Senate Bill sb2056c1

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    Florida Senate - 2005                           CS for SB 2056

    By the Committee on Criminal Justice; and Senator Baker





    591-1960-05

  1                      A bill to be entitled

  2         An act relating to career offender and murderer

  3         registration; amending s. 775.13, F.S.;

  4         exempting a murderer who has registered under

  5         another provision of law from certain

  6         registration requirements; amending s. 775.26,

  7         F.S.; providing legislative intent relating to

  8         registration of murderers and public

  9         notification; amending s. 775.261, F.S.;

10         providing a short title; defining the terms

11         "murder" and "murderer" for purposes of the

12         registration of persons convicted of murder;

13         providing criteria for the registration of

14         persons convicted of murder; providing

15         exemptions; requiring the clerk of court to

16         secure and distribute fingerprints of a

17         convicted murderer who is not sentenced to

18         prison; requiring a person convicted of murder

19         to register with the Department of Corrections;

20         requiring the person to provide certain

21         information; requiring the sheriff to secure

22         and distribute a photo and fingerprints of a

23         registered murderer; requiring the Department

24         of Highway Safety and Motor Vehicles to forward

25         certain of the information provided by a

26         registered murderer to the Department of

27         Corrections; providing for notice, to law

28         enforcement officials, of the residence of a

29         registered murderer by the Department of

30         Corrections; providing criminal penalties for a

31         murderer who fails to provide certain

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 1         information regarding residence; providing for

 2         the Department of Corrections to adopt

 3         guidelines governing registration as a murderer

 4         and dissemination of information regarding a

 5         murderer; providing for removal of a person

 6         from classification as a murderer; authorizing

 7         a law enforcement agency to notify the

 8         community that a person convicted of murder is

 9         present in the community; requiring the

10         department to develop a system to verify the

11         address of persons convicted of murder;

12         providing that a person convicted of murder

13         commits a felony of the third degree if he or

14         she fails to register or otherwise violates the

15         act; specifying the locations in which a person

16         convicted of murder may be prosecuted for

17         violations of the act; amending s. 944.608,

18         F.S.; defining the term "murderer"; requiring

19         the clerk of court to collect, and distribute

20         to the Department of Corrections, the

21         fingerprints of a murderer who is not sentenced

22         to prison; providing for registration of a

23         murderer who is not incarcerated; requiring a

24         registered murderer to provide certain

25         information; directing the department to

26         compile information relating to registered

27         murderers; providing for distribution of

28         information compiled by the department to the

29         Department of Law Enforcement; providing that a

30         murderer who violates the section commits a

31         felony of the third degree; amending s.

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 1         944.609, F.S.; defining the term "murderer";

 2         providing legislative intent; directing the

 3         Department of Corrections to provide

 4         information regarding a murderer who is being

 5         released from incarceration to certain law

 6         enforcement officials and other persons;

 7         authorizing a law enforcement agency to notify

 8         the community that a murderer is present in the

 9         community; providing an effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Subsection (5) of section 775.13, Florida

14  Statutes, is amended to read:

15         775.13  Registration of convicted felons, exemptions;

16  penalties.--

17         (5)  This section does not apply to an offender:

18         (a)  Who has had his or her civil rights restored;

19         (b)  Who has received a full pardon for the offense for

20  which convicted;

21         (c)  Who has been lawfully released from incarceration

22  or other sentence or supervision for a felony conviction for

23  more than 5 years prior to such time for registration, unless

24  the offender is a fugitive from justice on a felony charge or

25  has been convicted of any offense since release from such

26  incarceration or other sentence or supervision;

27         (d)  Who is a parolee or probationer under the

28  supervision of the United States Parole Commission if the

29  commission knows of and consents to the presence of the

30  offender in Florida or is a probationer under the supervision

31  

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    Florida Senate - 2005                           CS for SB 2056
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 1  of any federal probation officer in the state or who has been

 2  lawfully discharged from such parole or probation;

 3         (e)  Who is a sexual predator and has registered as

 4  required under s. 775.21;

 5         (f)  Who is a sexual offender and has registered as

 6  required in s. 943.0435 or s. 944.607; or

 7         (g)  Who is a career offender who has registered as

 8  required in s. 775.261 or s. 944.609; or.

 9         (h)  Who is a murderer who has registered as required

10  under s. 775.261.

11         Section 2.  Section 775.26, Florida Statutes, is

12  amended to read:

13         775.26  Registration of career offenders and murderers;

14  and public notification; legislative findings and intent.--The

15  Legislature finds that certain career offenders and murderers,

16  by virtue of their histories of offenses, present a threat to

17  the public and to communities. The Legislature finds that

18  requiring these career offenders and murderers to register for

19  the purpose of tracking them these career offenders and that

20  providing for notification of notifying the public and a

21  community of the presence of a career offender or murderer are

22  important aids to law enforcement agencies, the public, and

23  communities if a career offender or murderer engages again in

24  criminal conduct. Registration is intended to aid law

25  enforcement agencies in timely apprehending a career offender

26  or murderer. Registration is not a punishment, but merely a

27  status. Notification to the public and communities of the

28  presence of a career offender or murderer aids the public and

29  communities in avoiding victimization being victimized by a

30  career offender or murderer. The Legislature intends to

31  require the registration of career offenders and murderers and

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 1  to authorize law enforcement agencies to notify the public and

 2  communities of the presence of a career offender or murderer.

