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House Bill 0393

Florida House of Representatives - 1997 HB 393 By Representative Morroni 1 A bill to be entitled 2 An act relating to public notices; creating s. 3 775.212, F.S.; requiring the sheriff or chief 4 of police of the county or municipality wherein 5 an offender released from incarceration plans 6 to reside to notify the public if the offender 7 is a violent offender; specifying the 8 information to be provided to the public; 9 defining the term "violent offender" for 10 purposes of s. 775.212, F.S., to mean a person 11 who has been convicted of specified violent 12 felonies or convicted of an attempt or 13 conspiracy to commit such felonies; providing 14 an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 775.212, Florida Statutes, is 19 created to read: 20 775.212 Public notification of release of violent 21 offender.-- 22 (1) Following notification by the Department of 23 Corrections, the Control Release Authority, or the Parole 24 Commission of the pending release from incarceration of an 25 offender as required under s. 944.605, the sheriff of the 26 county in which the offender plans to reside or, if the 27 offender plans to reside within a municipality, the chief of 28 police of that municipality, shall determine whether the 29 offender is a violent offender as defined in this section. If 30 the offender is a violent offender, the sheriff or the chief 31 of police, as appropriate, shall notify the public of: 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 393 536-139-97 1 (a) The name of the violent offender; 2 (b) A description of the violent offender, including a 3 photograph; 4 (c) The violent offender's address following release 5 from incarceration, including the name of the county or 6 municipality; and 7 (d) The circumstances of the offense or offenses 8 committed by the violent offender. 9 (2) This section does not authorize the release of the 10 name of any victim of the violent offender. 11 (3) As used in this section, the term "violent 12 offender" means an offender who has been convicted of a 13 felony, or an attempt or conspiracy to commit a felony, and 14 one or more of such convictions was for: 15 (a) Arson. 16 (b) Sexual battery. 17 (c) Robbery. 18 (d) Kidnapping. 19 (e) Aggravated child abuse. 20 (f) Aggravated abuse of an elderly person or disabled 21 adult. 22 (g) Aggravated assault. 23 (h) Murder. 24 (i) Manslaughter. 25 (j) Aggravated manslaughter of an elderly person or 26 disabled adult. 27 (k) Aggravated manslaughter of a child. 28 (l) Unlawful throwing, placing, or discharging of a 29 destructive device or bomb. 30 (m) Armed burglary. 31 (n) Aggravated battery. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 393 536-139-97 1 (o) Aggravated stalking. 2 Section 2. This act shall take effect upon becoming a 3 law. 4 5 ***************************************** 6 SENATE SUMMARY 7 Requires the sheriff of the county or the chief of police of the municipality where a violent offender who is 8 released from incarceration plans to reside to notify the public of the name, address, and description of the 9 violent offender and the circumstances of the offense committed by the violent offender. Defines the term 10 "violent offender" to mean an offender who has been convicted of committing, or attempting or conspiring to 11 commit, one or more specified violent felonies. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3