Senate Bill sb0090c1
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Florida Senate - 2002 CS for SB's 90 & 554
By the Committee on Criminal Justice; and Senators Laurent and
Burt
307-1279B-02
1 A bill to be entitled
2 An act relating to career offenders; amending
3 s. 775.13, F.S.; exempting a career offender
4 from the requirement to register as a convicted
5 felon; creating s. 775.26, F.S.; providing
6 legislative findings and intent with respect to
7 the registration of career offenders and public
8 notification of the presence of career
9 offenders; creating s. 775.261, F.S.; creating
10 the Florida Career Offender Registration Act;
11 providing definitions; requiring a criminal who
12 is classified as a career offender and who is
13 released on or after a specified date to
14 register with the Department of Law
15 Enforcement; providing an exception for an
16 offender who registers as a sexual predator or
17 sexual offender; providing procedures for
18 registration; requiring that a photograph and
19 fingerprints be taken of a career offender;
20 providing procedures for notifying the
21 Department of Law Enforcement if a career
22 offender intends to establish residence in
23 another state or jurisdiction; requiring the
24 Department of Law Enforcement to provide for
25 computer access to information on career
26 offenders; providing that the registration list
27 is a public record; providing a procedure by
28 which a registered career offender may petition
29 the court to remove the requirement that he or
30 she maintain registration; authorizing law
31 enforcement agencies to notify the public of
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1 the presence of a career offender; providing
2 that specified state agencies and employees are
3 immune from liability for good-faith compliance
4 with the requirements of the act; providing
5 penalties; specifying venues for prosecuting a
6 violation of the act; creating s. 944.608,
7 F.S.; requiring a career offender who is not
8 sentenced to a term of imprisonment or who is
9 under the supervision of the Department of
10 Corrections to register with the Department of
11 Law Enforcement; providing procedures for
12 registration; providing penalties; providing
13 that specified state agencies and certain
14 employees are immune from liability for
15 good-faith compliance with the requirements of
16 the act; creating s. 944.609, F.S.; requiring
17 the Department of Corrections to provide
18 information concerning a career offender to the
19 sheriff, police chief, Department of Law
20 Enforcement, and victim, if requested, before
21 the career offender is released from
22 incarceration; authorizing the Department of
23 Corrections or any law enforcement agency to
24 notify the public of the presence of a career
25 offender; providing for immunity from liability
26 for good-faith compliance with the requirements
27 of the act; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
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1 Section 1. Subsection (5) of section 775.13, Florida
2 Statutes, is amended to read:
3 775.13 Registration of convicted felons, exemptions;
4 penalties.--
5 (5) This section does not apply to an offender:
6 (a) Who has had his or her civil rights restored;
7 (b) Who has received a full pardon for the offense for
8 which convicted;
9 (c) Who has been lawfully released from incarceration
10 or other sentence or supervision for a felony conviction for
11 more than 5 years prior to such time for registration, unless
12 the offender is a fugitive from justice on a felony charge or
13 has been convicted of any offense since release from such
14 incarceration or other sentence or supervision;
15 (d) Who is a parolee or probationer under the
16 supervision of the United States Parole Commission if the
17 commission knows of and consents to the presence of the
18 offender in Florida or is a probationer under the supervision
19 of any federal probation officer in the state or who has been
20 lawfully discharged from such parole or probation;
21 (e) Who is a sexual predator and has registered as
22 required under s. 775.21; or
23 (f) Who is a sexual offender and has registered as
24 required in s. 943.0435 or s. 944.607; or.
25 (g) Who is a career offender who has registered as
26 required in s. 775.261 or s. 944.609.
27 Section 2. Section 775.26, Florida Statutes, is
28 created to read:
29 775.26 Registration of career offenders and public
30 notification; legislative findings and intent.--The
31 Legislature finds that certain career offenders, by virtue of
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1 their histories of offenses, present a threat to the public
2 and to communities. The Legislature finds that requiring these
3 career offenders to register for the purpose of tracking these
4 career offenders and that providing for notifying the public
5 and a community of the presence of a career offender are
6 important aids to law enforcement agencies, the public, and
7 communities if a career offender engages again in criminal
8 conduct. Registration is intended to aid law enforcement
9 agencies in timely apprehending a registered career offender.