 3         Section 3.  Section 775.261, Florida Statutes, is

 4  amended to read:

 5         775.261  The Florida Career Offender and Murderer

 6  Registration Act.--

 7         (1)  SHORT TITLE.--This section may be cited as "The

 8  Florida Career Offender and Murderer Registration Act."

 9         (2)  DEFINITIONS.--As used in this section, the term:

10         (a)  "Career offender" means any person who is

11  designated as a habitual violent felony offender, a violent

12  career criminal, or a three-time violent felony offender under

13  s. 775.084 or as a prison releasee reoffender under s.

14  775.082(9).

15         (b)  "Chief of police" means the chief law enforcement

16  officer of a municipality.

17         (c)  "Community" means any county where the career

18  offender or murderer lives or otherwise establishes or

19  maintains a temporary or permanent residence.

20         (d)  "Conviction" or "convicted" means a determination

21  of guilt which is the result of a trial or the entry of a plea

22  of guilty or nolo contendere, regardless of whether

23  adjudication is withheld. A conviction for a similar offense

24  includes, but is not limited to, a conviction by a federal or

25  military tribunal, including a court-martial conducted by the

26  Armed Forces of the United States, and includes a conviction

27  or entry of a plea of guilty or nolo contendere resulting in a

28  sanction in any state of the United States or other

29  jurisdiction.

30         (e)(d)  "Department" means the Department of Law

31  Enforcement.

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 1         (f)(e)  "Entering the county" includes being discharged

 2  from a correctional facility, jail, or secure treatment

 3  facility within the county or being under supervision within

 4  the county with a career-offender designation as specified in

 5  paragraph (a).

 6         (g)  "Murder" means the unlawful killing of a human

 7  being as described in s. 782.04 or in any comparable law of

 8  any other jurisdiction.

 9         (h)  "Murderer" means any person who has been convicted

10  of murder as described in s. 782.04 or in any comparable law

11  of any other jurisdiction.

12         (i)(f)  "Permanent residence" means a place where the

13  career offender or murderer abides, lodges, or resides for 14

14  or more consecutive days.

15         (j)(g)  "Temporary residence" means:

16         1.  A place where the career offender or murderer

17  abides, lodges, or resides for a period of 14 or more days in

18  the aggregate during any calendar year and which is not his or

19  her the career offender's permanent address;

20         2.  For a career offender or murderer whose permanent

21  residence is not in this state, a place where he or she the

22  career offender is employed, practices a vocation, or is

23  enrolled as a student for any period of time in this state; or

24         3.  A place where the career offender or murderer

25  routinely abides, lodges, or resides for a period of 4 or more

26  consecutive or nonconsecutive days in any month and which is

27  not his or her the career offender's permanent residence,

28  including any out-of-state address.

29         (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--

30         (a)  A career offender released on or after January 1,

31  2003, from a sanction imposed in this state for a designation

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 1  as a habitual violent felony offender, a violent career

 2  criminal, or a three-time violent felony offender under s.

 3  775.084 or as a prison releasee reoffender under s. 775.082(9)

 4  must register as required under subsection (5) (4) and is

 5  subject to community and public notification as provided under

 6  subsection (6) (5). For purposes of this section, a sanction

 7  imposed in this state includes, but is not limited to, a fine,

 8  probation, community control, parole, conditional release,

 9  control release, or incarceration in a state prison, private

10  correctional facility, or local detention facility, and:

11         1.  The career offender has not received a pardon for

12  any felony or other qualified offense that is necessary for

13  the operation of this paragraph; or

14         2.  A conviction of a felony or other qualified offense

15  necessary to the operation of this paragraph has not been set

16  aside in any postconviction proceeding.

17         (b)  This subsection section does not apply to any

18  person who has been designated as a sexual predator and

19  required to register under s. 775.21 or who is required to

20  register as a sexual offender under s. 943.0435 or s. 944.607.

21  However, if a person is no longer required to register as a

22  sexual predator under s. 775.21 or as a sexual offender under

23  s. 943.0435 or s. 944.607, the person must register as a

24  career offender under this subsection section if the person is

25  otherwise designated as a career offender as provided in this

26  section.

