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House Bill 0393c1

Florida House of Representatives - 1997 CS/HB 393 By the Committee on Crime & Punishment and Representatives Morroni, Crist, Feeney, Argenziano, Lynn, Fasano, Culp and Chestnut 1 A bill to be entitled 2 An act relating to the release of public 3 records information regarding criminal 4 offenders; creating the "Public Safety 5 Information Act"; amending s. 775.21, F.S.; 6 revising registration requirements for sexual 7 predators; requiring a sexual predator to 8 register at a driver's license office of the 9 Department of Highway Safety and Motor Vehicles 10 following a change in permanent or temporary 11 residence and obtain a driver's license or 12 identification card; requiring that a sexual 13 predator renew such license or identification 14 card; providing a penalty; creating s. 943.046, 15 F.S.; authorizing a state or local law 16 enforcement agency to release to the public 17 criminal offender information that is not 18 exempt from public disclosure under the public 19 records law; providing immunity from civil 20 liability for a law enforcement agency and its 21 personnel in releasing such information; 22 creating s. 943.043, F.S.; requiring the 23 Department of Law Enforcement to provide a 24 toll-free telephone number for public access to 25 information regarding sex offenders; requiring 26 that the department provide to the public upon 27 request a copy of the photograph of a sex 28 offender or sexual predator and a summary of 29 information that is publicly available; 30 providing immunity from civil liability for the 31 department and its personnel in reporting 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 information; providing that the department and 2 its personnel are presumed to have acted in 3 good faith; creating s. 943.0435, F.S.; 4 providing definitions; requiring sex offenders 5 to report their current place of permanent or 6 temporary residence to the Department of Law 7 Enforcement and the Department of Highway 8 Safety and Motor Vehicles within a specified 9 time and upon moving to a new place of 10 residence; providing procedures for reporting; 11 providing a penalty for failing to report as 12 required; providing immunity from civil 13 liability for the Department of Law 14 Enforcement, the Department of Highway Safety 15 and Motor Vehicles, the Department of 16 Corrections, and the personnel of those 17 departments in compiling, recording, and 18 reporting information regarding sex offenders; 19 providing that those departments and the 20 personnel of those departments are presumed to 21 have acted in good faith; creating s. 944.607, 22 F.S.; requiring that the Department of 23 Corrections provide information to the 24 Department of Law Enforcement on sex offenders 25 who are in the custody or control of, or under 26 the supervision of, the Department of 27 Corrections on or after a specified date; 28 providing immunity from civil liability for the 29 Department of Corrections and its personnel in 30 compiling, recording, and reporting information 31 regarding sex offenders; providing that the 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 department and its personnel are presumed to 2 have acted in good faith; amending ss. 944.605 3 and 947.177, F.S.; revising requirements for 4 the Department of Corrections, the Control 5 Release Authority, and the Parole Commission 6 with respect to notifying judges and law 7 enforcement agencies of the anticipated release 8 of an inmate; requiring that a digitized 9 photograph be made of the inmate; requiring 10 that this information be provided to the 11 Department of Law Enforcement; amending s. 12 944.606, F.S., relating to the release of 13 information regarding certain sex offenders by 14 the Department of Corrections; requiring that 15 this information be provided to the Department 16 of Law Enforcement; providing that the release 17 of such information does not constitute 18 unauthorized public disclosure under the 19 Florida Sexual Predators Act; amending s. 20 948.06, F.S.; requiring state and local law 21 enforcement agencies to verify if a person 22 under investigation or under arrest for certain 23 sexual offenses is on probation, community 24 control, parole, conditional release, or 25 control release; requiring the law enforcement 26 agency to notify the person's probation officer 27 or release supervisor of the investigation or 28 the arrest; amending s. 921.0012, F.S.; ranking 29 under the sentencing guidelines the offenses of 30 failure to register, including failure to renew 31 a driver's license or identification card, and 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 failure of sex offenders to comply with 2 reporting requirements; amending s. 921.0017, 3 F.S., relating to credit upon recommitment of 4 an offender serving a split sentence; 5 conforming a cross reference to changes made by 6 the act; requiring the court, at the time of 7 sentencing, to note on the judgment if the 8 victim is a minor and provide such information 9 to the Department of Law Enforcement; providing 10 an effective date. 11 12 WHEREAS, the Legislature and law enforcement agencies 13 recognize that the release of criminal history information or 14 other information regarding criminal offenders is essential to 15 the public's safety and welfare, and 16 WHEREAS, the Legislature intends to provide specific 17 statutory direction whereby a law enforcement agency, of its 18 own volition or in response to a request for a public record, 19 may release to the public criminal history information and 20 other information regarding criminal offenders, including 21 public notification of this information, and 22 WHEREAS, the Legislature intends that criminal history 23 information and other information regarding criminal offenders 24 which is subject to release to the public shall consist only 25 of information that is subject to public disclosure under 26 section 119.07(1), Florida Statutes, the