association of Sex Educators Counselors and Therapists (AASECT),
- American Society of Clinical Hypnosis (ASCH),
- National Association of Social Work (NASW),
- American Psychological Association (APA),
- Clinical Social Work Federation (CSWF),
- Association of Social Work Boards (ASWB),
- American Board of Professional Psychology (ABPP),
- American Psychiatric Association,
- International Association of Marriage and Family Therapy Counselors (AMFC),
- American Association of State Counseling Boards (AASCB),
- American Counseling Association (ACA),
- American Mental Health Counseling Association (AMHCA),
- American Association for Marriage and Family Therapy (AAMFT); and,
- Association of Marital and Family Therapy Regulatory Boards (AMFTRB).
(2) Presenters/moderators of approved continuing education activities shall receive credit on a one-time basis for programs where they are actually in attendance for the complete program, provided they receive a certificate of attendance in compliance with this rule. A maximum of 10 hours of credit per biennium shall be received for presenting/moderating approved continuing education activities.
(3) Instructors of graduate level courses in the curricula of an institution as described in Section 491.005, F.S., shall receive continuing education credit on a one time basis at the rate of 5 hours of continuing education credit per semester hour of coursework taught.
(4) Three (3) hours of continuing education credit in risk management may be obtained once per biennium by attending one day of a Board meeting at which disciplinary hearings are conducted by the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling, in compliance with the following:
(a) The licensee must sign in with the Executive Director of the Board before the meeting day begins.
(b) The licensee must remain in continuous attendance.
(c) The licensee must sign out with the Executive Director of the Board at the end of the meeting day or at such other earlier time as affirmatively authorized by the Board. The licensee may only receive CE credit for attending the Board meeting for that purpose solely. The licensee may not receive credit for that purpose if they are required or are attending the Board meeting for any other purpose.
(5) For the purpose of this rule chapter, distance learning continuing education activities are home study, correspondence, computer interactive, tele-conferences, video cassette, and audio cassette courses. A distance learning continuing education activity offered by a provider approved under this rule chapter must meet the standards for approved courses outlined in this rule chapter and, furthermore, must include a testing mechanism on which a passing score must be attained by the licensee prior to the issuing of credit.
(6) Continuing education credit will not be received for the following:
(a) The licensee’s regular activities;
(b) Membership, office in, or participation on boards or committees, or at business meetings of professional organizations;
(c) Attendance at professional conventions or meetings, unless session meets the requirements of this rule;
(d) Independent, unstructured or self-structured learning;
(e) Personal psychotherapy or growth experience;
(f) Authorship or editing of books or articles;
(g) Obtaining supervision or consultation unless provided by a structured program meeting the requirements of this rule.
Rulemaking Authority 456.013(6), 491.004(5), 491.0085 FS. Law Implemented 456.013(6), 491.007(2), 491.0085(1) FS. History–New 4-4-89, Amended 10-16-90, 6-19-91, 9-2-91, 8-24-92, Formerly 21CC-6.002, Amended 1-9-94, Formerly 61F4-6.002, Amended 10-4-94, 12-22-94, 1-7-96, 12-29-96, Formerly 59P-6.002, Amended 12-11-97, 2-9-99, 8-9-00, 6-30-02, 7-8-03, 2-8-05, 5-14-06, 12-17-06, 8-13-08, 9-30-15.
The written report of the assessment must be given to the court;
The court may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the court that he or she has met the requirements of a qualified practitioner as defined in this section.
the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision.
943.0435 Sexual offenders required to register with the department; penalty.—
For each violation of a qualifying offense listed in this subsection, except for a violation of s. 794.011, the court shall make a written finding of the age of the victim at the time of the offense. For a violation of s. 800.04(4), the court shall also make a written finding indicating whether the offense involved sexual activity and indicating whether the offense involved force or coercion. For a violation of s. 800.04(5), the court shall also make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion.
Any change in the information required to be provided pursuant to paragraph (b), including, but not limited to, any change in the sexual offender’s permanent, temporary, or transient residence; name; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home telephone numbers and cellular telephone numbers; employment information; and any change in status at an institution of higher education after the sexual offender reports in person at the sheriff’s office must be reported in the manner provided in subsections (4), (7), and (8).
When a sexual offender reports at the sheriff’s office, the sheriff shall take a photograph, a set of fingerprints, and palm prints of the offender and forward the photographs, palm prints, and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender.
must reregister each year during the month of the sexual offender’s birthday and every third month thereafter.
775.21 The Florida Sexual Predators Act.—
(2) DEFINITIONS.—As used in this section, the term:
(m) “Social Internet communication” means any communication through a commercial social networking website as defined in s. 943.0437, or application software. The term does not include any of the following:
For purposes of this paragraph, the term “application software” means any computer program designed to run on a mobile device such as a smartphone or tablet computer, that allows users to create web pages or profiles that provide information about themselves and are available publicly or to other users, and that offers a mechanism for communication with other users through a forum, a chatroom, electronic mail, or an instant messenger.