27         (c)  A person subject to registration as a career

28  offender is not subject to registration as a convicted felon

29  under s. 775.13. However, if the person is no longer required

30  to register as a career offender under subsection (5) this

31  

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 1  section, the person must register under s. 775.13 if required

 2  to do so 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)  CRITERIA FOR REGISTRATION AS A CONVICTED

10  MURDERER.--

11         (a)  A convicted murderer released on or after January

12  1, 2006, from a sanction imposed in this state for a violation

13  under s. 782.04 or a comparable law in this state or any other

14  jurisdiction, must register as required under subsection (5)

15  and is subject to community and public notification as

16  provided under subsection (6). For purposes of this section, a

17  sanction imposed in this state includes, but is not limited

18  to, a fine, probation, community control, parole, conditional

19  release, control release, or incarceration in a state prison,

20  private correctional facility, or local detention facility,

21  and:

22         1.  The murderer has not been granted a pardon for the

23  murder which is the precondition for the application of this

24  paragraph; or

25         2.  A conviction of the murder that is the precondition

26  for the application of this paragraph has not been set aside

27  in any postconviction proceeding.

28         (b)  This subsection does not apply to a person who has

29  been designated as sexual predator and is required to register

30  under s. 775.21 or who is required to register as a sexual

31  offender under s. 943.0435 or s. 944.607.  However, if a

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 1  person is no longer required to register as a sexual predator

 2  under s. 775.21 or as a sexual offender under s. 943.0435 or

 3  s. 944.607, the person must register as a murderer under this

 4  subsection if the person is otherwise designated as a murderer

 5  as provided in this section.

 6         (c)  A person subject to registration as a murderer is

 7  not subject to registration as a career offender under

 8  subsection (3).  However, if the person is no longer required

 9  to register as a murderer under subsection (5) and meets the

10  criteria for registration as a career offender the person must

11  register as a career offender.

12         (d)  A person subject to registration as a murderer is

13  not subject to registration as a convicted felon under s.

14  775.13.  However, if the person is no longer required to

15  register as a murderer under subsection (5), the person must

16  register under s. 775.13 if required to do so under that

17  section.

18         (e)  If a murderer is not sentenced to a term of

19  imprisonment, the clerk of court shall ensure that the

20  murderer's fingerprints are taken and forwarded to the

21  department within 48 hours after the court renders its finding

22  that an offender is a murderer.  The fingerprint card shall be

23  clearly marked "Murderer Registration Card."

24         (5)(4)  REGISTRATION.--

25         (a)  A career offender or murderer must register with

26  the department by providing the following information to the

27  department, or to the sheriff's office in the county in which

28  the career offender or murderer establishes or maintains a

29  permanent or temporary residence, within 2 working days after

30  establishing permanent or temporary residence in this state or

31  within 2 working days after being released from the custody,

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 1  control, or supervision of the Department of Corrections, or

 2  from the custody of a private correctional facility, or from

 3  the custody of any other jurisdiction:

 4         1.  Name, social security number, age, race, gender,

 5  date of birth, height, weight, hair and eye color, photograph,

 6  address of legal residence and address of any current

 7  temporary residence within the state or out of state,

 8  including a rural route address or a post office box, date and

 9  place of any employment, date and place of each conviction,

10  fingerprints, and a brief description of the crime or crimes

11  committed by the career offender or murderer. A career

12  offender or murderer may not provide a post office box in lieu

13  of a physical residential address. If the career offender's or

14  murderer's place of residence is a motor vehicle, trailer,

15  mobile home, or manufactured home, as defined in chapter 320,

16  the career offender or murderer shall also provide to the

17  department written notice of the vehicle identification

18  number; the license tag number; the registration number; and a

19  description, including color scheme, of the motor vehicle,

20  trailer, mobile home, or manufactured home. If a career

21  offender's or murderer's place of residence is a vessel,

22  live-aboard vessel, or houseboat, as defined in chapter 327,

23  the career offender or murderer shall also provide to the

24  department written notice of the hull identification number;

25  the manufacturer's serial number; the name of the vessel,

26  live-aboard vessel, or houseboat; the registration number; and

27  a description, including color scheme, of the vessel,

28  live-aboard vessel, or houseboat.

29         2.  Any other information determined necessary by the

30  department, including criminal and corrections records;

31  

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 1  nonprivileged personnel and treatment records; and evidentiary

 2  genetic markers when available.

 3         (b)  If a career offender or murderer registers with

 4  the sheriff's office, the sheriff shall take a photograph and

 5  a set of fingerprints of the career offender or murderer and

 6  forward the photographs and fingerprints to the department,

 7  along with the information that the career offender or

 8  murderer is required to provide under pursuant to this

 9  section.

10         (c)  Within 2 working days after the registration

11  required under paragraph (a), a career offender or murderer

12  who is not incarcerated and who resides in the community,

13  including a career offender or murderer under the supervision

14  of the Department of Corrections under pursuant to s. 944.608,

15  shall register in person at a driver's license office of the

16  Department of Highway Safety and Motor Vehicles and shall

17  present proof of registration. At the driver's license office,

18  the career offender or murderer shall:

19         1.  If otherwise qualified, secure a Florida driver's

20  license, renew a Florida driver's license, or secure an

21  identification card. The career offender or murderer shall

22  identify himself or herself as a career offender or murderer

23  who is required to comply with this section, provide his or

24  her place of permanent or temporary residence, including a

25  rural route address or a post office box, and submit to the

26  taking of a photograph for use in issuing a driver's license,

27  renewed license, or identification card, and for use by the

28  department in maintaining current records of career offenders.