state public records 27 law, and under Section 24(a), Article I of the State 28 Constitution, and 29 WHEREAS, the Legislature intends that the order of 30 priority, the methods of dissemination of criminal history 31 information compiled from intrastate sources by the Department 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 of Law Enforcement, and the assessment of costs for the 2 production of this information, as provided in section 3 943.053, Florida Statutes, shall be maintained, and 4 WHEREAS, the Legislature finds that the public is 5 especially concerned about certain sex offenders, and 6 WHEREAS, the Legislature intends to enhance public 7 access to information regarding certain sex offenders by 8 creating a public-access telephone number for releasing this 9 information, and 10 WHEREAS, the Legislature intends that information 11 released through the public-access telephone number shall 12 consist only of information that is subject to public 13 disclosure under section 119.07(1), Florida Statutes, the 14 state public records law, and under Section 24(a), Article I 15 of the State Constitution, and 16 WHEREAS, the Legislature finds that current law 17 authorizes law enforcement agencies to release to the public 18 criminal information on certain sex offenders which is 19 provided to these agencies by the Department of Corrections, 20 but prohibits these agencies from providing public or 21 community notification of this information, and 22 WHEREAS, the Legislature further finds that this 23 information is subject to public disclosure under section 24 119.07(1), Florida Statutes, the state public records law, and 25 under Section 24(a), Article I of the State Constitution, and 26 WHEREAS, the Legislature intends to authorize public or 27 community notification of this information, and 28 WHEREAS, the Legislature intends that a state or local 29 law enforcement agency that investigates or arrests a person 30 for certain sexual offenses shall verify whether the person is 31 on probation or some form of release supervision, and, if so 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 verified, shall inform the person's probation officer that the 2 person is under investigation or arrest for a sexual offense, 3 NOW, THEREFORE, 4 5 Be It Enacted by the Legislature of the State of Florida: 6 7 Section 1. This act may be cited as the "Public Safety 8 Information Act." 9 Section 2. Subsection (6) and paragraph (a) of 10 subsection (9) of section 775.21, Florida Statutes, 1996 11 Supplement, are amended to read: 12 775.21 The Florida Sexual Predators Act; definitions; 13 legislative findings, purpose, and intent; criteria; 14 designation; registration; community and public notification; 15 immunity; penalties.-- 16 (6) REGISTRATION.-- 17 (a) A sexual predator must register with the 18 department by providing the following information to the 19 department: 20 1. Name, social security number, age, race, sex, date 21 of birth, height, weight, hair and eye color, photograph, 22 address of legal residence, address of any current temporary 23 residence, date and place of any employment, date and place of 24 each conviction, fingerprints, and a brief description of the 25 crime or crimes committed by the offender. 26 2. Any other information determined necessary by the 27 department, including criminal and corrections records, 28 nonprivileged personnel, treatment, and abuse registry 29 records, and evidentiary genetic markers when available. 30 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 If the sexual predator is in the custody or control of, or 2 under the supervision of, the Department of Corrections, the 3 sexual predator must may register directly with the 4 department, or the Department of Corrections or any law 5 enforcement agency may register the sexual predator with the 6 department. The sexual predator is not required to make any 7 further registration as a convicted felony offender in any 8 county. 9 (b) If the Each sexual predator is not in the custody 10 or control of, or under the supervision of, the Department of 11 Corrections, and who is residing permanently or temporarily 12 resides in the state, the sexual predator shall initially 13 register in person at an office of the department, or at the 14 sheriff's office in the county in which the predator 15 permanently or temporarily resides, within 48 hours after 16 establishing permanent or temporary residence in this state. 17 If a sexual predator registers with the sheriff's office, the 18 sheriff shall take a photograph and a set of fingerprints of 19 the predator and forward the photographs and fingerprints to 20 the department, along with the information that the predator 21 is required to provide pursuant to this section. outside of a 22 correctional facility, jail, or secure treatment facility must 23 register or be registered with the department within 48 hours 24 after entering the county of permanent or temporary residence. 25 A sexual predator who is registered with the department must 26 provide written notification to the department of any change 27 in permanent or temporary residence within 48 hours after 28 arrival at the new place of permanent or temporary residence. 29 (c) Subsequent to the initial registration required 30 under paragraph (b), a sexual predator shall register in 31 person at a driver's license office of the Department of 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 Highway Safety and Motor Vehicles within 48 hours after any 2 change in the predator's permanent or temporary residence. At 3 the driver's license office the sexual predator shall: 4 1. If otherwise qualified, secure a Florida driver's 5 license, renew a Florida driver's license, or secure an 6 identification card. The sexual predator shall identify 7 himself or herself as a sexual predator who is required to 8 comply with this section, provide his or her place of 9 permanent or temporary residence, and submit to the taking of 10 a photograph for use in issuing a driver's license, renewed 11 license, or identification card, and for use by the department 12 in maintaining current records of sexual predators. 