10 Registration is not a punishment, but merely a status.
11 Notification to the public and communities of the presence of
12 a career offender aids the public and communities in avoiding
13 being victimized by a registered career offender. The
14 Legislature intends to require the registration of career
15 offenders and to authorize law enforcement agencies to notify
16 the public and communities of the presence of a career
17 offender.
18 Section 3. Section 775.261, Florida Statutes, is
19 created to read:
20 775.261 The Florida Career Offender Registration Act;
21 definitions; criteria; designation; registration; community
22 notification; immunity; penalties.--
23 (1) SHORT TITLE.--This section may be cited as "The
24 Florida Career Offender Registration Act."
25 (2) DEFINITIONS.--As used in this section, the term:
26 (a) "Career offender" means any person who is
27 designated as a habitual violent felony offender, a violent
28 career criminal, or a three-time violent felony offender under
29 s. 775.084 or as a prison releasee reoffender under s.
30 775.082(9).
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1 (b) "Chief of police" means the chief law enforcement
2 officer of a municipality.
3 (c) "Community" means any county where the career
4 offender lives or otherwise establishes or maintains a
5 temporary or permanent residence.
6 (d) "Department" means the Department of Law
7 Enforcement.
8 (e) "Entering the county" includes being discharged
9 from a correctional facility, jail, or secure treatment
10 facility within the county or being under supervision within
11 the county with a career-offender designation as specified in
12 paragraph (a).
13 (f) "Permanent residence" means a place where the
14 career offender abides, lodges, or resides for 14 or more
15 consecutive days.
16 (g) "Temporary residence" means:
17 1. A place where the career offender abides, lodges,
18 or resides for a period of 14 or more days in the aggregate
19 during any calendar year and which is not the career
20 offender's permanent address;
21 2. For a career offender whose permanent residence is
22 not in this state, a place where the career offender is
23 employed, practices a vocation, or is enrolled as a student
24 for any period of time in this state; or
25 3. A place where the career offender routinely abides,
26 lodges, or resides for a period of 4 or more consecutive or
27 nonconsecutive days in any month and which is not the career
28 offender's permanent residence, including any out-of-state
29 address.
30 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
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1 (a) A career offender released on or after January 1,
2 2004, from a sanction imposed in this state for a designation
3 as a habitual violent felony offender, a violent career
4 criminal, or a three-time violent felony offender under s.
5 775.084 or as a prison releasee reoffender under s. 775.082(9)
6 must register as required under subsection (4) and is subject
7 to community and public notification as provided under
8 subsection (7). For purposes of this section, a sanction
9 imposed in this state includes, but is not limited to, a fine,
10 probation, community control, parole, conditional release,
11 control release, or incarceration in a state prison, private
12 correctional facility, or local detention facility, and:
13 1. The career offender has not received a pardon for
14 any felony or other qualified offense that is necessary for
15 the operation of this paragraph; or
16 2. A conviction of a felony or other qualified offense
17 necessary to the operation of this paragraph has not been set
18 aside in any postconviction proceeding.
19 (b) This section does not apply to any person who has
20 been designated as a sexual predator and required to register
21 under s. 775.21 or who is required to register as a sexual
22 offender under s. 943.0435 or s. 944.607. However, if a person
23 is no longer required to register as a sexual predator under
24 s. 775.21 or as a sexual offender under s. 943.0435 or s.
25 944.607, the person must register as a career offender under
26 this section if the person is otherwise designated as a career
27 offender as provided in this section.
28 (c) A person subject to registration as a career
29 offender is not subject to registration as a convicted felon
30 under s. 775.13. However, if the person is no longer required
31 to register as a career offender under this section, the
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1 person must register under s. 775.13 if required to do so
2 under that section.
3 (d) If a career offender is not sentenced to a term of
4 imprisonment, the clerk of the court shall ensure that the
5 career offender's fingerprints are taken and forwarded to the
6 department within 48 hours after the court renders its finding
7 that an offender is a career offender. The fingerprint card
8 shall be clearly marked, "Career Offender Registration Card."