29  The career offender or murderer may not provide a post office

30  box in lieu of a physical residential address. If the career

31  offender's or murderer's place of residence is a motor

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 1  vehicle, trailer, mobile home, or manufactured home, as

 2  defined in chapter 320, the career offender or murderer shall

 3  also provide to the Department of Highway Safety and Motor

 4  Vehicles the vehicle identification number; the license tag

 5  number; the motor vehicle registration number; and a

 6  description, including color scheme, of the motor vehicle,

 7  trailer, mobile home, or manufactured home. If a career

 8  offender's or murderer's place of residence is a vessel,

 9  live-aboard vessel, or houseboat, as defined in chapter 327,

10  the career offender or murderer shall also provide to the

11  Department of Highway Safety and Motor Vehicles the hull

12  identification number; the manufacturer's serial number; the

13  name of the vessel, live-aboard vessel, or houseboat; the

14  registration number; and a description, including color

15  scheme, of the vessel, live-aboard vessel, or houseboat.

16         2.  Pay the costs assessed by the Department of Highway

17  Safety and Motor Vehicles for issuing or renewing a driver's

18  license or identification card as required by this section.

19         3.  Provide, upon request, any additional information

20  necessary to confirm the identity of the career offender or

21  murderer, including a set of fingerprints.

22         (d)  Each time a career offender's or murderer's

23  driver's license or identification card is subject to renewal,

24  and within 2 working days after any change of the career

25  offender's or murderer's residence or change in the career

26  offender's or murderer's name by reason of marriage or other

27  legal process, the career offender or murderer must report in

28  person to a driver's license office, and shall be subject to

29  the requirements specified in paragraph (c). The Department of

30  Highway Safety and Motor Vehicles shall forward to the

31  department and to the Department of Corrections all

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 1  photographs and information provided by career offenders or

 2  murderers. Notwithstanding the restrictions set forth in s.

 3  322.142, the Department of Highway Safety and Motor Vehicles

 4  may release a reproduction of a color-photograph or

 5  digital-image license to the department for purposes of public

 6  notification of career offenders or murderers as provided in

 7  this section.

 8         (e)  If the career offender or murderer registers at an

 9  office of the department, the department must notify the

10  sheriff and, if applicable, the police chief of the

11  municipality, where the career offender or murderer maintains

12  a residence within 48 hours after he or she the career

13  offender registers with the department.

14         (f)  A career offender or murderer who intends to

15  establish residence in another state or jurisdiction other

16  than the State of Florida shall report in person to the

17  sheriff of the county of current residence or the department

18  within 2 working days before the date he or she intends to

19  leave this state to establish residence in another state or

20  jurisdiction other than the State of Florida. If the career

21  offender or murderer is under the supervision of the

22  Department of Corrections, the career offender or murderer

23  shall notify the supervising probation officer of his or her

24  intent to transfer supervision, satisfy all transfer

25  requirements under pursuant to the Interstate Compact for

26  Supervision of Adult Offenders, as provided in s. 949.07, and

27  abide by the decision of the receiving jurisdiction to accept

28  or deny transfer. The career offender or murderer must provide

29  to the sheriff or department the address, municipality,

30  county, and state of intended residence. The sheriff shall

31  promptly provide to the department the information received

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 1  from the career offender or murderer. The failure of a career

 2  offender or murderer to provide his or her intended place of

 3  residence is punishable as provided in subsection (9) (8).

 4         (g)  A career offender or murderer who indicates his or

 5  her intent to reside in a state or jurisdiction other than the

 6  State of Florida and later decides to remain in this state

 7  shall, within 2 working days after the date upon which the

 8  career offender or murderer indicated he or she would leave

 9  this state, report in person to the sheriff or the department,

10  whichever agency is the agency to which the career offender or

11  murderer reported the intended change of residence, of his or

12  her intent to remain in this state. If the sheriff is notified

13  by the career offender or murderer that he or she intends to

14  remain in this state, the sheriff shall promptly report this

15  information to the department. A career offender or murderer

16  who reports his or her intent to reside in a state or

17  jurisdiction other than the State of Florida, but who remains

18  in this state without reporting to the sheriff or the

19  department in the manner required by this paragraph, commits a

20  felony of the second degree, punishable as provided in s.

21  775.082, s. 775.083, or s. 775.084.

22         (h)1.  The department shall maintain on-line computer

23  access to the current information regarding each registered

24  career offender and murderer. The department must maintain

25  hotline access so that state, local, and federal law

26  enforcement agencies may obtain instantaneous locator file and

27  criminal characteristics information on release and

28  registration of career offenders and murderers for purposes of

29  monitoring, tracking, and prosecution. The photograph and

30  fingerprints need not be stored in a computerized format.