13 2. Pay the costs assessed by the Department of Highway 14 Safety and Motor Vehicles for issuing or renewing a driver's 15 license or identification card as required by this section. 16 3. Provide, upon request, any additional information 17 necessary to confirm the identity of the sexual predator, 18 including a set of fingerprints. 19 (d) Each time a sexual predator's driver's license or 20 identification card is subject to renewal, the predator shall 21 report in person to a driver's license office, regardless of 22 whether the predator's residence has changed, and shall be 23 subject to the requirements specified in paragraph (c). The 24 Department of Highway Safety and Motor Vehicles shall forward 25 to the department and to the Department of Corrections all 26 photographs and information provided by sexual predators. 27 (e)(c) If the sexual predator initially registers at 28 an office of the department, the department must notify the 29 sheriff and the state attorney of the county and, if 30 applicable, the police chief of the municipality, where the 31 sexual predator permanently or temporarily resides within 48 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 hours after the sexual predator registers with the department 2 or provides change of location information to the department. 3 (f)(d)1. The department is responsible for the on-line 4 maintenance of current information regarding each registered 5 sexual predator. The department must maintain hotline access 6 for state, local, and federal law enforcement agencies to 7 obtain instantaneous locator file and offender characteristics 8 information on all released registered sexual predators for 9 purposes of monitoring, tracking, and prosecution. The 10 photograph and fingerprints do not have to be stored in a 11 computerized format. 12 2. The department's sexual predator registration list, 13 containing the information described in subparagraph (a)1., is 14 a public record. The department is authorized to disseminate 15 this public information by any means deemed appropriate, 16 including operating a "900" telephone number for this purpose. 17 When the department provides information regarding a 18 registered sexual predator to the public, department personnel 19 must advise the person making the inquiry that positive 20 identification of a person believed to be a sexual predator 21 cannot be established unless a fingerprint comparison is made, 22 and that it is illegal to use public information regarding a 23 registered sexual predator to facilitate the commission of a 24 crime. 25 3. The department shall adopt guidelines as necessary 26 regarding the registration of sexual predators and the 27 dissemination of information regarding sexual predators as 28 required by this section. 29 (g)(e) A sexual predator must maintain registration 30 with the department for the duration of his or her life, 31 unless the sexual predator has had his or her civil rights 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 restored, or has received a full pardon or has had a 2 conviction set aside in a postconviction proceeding for any 3 felony sex offense that which met the criteria for the sexual 4 predator designation.; However, a sexual predator who has been 5 lawfully released from confinement, supervision, or sanction, 6 whichever is later, for at least 10 years and has not been 7 arrested for any felony or misdemeanor offense since release, 8 may petition the criminal division of the circuit court for 9 the purpose of removing the sexual predator designation. The 10 court has the discretion to grant or deny such relief. 11 (9) PENALTIES.-- 12 (a) A sexual predator who fails to register or be 13 registered or who fails, after registration, to renew a 14 driver's license or identification card or provide required 15 location information, commits a felony of the third degree, 16 punishable as provided in s. 775.082, s. 775.083, or s. 17 775.084. 18 Section 3. Section 943.046, Florida Statutes, is 19 created to read: 20 943.046 Notification of criminal offender 21 information.-- 22 (1) Any state or local law enforcement agency may 23 release to the public any criminal history information and 24 other information regarding a criminal offender, including, 25 but not limited to, public notification by the agency of the 26 information, unless the information is confidential and exempt 27 from s. 119.07(1) and s. 24(a), Art. I of the State 28 Constitution. However, this section does not contravene any 29 provision of s. 943.053 which relates to the method by which 30 an agency or individual may obtain a copy of an offender's 31 criminal history record. 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 (2) A state or local law enforcement agency and its 2 personnel are immune from civil liability for the release of 3 criminal history information or other information regarding a 4 criminal offender, as provided by this section. 5 Section 4. Section 943.043, Florida Statutes, is 6 created to read: 7 943.043 Toll-free telephone number; sex-offender 8 information.-- 9 (1) The department shall provide, through a toll-free 10 telephone number, public access to information regarding sex 11 offenders which is not confidential or exempt from public 12 disclosure and which is reported to the department by the 13 Department of Corrections as provided in s. 944.607 or by a 14 sex offender as provided in s. 943.0435. 15 (2) The department shall provide to any person, upon 16 request and at a reasonable cost determined by the department, 17 a copy of the photograph of any sex offender or sexual 18 predator which the department maintains in its files and a 19 printed summary of the information that is available to the 20 public under this section. 