(3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT.—
(b) The high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:
(e) It is the intent of the Legislature to address the problem of sexual predators by:
(4) SEXUAL PREDATOR CRITERIA.—
(a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a “sexual predator” under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if:
1. The felony is:
(c) If an offender has been registered as a sexual predator by the Department of Corrections, the department, or any other law enforcement agency and if:
the department shall remove that offender from the department’s list of sexual predators and, for an offender described under subparagraph 1., shall notify the state attorney who prosecuted the offense that met the criteria for administrative designation as a sexual predator, and, for an offender described under this paragraph, shall notify the state attorney of the county where the offender establishes or maintains a permanent, temporary, or transient residence. The state attorney shall bring the matter to the court’s attention in order to establish that the offender meets the criteria for designation as a sexual predator. If the court makes a written finding that the offender is a sexual predator, the offender must be designated as a sexual predator, must register or be registered as a sexual predator with the department as provided in subsection (6), and is subject to the community and public notification as provided in subsection (7). If the court does not make a written finding that the offender is a sexual predator, the offender may not be designated as a sexual predator with respect to that offense and is not required to register or be registered as a sexual predator with the department.
(5) SEXUAL PREDATOR DESIGNATION.—An offender is designated as a sexual predator as follows:
When the court makes a written finding that an offender is a sexual predator, the court shall inform the sexual predator of the registration and community and public notification requirements described in this section. Within 48 hours after the court designating an offender as a sexual predator, the clerk of the circuit court shall transmit a copy of the court’s written sexual predator finding to the department. If the offender is sentenced to a term of imprisonment or supervision, a copy of the court’s written sexual predator finding must be submitted to the Department of Corrections.
(a) A sexual predator shall register with the department through the sheriff’s office by providing the following information to the department:
1. Name; social security number; age; race; sex; date of birth; height; weight; tattoos or other identifying marks; hair and eye color; photograph; address of legal residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state; address, location or description, and dates of any current or known future temporary residence within the state or out of state; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home telephone numbers and cellular telephone numbers; employment information; the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned; date and place of each conviction; fingerprints; palm prints; and a brief description of the crime or crimes committed by the offender. A post office box may not be provided in lieu of a physical residential address. The sexual predator shall produce his or her passport, if he or she has a passport, and, if he or she is an alien, shall produce or provide information about documents establishing his or her immigration status. The sexual predator shall also provide information about any professional licenses he or she has.
(e)1. If the sexual predator is not in the custody or control of, or under the supervision of, the Department of Corrections or is not in the custody of a private correctional facility, the sexual predator shall register in person:
(f) Within 48 hours after the registration required under paragraph (a) or paragraph (e), a sexual predator who is not incarcerated and who resides in the community, including a sexual predator under the supervision of the Department of Corrections, shall register in person at a driver license office of the Department of Highway Safety and Motor Vehicles and shall present proof of registration unless a driver license or an identification card that complies with the requirements of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver license office the sexual predator shall:
(7) COMMUNITY AND PUBLIC NOTIFICATION.—
(a) Law enforcement agencies must inform members of the community and the public of a sexual predator’s presence. Upon notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator establishes or maintains a permanent or temporary residence shall notify members of the community and the public of the presence of the sexual predator in a manner deemed appropriate by the sheriff or the chief of police. Within 48 hours after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify each licensed child care facility, elementary school, middle school, and high school within a 1-mile radius of the temporary or permanent residence of the sexual predator of the presence of the sexual predator. Information provided to members of the community and the public regarding a sexual predator must include:
This paragraph does not authorize the release of the name of any victim of the sexual predator.
(8) VERIFICATION.—The department and the Department of Corrections shall implement a system for verifying the addresses of sexual predators. The system must be consistent with the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. The Department of Corrections shall verify the addresses of sexual predators who are not incarcerated but who reside in the community under the supervision of the Department of Corrections and shall report to the department any failure by a sexual predator to comply with registration requirements. County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual predators who are not under the care, custody, control, or supervision of the Department of Corrections, and may verify the addresses of sexual predators who are under the care, custody, control, or supervision of the Department of Corrections. Local law enforcement agencies shall report to the department any failure by a sexual predator to comply with registration requirements.
(a) A sexual predator shall report in person each year during the month of the sexual predator’s birthday and during every third month thereafter to the sheriff’s office in the county in which he or she resides or is otherwise located to reregister. The sheriff’s office may determine the appropriate times and days for reporting by the sexual predator, which must be consistent with the reporting requirements of this paragraph. Reregistration must include any changes to the following information:
(c) For a felony violation of this section, excluding paragraph (g), committed on or after July 1, 2018, if the court does not impose a prison sentence, the court shall impose a mandatory minimum term of community control, as defined in s. 948.001, as follows:
(g) Any person who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the requirements of this section:
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This paragraph does not apply if the sexual predator is incarcerated in or is in the custody of a state correctional facility, a private correctional facility, a local jail, or a federal correctional facility.
985.4815 Notification to Department of Law Enforcement of information on juvenile sexual offenders.—
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply if the sexual offender is incarcerated in or is in the custody of a state correctional facility, a private correctional facility, a local jail, or a federal correctional facility.
39.307 Reports of child-on-child sexual abuse.—