31  

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 1         2.  The department's career offender and murderer

 2  registration lists list, containing the information described

 3  in subparagraph (a)1., are subject to chapter 119 is a public

 4  record. The department may disseminate this public information

 5  by any means deemed appropriate, including operating a

 6  toll-free telephone number for this purpose. When the

 7  department provides information regarding a career offender or

 8  murderer to the public, department personnel must advise the

 9  person making the inquiry that positive identification of a

10  person believed to be a career offender or murderer cannot be

11  established unless a fingerprint comparison is made, and that

12  it is illegal to use public information regarding a career

13  offender or murderer to facilitate the commission of a crime.

14         3.  The department shall adopt guidelines as necessary

15  regarding the registration of a career offender or murderer

16  and the dissemination of information regarding a career

17  offender or murderer as required by this section.

18         (i)  A career offender or murderer must maintain

19  registration with the department for the duration of his or

20  her life, unless the career offender or murderer has received

21  a full pardon or has had a conviction set aside in a

22  postconviction proceeding for any offense that meets the

23  criteria for classifying the person as a career offender or

24  murderer for purposes of registration. However, a registered

25  career offender who has been lawfully released from

26  confinement, supervision, or sanction, whichever is later, for

27  at least 20 years and has not been arrested for any felony or

28  misdemeanor offense since release may petition the criminal

29  division of the circuit court of the circuit in which the

30  registered career offender resides for the purpose of removing

31  the requirement for registration as a career offender. The

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 1  court may grant or deny such relief if the registered career

 2  offender demonstrates to the court that he or she has not been

 3  arrested for any crime since release and the court is

 4  otherwise satisfied that the registered career offender is not

 5  a current or potential threat to public safety. The state

 6  attorney in the circuit in which the petition is filed must be

 7  given notice of the petition at least 3 weeks before the

 8  hearing on the matter. The state attorney may present evidence

 9  in opposition to the requested relief or may otherwise

10  demonstrate the reasons why the petition should be denied. If

11  the court denies the petition, the court may set a future date

12  at which the registered career offender may again petition the

13  court for relief, subject to the standards for relief provided

14  in this paragraph. The department shall remove a person from

15  classification as a career offender or murderer for purposes

16  of registration if the person provides to the department a

17  certified copy of the court's written findings or order that

18  indicates that the person is no longer required to comply with

19  the requirements for registration as a career offender or

20  murderer.

21         (6)(5)  COMMUNITY AND PUBLIC NOTIFICATION.--

22         (a)  Law enforcement agencies may inform the community

23  and the public of the presence of a career offender or

24  murderer in the community. Upon notification of the presence

25  of a career offender or murderer, the sheriff of the county or

26  the chief of police of the municipality where the career

27  offender or murderer establishes or maintains a permanent or

28  temporary residence may notify the community and the public of

29  the presence of the career offender or murderer in a manner

30  deemed appropriate by the sheriff or the chief of police.

31  

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 1         (b)  The sheriff or the police chief may coordinate the

 2  community and public notification efforts with the department.

 3  Statewide notification to the public is authorized, as deemed

 4  appropriate by local law enforcement personnel and the

 5  department.

 6         (7)(6)  VERIFICATION.--The department and the

 7  Department of Corrections shall implement a system for

 8  verifying the addresses of career offenders and murderers. The

 9  sheriff of each county shall annually verify the addresses of

10  career offenders and murderers who are not under the care,

11  custody, control, or supervision of the Department of

12  Corrections. The sheriff shall promptly provide the address

13  verification information to the department in an electronic

14  format. The address verification information must include the

15  verifying person's name, agency, and phone number, the date of

16  verification, and the method of verification, and must specify

17  whether the address information was verified as correct,

18  incorrect, or unconfirmed.

19         (8)(7)  IMMUNITY.--The department, the Department of

20  Highway Safety and Motor Vehicles, the Department of

21  Corrections, any law enforcement agency in this state, and the

22  personnel of those departments; an elected or appointed

23  official, public employee, or school administrator; or an

24  employee, agency, or any individual or entity acting at the

25  request or upon the direction of any law enforcement agency is

26  immune from civil liability for damages for good faith

27  compliance with the requirements of this section or for the

28  release of information under this section and shall be

29  presumed to have acted in good faith in compiling, recording,

30  reporting, or releasing the information. The presumption of

31  good faith is not overcome if a technical or clerical error is

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 1  made by the department, the Department of Highway Safety and

 2  Motor Vehicles, the Department of Corrections, the personnel

 3  of those departments, or any individual or entity acting at

 4  the request or upon the direction of any of those departments

 5  in compiling or providing information, or if information is

 6  incomplete or incorrect because a career offender or murderer

 7  fails to report or falsely reports his or her current place of

 8  permanent or temporary residence.