9 (4) REGISTRATION.--
10 (a) A career offender must register with the
11 department by providing the following information to the
12 department, or to the sheriff's office in the county in which
13 the career offender establishes or maintains a permanent or
14 temporary residence, within 48 hours after establishing
15 permanent or temporary residence in this state or within 48
16 hours after being released from the custody, control, or
17 supervision of the Department of Corrections or from the
18 custody of a private correctional facility:
19 1. Name, social security number, age, race, gender,
20 date of birth, height, weight, hair and eye color, photograph,
21 address of legal residence and address of any current
22 temporary residence within the state or out of state,
23 including a rural route address or a post office box, date and
24 place of any employment, date and place of each conviction,
25 fingerprints, and a brief description of the crime or crimes
26 committed by the career offender. A career offender may not
27 provide a post office box in lieu of a physical residential
28 address. If the career offender's place of residence is a
29 motor vehicle, trailer, mobile home, or manufactured home, as
30 defined in chapter 320, the career offender shall also provide
31 to the department written notice of the vehicle identification
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1 number; the license tag number; the registration number; and a
2 description, including color scheme, of the motor vehicle,
3 trailer, mobile home, or manufactured home. If a career
4 offender's place of residence is a vessel, live-aboard vessel,
5 or houseboat, as defined in chapter 327, the career offender
6 shall also provide to the department written notice of the
7 hull identification number; the manufacturer's serial number;
8 the name of the vessel, live-aboard vessel, or houseboat; the
9 registration number; and a description, including color
10 scheme, of the vessel, live-aboard vessel, or houseboat.
11 2. Any other information determined necessary by the
12 department, including criminal and corrections records;
13 nonprivileged personnel and treatment records; and evidentiary
14 genetic markers when available.
15 (b) If a career offender registers with the sheriff's
16 office, the sheriff shall take a photograph and a set of
17 fingerprints of the career offender and forward the
18 photographs and fingerprints to the department, along with the
19 information that the career offender is required to provide
20 pursuant to this section.
21 (c) Within 48 hours after the registration required
22 under paragraph (a), a career offender who is not incarcerated
23 and who resides in the community, including a career offender
24 under the supervision of the Department of Corrections
25 pursuant to s. 944.608, shall register in person at a driver's
26 license office of the Department of Highway Safety and Motor
27 Vehicles and shall present proof of registration. At the
28 driver's license office, the career offender shall:
29 1. If otherwise qualified, secure a Florida driver's
30 license, renew a Florida driver's license, or secure an
31 identification card. The career offender shall identify
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1 himself or herself as a career offender who is required to
2 comply with this section, provide his or her place of
3 permanent or temporary residence, including a rural route
4 address or a post office box, and submit to the taking of a
5 photograph for use in issuing a driver's license, renewed
6 license, or identification card, and for use by the department
7 in maintaining current records of career offenders. The career
8 offender may not provide a post office box in lieu of a
9 physical residential address. If the career offender's place
10 of residence is a motor vehicle, trailer, mobile home, or
11 manufactured home, as defined in chapter 320, the career
12 offender shall also provide to the Department of Highway
13 Safety and Motor Vehicles the vehicle identification number;
14 the license tag number; the motor vehicle registration number;
15 and a description, including color scheme, of the motor
16 vehicle, trailer, mobile home, or manufactured home. If a
17 career offender's place of residence is a vessel, live-aboard
18 vessel, or houseboat, as defined in chapter 327, the career
19 offender shall also provide to the Department of Highway
20 Safety and Motor Vehicles the hull identification number; the
21 manufacturer's serial number; the name of the vessel,
22 live-aboard vessel, or houseboat; the registration number; and
23 a description, including color scheme, of the vessel,
24 live-aboard vessel, or houseboat.
25 2. Pay the costs assessed by the Department of Highway
26 Safety and Motor Vehicles for issuing or renewing a driver's
27 license or identification card as required by this section.