 9         (9)(8)  PENALTIES.--

10         (a)  Except as otherwise specifically provided, a

11  career offender or murderer who fails to register; who fails,

12  after registration, to maintain, acquire, or renew a driver's

13  license or identification card; who fails to provide required

14  location information or change-of-name information; or who

15  otherwise fails, by act or omission, to comply with the

16  requirements of this section, commits a felony of the third

17  degree, punishable as provided in s. 775.082, s. 775.083, or

18  s. 775.084.

19         (b)  Any person who misuses public records information

20  concerning a career offender or murderer, as defined in this

21  section, or a career offender or murderer, as defined in s.

22  944.608 or s. 944.609, to secure a payment from a such career

23  offender or murderer; who knowingly distributes or publishes

24  false information concerning such a career offender or

25  murderer which the person misrepresents as being public

26  records information; or who materially alters public records

27  information with the intent to misrepresent the information,

28  including documents, summaries of public records information

29  provided by law enforcement agencies, or public records

30  information displayed by law enforcement agencies on websites

31  or provided through other means of communication, commits a

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 1  misdemeanor of the first degree, punishable as provided in s.

 2  775.082 or s. 775.083.

 3         (10)(9)  PROSECUTIONS FOR ACTS OR OMISSIONS.--A career

 4  offender or murderer who commits any act or omission in

 5  violation of this section, s. 944.608, or s. 944.609 may be

 6  prosecuted for the act or omission in the county in which the

 7  act or omission was committed, the county of the last

 8  registered address of the career offender, the county in which

 9  the conviction occurred for the offense or offenses that meet

10  the criteria for designating a person as a career offender or

11  murderer, or in the county in which he or she was designated a

12  career offender or murderer.

13         Section 4.  Section 944.608, Florida Statutes, is

14  amended to read:

15         944.608  Notification to Department of Law Enforcement

16  of information on career offenders and murderers.--

17         (1)  As used in this section, the term:

18         (a)  "Career offender" means a person who is in the

19  custody or control of, or under the supervision of, the

20  department or is in the custody or control of, or under the

21  supervision of, a private correctional facility, and who is

22  designated as a habitual violent felony offender, a violent

23  career criminal, or a three-time violent felony offender under

24  s. 775.084 or as a prison releasee reoffender under s.

25  775.082(9).

26         (b)  "Murderer" means any person who has been convicted

27  of murder as described in s. 782.04 or in any comparable law

28  of any other jurisdiction.

29         (2)  If a career offender or murderer is not sentenced

30  to a term of imprisonment, the clerk of the court shall ensure

31  that the career offender's fingerprints of the career offender

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 1  or murderer are taken and forwarded to the Department of Law

 2  Enforcement within 48 hours after the court sentences the

 3  career offender or murderer. The fingerprint card shall be

 4  clearly marked "Career Offender Registration Card" or

 5  "Murderer Registration Card."

 6         (3)  A career offender or murderer who is under the

 7  supervision of the department but is not incarcerated must

 8  register with the department and provide his or her name; date

 9  of birth; social security number; race; gender; height;

10  weight; hair and eye color; tattoos or other identifying

11  marks; and permanent or legal residence and address of

12  temporary residence within the state or out of state while the

13  career offender or murderer is under supervision in this

14  state, including any rural route address or post office box.

15  The department shall verify the address of each career

16  offender or murderer.

17         (4)  In addition to notification and transmittal

18  requirements imposed by any other provision of law, the

19  department shall compile information on any career offender or

20  murderer and provide the information to the Department of Law

21  Enforcement. The information shall be made available

22  electronically to the Department of Law Enforcement as soon as

23  this information is in the department's database and must be

24  in a format that is compatible with the requirements of the

25  Florida Crime Information Center.

26         (5)  The information provided to the Department of Law

27  Enforcement must include:

28         (a)  The information obtained from the career offender

29  or murderer under subsection (3);

30         (b)  The career offender's or murderer's most current

31  address and place of permanent and temporary residence within

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 1  the state or out of state while the career offender or

 2  murderer is under supervision in this state, including the

 3  name of the county or municipality in which the career

 4  offender or murderer permanently or temporarily resides and,

 5  if known, the intended place of permanent or temporary

 6  residence upon satisfaction of all sanctions;

 7         (c)  The legal status of the career offender or

 8  murderer and the scheduled termination date of that legal

 9  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 or murderer; and

13         (e)  A digitized photograph of the career offender or

14  murderer, which must have been taken within 60 days before the

15  career offender or murderer is released from the custody of

16  the department or a private correctional facility or within 60

17  days after the onset of the department's supervision of any

18  career offender or murderer who is on probation, community

19  control, conditional release, parole, provisional release, or

20  control release. If the career offender or murderer is in the

21  custody or control of, or under the supervision of, a private

22  correctional facility, the facility shall take a digitized

23  photograph of the career offender or murderer within the time

24  period provided in this paragraph and shall provide the

25  photograph to the department.