28 3. Provide, upon request, any additional information
29 necessary to confirm the identity of the career offender,
30 including a set of fingerprints.
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1 (d) Each time a career offender's driver's license or
2 identification card is subject to renewal, and within 48 hours
3 after any change of the career offender's residence or change
4 in the career offender's name by reason of marriage or other
5 legal process, the career offender must report in person to a
6 driver's license office, and shall be subject to the
7 requirements specified in paragraph (c). The Department of
8 Highway Safety and Motor Vehicles shall forward to the
9 department and to the Department of Corrections all
10 photographs and information provided by career offenders.
11 Notwithstanding the restrictions set forth in s. 322.142, the
12 Department of Highway Safety and Motor Vehicles may release a
13 reproduction of a color-photograph or digital-image license to
14 the department for purposes of public notification of career
15 offenders as provided in this section.
16 (e) If the career offender registers at an office of
17 the department, the department must notify the sheriff and, if
18 applicable, the police chief of the municipality, where the
19 career offender maintains a residence within 48 hours after
20 the career offender registers with the department.
21 (f) A career offender who intends to establish
22 residence in another state or jurisdiction other than the
23 state of Florida shall report in person to the sheriff of the
24 county of current residence or the department within 48 hours
25 before the date he or she intends to leave this state to
26 establish residence in another state or jurisdiction other
27 than the state of Florida. The career offender must provide to
28 the sheriff or department the address, municipality, county,
29 and state of intended residence. The sheriff shall promptly
30 provide to the department the information received from the
31 career offender. The failure of a career offender to provide
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1 his or her intended place of residence is punishable as
2 provided in subsection (9).
3 (g) A career offender who indicates his or her intent
4 to reside in a state or jurisdiction other than the state of
5 Florida and later decides to remain in this state shall,
6 within 48 hours after the date upon which the career offender
7 indicated he or she would leave this state, report in person
8 to the sheriff or the department, whichever agency is the
9 agency to which the career offender reported the intended
10 change of residence, of his or her intent to remain in this
11 state. If the sheriff is notified by the career offender that
12 he or she intends to remain in this state, the sheriff shall
13 promptly report this information to the department. A career
14 offender who reports his or her intent to reside in a state or
15 jurisdiction other than the state of Florida, but who remains
16 in this state without reporting to the sheriff or the
17 department in the manner required by this paragraph, commits a
18 felony of the second degree, punishable as provided in s.
19 775.082, s. 775.083, or s. 775.084.
20 (h)1. The department shall maintain on-line computer
21 access to the current information regarding each registered
22 career offender. The department must maintain hotline access
23 so that state, local, and federal law enforcement agencies may
24 obtain instantaneous locator file and criminal characteristics
25 information on release and registration of career offenders
26 for purposes of monitoring, tracking, and prosecution. The
27 photograph and fingerprints need not be stored in a
28 computerized format.
29 2. The department's career offender registration list,
30 containing the information described in subparagraph (a)1., is
31 a public record. The department may disseminate this public
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1 information by any means deemed appropriate, including
2 operating a toll-free telephone number for this purpose. When
3 the department provides information regarding a career
4 offender to the public, department personnel must advise the
5 person making the inquiry that positive identification of a
6 person believed to be a career offender cannot be established
7 unless a fingerprint comparison is made, and that it is
8 illegal to use public information regarding a registered
9 career offender to facilitate the commission of a crime.
10 3. The department shall adopt guidelines as necessary
11 regarding the registration of a career offender and the
12 dissemination of information regarding a career offender as
13 required by this section.
14 (i) A career offender must maintain registration with
15 the department for the duration of his or her life, unless the
16 career offender has received a full pardon or has had a
17 conviction set aside in a postconviction proceeding for any
18 offense that meets the criteria for classifying the person as
19 a career offender for purposes of registration. However, a
20 registered career offender who has been lawfully released from
21 confinement, supervision, or sanction, whichever is later, for
22 at least 20 years and has not been arrested for any felony or
23 misdemeanor offense since release may petition the criminal
24 division of the circuit court of the circuit in which the
25 registered career offender resides for the purpose of removing
26 the requirement for registration as a career offender. The
27 court may grant or deny such relief if the registered career
28 offender demonstrates to the court that he or she has not been
29 arrested for any crime since release and the court is
30 otherwise satisfied that the registered career offender is not
31 a current or potential threat to public safety. The state
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1 attorney in the circuit in which the petition is filed must be
2 given notice of the petition at least 3 weeks before the
3 hearing on the matter. The state attorney may present evidence
4 in opposition to the requested relief or may otherwise
5 demonstrate the reasons why the petition should be denied. If
6 the court denies the petition, the court may set a future date
7 at which the registered career offender may again petition the
8 court for relief, subject to the standards for relief provided
9 in this paragraph. The department shall remove a person from
10 classification as a career offender for purposes of
11 registration if the person provides to the department a
12 certified copy of the court's written findings or order that
13 indicates that the person is no longer required to comply with
14 the requirements for registration as a career offender.
15 (7) COMMUNITY AND PUBLIC NOTIFICATION.--
16 (a) Law enforcement agencies may inform the community
17 and the public of the presence of a career offender in the
18 community. Upon notification of the presence of a career
19 offender, the sheriff of the county or the chief of police of
20 the municipality where the career offender establishes or
21 maintains a permanent or temporary residence may notify the
22 community and the public of the presence of the career
23 offender in a manner deemed appropriate by the sheriff or the
24 chief of police.
25 (b) The sheriff or the police chief may coordinate the
26 community and public-notification efforts with the department.
27 Statewide notification to the public is authorized, as deemed
28 appropriate by local law enforcement personnel and the
29 department.
30 (8) IMMUNITY.--The department, the Department of
31 Highway Safety and Motor Vehicles, the Department of
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1 Corrections, any law enforcement agency in this state, and the
2 personnel of those departments; an elected or appointed
3 official, public employee, or school administrator; or an
4 employee, agency, or any individual or entity acting at the
5 request or upon the direction of any law enforcement agency is
6 immune from civil liability for damages for good-faith
7 compliance with the requirements of this section or for the
8 release of information under this section and shall be
9 presumed to have acted in good faith in compiling, recording,
10 reporting, or releasing the information. The presumption of
11 good faith is not overcome if a technical or clerical error is
12 made by the department, the Department of Highway Safety and
13 Motor Vehicles, the Department of Corrections, the personnel
14 of those departments, or any individual or entity acting at
15 the request or upon the direction of any of those departments
16 in compiling or providing information, or if information is
17 incomplete or incorrect because a career offender fails to
18 report or falsely reports his or her current place of
19 permanent or temporary residence.
20 (9) PENALTIES.--
21 (a) Except as otherwise specifically provided, a
22 career offender who fails to register; who fails, after
23 registration, to maintain, acquire, or renew a driver's
24 license or identification card; who fails to provide required
25 location information or change-of-name information; or who
26 otherwise fails, by act or omission, to comply with the
27 requirements of this section, commits a felony of the third
28 degree, punishable as provided in s. 775.082, s. 775.083, or
29 s. 775.084.
30 (b) Any person who misuses public records information
31 concerning a career offender, as defined in this section, or a
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1 career offender, as defined in s. 944.608 or s. 944.609, to
2 secure a payment from such career offender; who knowingly
3 distributes or publishes false information concerning such a
4 career offender which the person misrepresents as being public
5 records information; or who materially alters public records
6 information with the intent to misrepresent the information,
7 including documents, summaries of public records information
8 provided by law enforcement agencies, or public records
9 information displayed by law enforcement agencies on websites
10 or provided through other means of communication, commits a
11 misdemeanor of the first degree, punishable as provided in s.
12 775.082 or s. 775.083.
13 (10) PROSECUTIONS FOR ACTS OR OMISSIONS.--A career
14 offender who commits any act or omission in violation of this
15 section, s. 944.608, or s. 944.609 may be prosecuted for the
16 act or omission in the county in which the act or omission was
17 committed, the county of the last registered address of the
18 career offender, the county in which the conviction occurred
19 for the offense or offenses that meet the criteria for
20 designating a person as a career offender, or in the county in
21 which he or she was designated a career offender.