26         (6)(a)  The department shall notify the Department of

27  Law Enforcement if the career offender or murderer escapes,

28  absconds, or dies while in the custody or control of, or under

29  the supervision of, the department.

30         (b)  If any information provided by the department

31  changes during the time the career offender or murderer is

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 1  under the department's custody, control, or supervision,

 2  including any change in the career offender's or murderer's

 3  name by reason of marriage or other legal process, the

 4  department shall, in a timely manner, update the information

 5  and provide it to the Department of Law Enforcement in the

 6  manner prescribed in subsection (4).

 7         (7)  A career offender or murderer who is under the

 8  supervision of the department but who is not incarcerated

 9  shall, in addition to the registration requirements provided

10  in subsection (3), register in the manner provided in s.

11  775.261(5)(c) s. 775.261(4)(c), unless the career offender or

12  murderer is a sexual predator, in which case he or she shall

13  register as required under s. 775.21, or is a sexual offender,

14  in which case he or she shall register as required in s.

15  944.607, or is a murderer, in which case he or she shall

16  register as required in s. 775.261. A career offender or

17  murderer who fails to comply with the requirements of s.

18  775.261 s. 775.261(4) is subject to the penalties provided in

19  s. 775.261 s. 775.261(8).

20         (8)  The failure of a career offender or murderer to

21  submit to the taking of a digitized photograph, or to

22  otherwise comply with the requirements of this section, is a

23  felony of the third degree, punishable as provided in s.

24  775.082, s. 775.083, or s. 775.084.

25         (9)  The department, the Department of Highway Safety

26  and Motor Vehicles, the Department of Law Enforcement,

27  personnel of those departments, and any individual or entity

28  acting at the request or upon the direction of those

29  departments are immune from civil liability for damages for

30  good faith compliance with this section, and shall be presumed

31  to have acted in good faith in compiling, recording,

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 1  reporting, or providing information. The presumption of good

 2  faith is not overcome if technical or clerical errors are made

 3  by the department, the Department of Highway Safety and Motor

 4  Vehicles, the Department of Law Enforcement, personnel of

 5  those departments, or any individual or entity acting at the

 6  request or upon the direction of those departments in

 7  compiling, recording, reporting, or providing information, or,

 8  if the information is incomplete or incorrect because the

 9  information has not been provided by a person or agency

10  required to provide the information, or because the

11  information was not reported or was falsely reported.

12         Section 5.  Section 944.609, Florida Statutes, is

13  amended to read:

14         944.609  Career offenders and murderers; notification

15  upon release.--

16         (1)  As used in this section, the term:

17         (a)  "Career offender" means a person who is in the

18  custody or control of, or under the supervision of, the

19  department or is in the custody or control of, or under the

20  supervision of a private correctional facility, who is

21  designated as a habitual violent felony offender, a violent

22  career criminal, or a three-time violent felony offender under

23  s. 775.084 or as a prison releasee reoffender under s.

24  775.082(9).

25         (b)  "Murderer" means any person who has been convicted

26  of murder as described in s. 782.04 or any comparable law of

27  any other jurisdiction.

28         (2)  The Legislature finds that certain career

29  offenders and murderers, by virtue of their histories of

30  offenses, present a threat to the public and to communities.

31  The Legislature finds that requiring these career offenders

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 1  and murderers to register for the purpose of tracking the

 2  career offenders and murderers and providing for notifying the

 3  public and a community of the presence of a career offender or

 4  murderer are important aids to law enforcement agencies, the

 5  public, and communities if the career offender or murderer

 6  engages again in criminal conduct. Registration is intended to

 7  aid law enforcement agencies in timely apprehending a career

 8  offender or murderer. Registration is not a punishment, but

 9  merely a status. Notification to the public and communities of

10  the presence of a career offender or murderer aids the public

11  and communities in avoiding being victimized by the career

12  offender or murderer. The Legislature intends to require the

13  registration of career offenders and murderers and to

14  authorize law enforcement agencies to notify the public and

15  communities of the presence of a career offender or murderer.

16         (3)(a)  The department must provide information

17  regarding any career offender or murderer who is being

18  released after serving a period of incarceration for any

19  offense, as follows:

20         1.  The department must provide the career offender's

21  or murderer's name, any change in the career offender's or

22  murderer's name by reason of marriage or other legal process,

23  and any alias, if known; the correctional facility from which

24  the career offender or murderer is released; the career

25  offender's or murderer's social security number, race, gender,

26  date of birth, height, weight, and hair and eye color; date

27  and county of sentence and each crime for which the career

28  offender or murderer was sentenced; a copy of the career

29  offender's or murderer's fingerprints and a digitized

30  photograph taken within 60 days before release; the date of

31  release of the career offender or murderer; and the career

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 1  offender's or murderer's intended residence address, if known.

 2  The department shall notify the Department of Law Enforcement

 3  if the career offender or murderer escapes, absconds, or dies.