22 Section 4. Section 944.608, Florida Statutes, is
23 created to read:
24 944.608 Notification to Department of Law Enforcement
25 of information on career offenders.--
26 (1) As used in this section, the term "career
27 offender" means a person who is in the custody or control of,
28 or under the supervision of, the department or is in the
29 custody or control of, or under the supervision of, a private
30 correctional facility, and who is designated as a habitual
31 violent felony offender, a violent career criminal, or a
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1 three-time violent felony offender under s. 775.084 or as a
2 prison releasee reoffender under s. 775.082(9).
3 (2) If a career offender is not sentenced to a term of
4 imprisonment, the clerk of the court shall ensure that the
5 career offender's fingerprints are taken and forwarded to the
6 Department of Law Enforcement within 48 hours after the court
7 sentences the career offender. The fingerprint card shall be
8 clearly marked "Career Offender Registration Card."
9 (3) A career offender who is under the supervision of
10 the department but is not incarcerated must register with the
11 department and provide his or her name; date of birth; social
12 security number; race; gender; height; weight; hair and eye
13 color; tattoos or other identifying marks; and permanent or
14 legal residence and address of temporary residence within the
15 state or out of state while the career offender is under
16 supervision in this state, including any rural route address
17 or post office box. The department shall verify the address of
18 each career offender.
19 (4) In addition to notification and transmittal
20 requirements imposed by any other provision of law, the
21 department shall compile information on any career offender
22 and provide the information to the Department of Law
23 Enforcement. The information shall be made available
24 electronically to the Department of Law Enforcement as soon as
25 this information is in the department's database and must be
26 in a format that is compatible with the requirements of the
27 Florida Crime Information Center.
28 (5) The information provided to the Department of Law
29 Enforcement must include:
30 (a) The information obtained from the registered
31 career offender under subsection (3);
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1 (b) The career offender's most current address and
2 place of permanent and temporary residence within the state or
3 out of state while the career offender is under supervision in
4 this state, including the name of the county or municipality
5 in which the career offender permanently or temporarily
6 resides and, if known, the intended place of permanent or
7 temporary residence upon satisfaction of all sanctions;
8 (c) The legal status of the career offender and the
9 scheduled termination date of that legal status;
10 (d) The location of, and local telephone number for,
11 any Department of Corrections' office that is responsible for
12 supervising the career offender; and
13 (e) A digitized photograph of the career offender,
14 which must have been taken within 60 days before the career
15 offender is released from the custody of the department or a
16 private correctional facility or within 60 days after the
17 onset of the department's supervision of any career offender
18 who is on probation, community control, conditional release,
19 parole, provisional release, or control release. If the career
20 offender is in the custody or control of, or under the
21 supervision of, a private correctional facility, the facility
22 shall take a digitized photograph of the career offender
23 within the time period provided in this paragraph and shall
24 provide the photograph to the department.
25 (6)(a) The department shall notify the Department of
26 Law Enforcement if the career offender escapes, absconds, or
27 dies while in the custody or control of, or under the
28 supervision of, the department.
29 (b) If any information provided by the department
30 changes during the time the career offender is under the
31 department's custody, control, or supervision, including any
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1 change in the career offender's name by reason of marriage or
2 other legal process, the department shall, in a timely manner,
3 update the information and provide it to the Department of Law
4 Enforcement in the manner prescribed in subsection (4).
5 (7) A career offender who is under the supervision of
6 the department but who is not incarcerated shall, in addition
7 to the registration requirements provided in subsection (3),
8 register in the manner provided in s. 775.261(4)(c), unless
9 the career offender is a sexual predator, in which case he or
10 she shall register as required under s. 775.21, or is a sexual
11 offender, in which case he or she shall register as required
12 in s. 944.607. A career offender who fails to comply with the
13 requirements of s. 775.261(4) is subject to the penalties
14 provided in s. 775.261(9).
15 (8) The failure of a career offender to submit to the
16 taking of a digitized photograph, or to otherwise comply with
17 the requirements of this section, is a felony of the third
18 degree, punishable as provided in s. 775.082, s. 775.083, or
19 s. 775.084.
20 (9) The department, the Department of Highway Safety
21 and Motor Vehicles, the Department of Law Enforcement,
22 personnel of those departments, and any individual or entity
23 acting at the request or upon the direction of those
24 departments are immune from civil liability for damages for
25 good-faith compliance with this section, and shall be presumed
26 to have acted in good faith in compiling, recording,
27 reporting, or providing information. The presumption of good
28 faith is not overcome if technical or clerical errors are made
29 by the department, the Department of Highway Safety and Motor
30 Vehicles, the Department of Law Enforcement, personnel of
31 those departments, or any individual or entity acting at the
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1 request or upon the direction of those departments in
2 compiling, recording, reporting, or providing information, or,
3 if the information is incomplete or incorrect because the
4 information has not been provided by a person or agency
5 required to provide the information, or because the
6 information was not reported or was falsely reported.
7 Section 5. Section 944.609, Florida Statutes, is
8 created to read:
9 944.609 Career offenders; notification upon release.--
10 (1) As used in this section, the term "career
11 offender" means a person who is in the custody or control of,
12 or under the supervision of, the department or is in the
13 custody or control of, or under the supervision of a private
14 correctional facility, who is designated as a habitual violent
15 felony offender, a violent career criminal, or a three-time
16 violent felony offender under s. 775.084 or as a prison
17 releasee reoffender under s. 775.082(9).
18 (2) The Legislature finds that certain career
19 offenders, by virtue of their histories of offenses, present a
20 threat to the public and to communities. The Legislature finds
21 that requiring these career offenders to register for the
22 purpose of tracking the career offenders and providing for
23 notifying the public and a community of the presence of a
24 career offender are important aids to law enforcement
25 agencies, the public, and communities if the career offender
26 engages again in criminal conduct. Registration is intended to
27 aid law enforcement agencies in timely apprehending a career
28 offender. Registration is not a punishment, but merely a
29 status. Notification to the public and communities of the
30 presence of a career offender aids the public and communities
31 in avoiding being victimized by the career offender. The
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1 Legislature intends to require the registration of career
2 offenders and to authorize law enforcement agencies to notify
3 the public and communities of the presence of a career
4 offender.
5 (3)(a) The department must provide information
6 regarding any career offender who is being released after
7 serving a period of incarceration for any offense, as follows:
8 1. The department must provide the career offender's
9 name, any change in the career offender's name by reason of
10 marriage or other legal process, and any alias, if known; the
11 correctional facility from which the career offender is
12 released; the career offender's social security number, race,
13 gender, date of birth, height, weight, and hair and eye color;
14 date and county of sentence and each crime for which the
15 career offender was sentenced; a copy of the career offender's
16 fingerprints and a digitized photograph taken within 60 days
17 before release; the date of release of the career offender;
18 and the career offender's intended residence address, if
19 known. The department shall notify the Department of Law
20 Enforcement if the career offender escapes, absconds, or dies.
21 If the career offender is in the custody of a private
22 correctional facility, the facility shall take the digitized
23 photograph of the career offender within 60 days before the
24 career offender's release and provide this photograph to the
25 Department of Corrections and also place it in the career
26 offender's file. If the career offender is in the custody of a
27 local jail, the custodian of the local jail shall notify the
28 Department of Law Enforcement of the career offender's release
29 and provide to the Department of Law Enforcement the
30 information specified in this paragraph and any information
31
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1 specified in subparagraph 2. which the Department of Law
2 Enforcement requests.
3 2. The department may provide any other information
4 deemed necessary, including criminal and corrections records
5 and nonprivileged personnel and treatment records, when
6 available.