 4  If the career offender or murderer is in the custody of a

 5  private correctional facility, the facility shall take the

 6  digitized photograph of the career offender or murderer within

 7  60 days before the career offender's or murderer's release and

 8  provide this photograph to the Department of Corrections and

 9  also place it in the career offender's or murderer's file. If

10  the career offender or murderer is in the custody of a local

11  jail, the custodian of the local jail shall notify the

12  Department of Law Enforcement of the career offender's or

13  murderer's release and provide to the Department of Law

14  Enforcement the information specified in this paragraph and

15  any information specified in subparagraph 2. which the

16  Department of Law Enforcement requests.

17         2.  The department may provide any other information

18  deemed necessary, including criminal and corrections records

19  and nonprivileged personnel and treatment records, when

20  available.

21         (b)  The department must provide the information

22  described in subparagraph (a)1. to:

23         1.  The sheriff of the county where the career offender

24  or murderer was sentenced;

25         2.  The sheriff of the county and, if applicable, the

26  police chief of the municipality, where the career offender or

27  murderer plans to reside;

28         3.  The Department of Law Enforcement;

29         4.  When requested, the victim of the offense, the

30  victim's parent or legal guardian if the victim is a minor,

31  the lawful representative of the victim or of the victim's

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 1  parent or guardian if the victim is a minor, or the next of

 2  kin if the victim is a homicide victim; and

 3         5.  Any person who requests such information,

 4  

 5  within 6 months prior to the anticipated release of a career

 6  offender or murderer or as soon as possible if a career

 7  offender or murderer is released earlier than anticipated. All

 8  such information provided to the Department of Law Enforcement

 9  must be available electronically as soon as the information is

10  in the agency's database and must be in a format that is

11  compatible with the requirements of the Florida Crime

12  Information Center.

13         (c)  Upon request, the department must provide the

14  information described in subparagraph (a)2. to:

15         1.  The sheriff of the county where the career offender

16  or murderer was sentenced; and

17         2.  The sheriff of the county and, if applicable, the

18  police chief of the municipality, where the career offender or

19  murderer plans to reside,

20  

21  within 6 months prior to the anticipated release of a career

22  offender or murderer or as soon as possible if a career

23  offender or murderer is released earlier than anticipated.

24         (d)  Upon receiving information regarding a career

25  offender or murderer from the department, the Department of

26  Law Enforcement, the sheriff, or the chief of police shall

27  provide the information described in subparagraph (a)1. to any

28  individual who requests such information and may release the

29  information to the public in any manner deemed appropriate,

30  unless the information is confidential or exempt from s.

31  119.07(1) and s. 24(a), Art. I of the State Constitution.

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 1         (4)  The department or any law enforcement agency may

 2  notify the community and the public of the a career offender's

 3  presence of a career offender or murderer in the community.

 4  However, with respect to a career offender or murderer who has

 5  been found to be a sexual predator under s. 775.21, the

 6  Department of Law Enforcement or any other law enforcement

 7  agency must inform the community and the public of the career

 8  offender's or murderer's presence in the community, as

 9  provided in s. 775.21.

10         (5)  An elected or appointed official, public employee,

11  school administrator or employee, or agency, or any individual

12  or entity acting at the request or upon the direction of any

13  law enforcement agency, is immune from civil liability for

14  damages resulting from the good faith compliance with the

15  requirements of this section or the release of information

16  under this section.

17         Section 6.  This act shall take effect July 1, 2005.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2056

 3                                 

 4  -    Section 775.13, F.S., pertaining to the registration of
         convicted felons, is added to the committee substitute
 5       and amended to provide that a murderer who registers
         under the Career Offender statute, s. 775.261, F.S., is
 6       exempt from registering under s. 775.13, F.S.

 7  -    Section 775.26, F.S., pertaining to the registration of
         career offenders, is also added to the committee
 8       substitute and murderers are required to register as
         career offenders.
 9  
    -    Language is added to s. 775.261(4), F.S., to track the
10       language for career offenders earlier in that section. It
         establishes that a person who is required to register as
11       a sexual predator or a sexual offender does not need to
         register as a murderer unless otherwise required to do
12       so. However, if a person is no longer required to
         register as a murderer he or she might still be required
13       to register as a career offender or convicted felon under
         special circumstances.
14  
    -    Larger portions of s. 944.608, F.S., which address the
15       responsibilities of career offenders to notify FDLE, are
         included in the bill and amended to define and include
16       murderers in those reporting provisions.

17  -    Section 944.609, F.S., is added to the committee
         substitute to provide that the public has a right to know
18       when murderers, like career offenders, are present in
         their communities. The section requires the Department of
19       Corrections to notify and provide information to FDLE,
         sheriffs, and police chiefs, when appropriate, and other
20       interested people, when the murderer intends to reside in
         that community.
21  

22  

23  

24  

25  

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27  

28  

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30  

31  

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