7 (b) The department must provide the information
8 described in subparagraph (a)1. to:
9 1. The sheriff of the county where the career offender
10 was sentenced;
11 2. The sheriff of the county and, if applicable, the
12 police chief of the municipality, where the career offender
13 plans to reside;
14 3. The Department of Law Enforcement;
15 4. When requested, the victim of the offense, the
16 victim's parent or legal guardian if the victim is a minor,
17 the lawful representative of the victim or of the victim's
18 parent or guardian if the victim is a minor, or the next of
19 kin if the victim is a homicide victim; and
20 5. Any person who requests such information,
21
22 within 6 months prior to the anticipated release of a career
23 offender or as soon as possible if a career offender is
24 released earlier than anticipated. All such information
25 provided to the Department of Law Enforcement must be
26 available electronically as soon as the information is in the
27 agency's database and must be in a format that is compatible
28 with the requirements of the Florida Crime Information Center.
29 (c) Upon request, the department must provide the
30 information described in subparagraph (a)2. to:
31
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1 1. The sheriff of the county where the career offender
2 was sentenced; and
3 2. The sheriff of the county and, if applicable, the
4 police chief of the municipality, where the career offender
5 plans to reside,
6
7 within 6 months prior to the anticipated release of a career
8 offender or as soon as possible if a career offender is
9 released earlier than anticipated.
10 (d) Upon receiving information regarding a career
11 offender from the department, the Department of Law
12 Enforcement, the sheriff, or the chief of police shall provide
13 the information described in subparagraph (a)1. to any
14 individual who requests such information and may release the
15 information to the public in any manner deemed appropriate,
16 unless the information is confidential or exempt from s.
17 119.07(1) and s. 24(a), Art. I of the State Constitution.
18 (4) The department or any law enforcement agency may
19 notify the community and the public of a career offender's
20 presence in the community. However, with respect to a career
21 offender who has been found to be a sexual predator under s.
22 775.21, the Department of Law Enforcement or any other law
23 enforcement agency must inform the community and the public of
24 the career offender's presence in the community, as provided
25 in s. 775.21.
26 (5) An elected or appointed official, public employee,
27 school administrator or employee, or agency, or any individual
28 or entity acting at the request or upon the direction of any
29 law enforcement agency, is immune from civil liability for
30 damages resulting from the release of information under this
31 section.
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1 Section 6. This act shall take effect October 1, 2003.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bills 90 and 554
3
4 - Provides legislative findings and intent regarding the
need for registration of career offenders and the
5 dissemination of information regarding career offenders.
6 - Defines "career offenders."
7 - Requires a career offender released on or after January
1, 2004, from a sanction imposed in this state for one
8 of the repeat offender designations statutorily
specified to register with the Florida Department of Law
9 Enforcement (FDLE) or the sheriff's office in the county
where the career offender resides.
10
- Requires a career offender who is not incarcerated and
11 who resides in the community, including a career
offender under Department of Corrections (DOC)
12 supervision, to register in person at a driver's license
office of the Department of Highway Safety and Motor
13 Vehicles.
14 - Requires a career offender who intends to establish
residence in another state or jurisdiction other than
15 this state, to report in person to the sheriff of the
county of current residence or FDLE.
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- Requires a career offender who indicates his or her
17 intent to reside in another state or jurisdiction other
than Florida and later decides to remain in this state
18 to report in person to the sheriff or FDLE.
19 - Requires FDLE to maintain on-line computer access to
current information regarding each registered career
20 offender, and to maintain hotline access for law
enforceent agencies.
21
- Provides that FDLE's career offender registration list
22 is a public record, and authorizes FDLE to disseminate
this information by any means deemed appropriate.
23
- Requires a career offender to maintain registration for
24 the duration of his or her life, except as provided.
25 - Authorizes the registered career offender to petition in
a circuit court, as specified, for removal of his or her
26 career offender designation after a specified period in
which the person is not arrested.
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- Authorizes specified agencies and law enforcement
28 agencies to inform the community and the public of the
presence of a career offender in the community.
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- Provides for criminal penalties for a career offender's
30 failure to comply with registration requirements and for
misuses of public records information.
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- Requires a non-incarcerated career offender under DOC
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1 supervision to register with DOC.
2 - Requires DOC to notify FDLE if a career offender
escapes, absconds, or dies while in its custody or
3 control, or under its supervision.
4 - Requires DOC to provide certain information regarding a
career offender who is being released after serving a
5 period of incarceration for any offense.
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