21 (3) The department and its personnel are immune from 22 civil liability for damages for good-faith compliance with 23 this section and shall be presumed to have acted in good faith 24 by reporting information. The presumption of good faith is not 25 overcome if technical or clerical errors are made by the 26 department and its personnel in reporting the information, if 27 the department and its personnel are unable to report 28 information because the information has not been provided or 29 reported by a person or agency required to provide or report 30 the information to the department, or if the department and 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 its personnel report information that was falsely reported 2 without the knowledge of the department and its personnel. 3 Section 5. Section 943.0435, Florida Statutes, is 4 created to read: 5 943.0435 Sex offenders required to report to the 6 department; penalty.-- 7 (1) As used in this section, the term: 8 (a) "Sex offender" means a person who has been: 9 1. Convicted of committing, or attempting, soliciting, 10 or conspiring to commit, any of the criminal offenses 11 proscribed in the following statutes in this state or 12 analogous offenses in another jurisdiction: s. 787.025, 13 chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s. 14 847.0135, s. 847.0145, or any similar offense committed in 15 this state which has been redesignated from a former statute 16 number to one of those listed in this subparagraph. 17 2. Released on or after October 1, 1997, from the 18 sanction imposed for any conviction of an offense described in 19 subparagraph 1. For purposes of subparagraph 1., a sanction 20 imposed in this state or in any other jurisdiction includes, 21 but is not limited to, a fine, probation, community control, 22 parole, conditional release, control release, or incarceration 23 in a state or federal prison or local detention facility. 24 (b) "Convicted" means the person has been determined 25 guilty as a result of a plea or a trial, regardless of whether 26 adjudication is withheld. 27 (2) A sex offender shall initially report in person at 28 an office of the department, or at the sheriff's office in the 29 county in which the offender permanently or temporarily 30 resides, within 48 hours after establishing permanent or 31 temporary residence in this state. The sex offender shall 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 provide his or her name, date of birth, race, sex, height, 2 weight, hair and eye color, tattoos or other identifying 3 marks, address of permanent or legal residence, or address of 4 any current temporary residence, date and place of each 5 conviction, and a brief description of the crime or crimes 6 committed by the offender. If a sex offender reports at the 7 sheriff's office, the sheriff shall take a photograph and a 8 set of fingerprints of the offender and forward the 9 photographs and fingerprints to the department, along with the 10 information provided by the sex offender. 11 (3) Subsequent to the initial report required under 12 subsection (2), a sex offender shall report in person at a 13 driver's license office of the Department of Highway Safety 14 and Motor Vehicles within 48 hours after any change in the 15 offender's permanent or temporary residence. At the driver's 16 license office the sex offender shall: 17 (a) If otherwise qualified, secure a Florida driver's 18 license, renew a Florida driver's license, or secure an 19 identification card. The sex offender shall identify himself 20 or herself as a sex offender who is required to comply with 21 this section. The sex offender shall provide any of the 22 information specified in subsection (2), if requested. The sex 23 offender shall submit to the taking of a photograph for use in 24 issuing a driver's license, renewed license, or identification 25 card, and for use by the department in maintaining current 26 records of sex offenders. 27 (b) Pay the costs assessed by the Department of 28 Highway Safety and Motor Vehicles for issuing or renewing a 29 driver's license or identification card as required by this 30 section. 31 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 (c) Provide, upon request, any additional information 2 necessary to confirm the identity of the sexual predator, 3 including a set of fingerprints. 4 (4) Each time a sex offender's driver's license or 5 identification card is subject to renewal, the offender shall 6 report in person to a driver's license office, regardless of 7 whether the offender's residence has changed, and shall be 8 subject to the requirements specified in subsection (3). The 9 Department of Highway Safety and Motor Vehicles shall forward 10 to the department all photographs and information provided by 11 sex offenders. 12 (5) This section does not apply to a sex offender who 13 is also a sexual predator, as defined in s. 775.21. A sexual 14 predator must register as required under s. 775.21. 15 (6) A sex offender who does not 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 (7) The department, the Department of Highway Safety 20 and Motor Vehicles, the Department of Corrections, and the 21 personnel of those departments are immune from civil liability 22 for damages for good-faith compliance with the requirements of 23 this section, and shall be presumed to have acted in good 24 faith in compiling, recording, and reporting information. The 25 presumption of good faith is not overcome if a technical or 26 clerical error is made by the department, the Department of 27 Highway Safety and Motor Vehicles, the Department of 28 Corrections, or the personnel of those departments in 29 compiling or providing information, or if information is 30 incomplete or incorrect because a sex offender fails to report 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 or falsely reports his or her current place of permanent or 2 temporary residence. 3 Section 6. Section 944.607, Florida Statutes, is 4 created to read: 5 944.607 Notification to Department of Law Enforcement 6 of information on sex offenders.-- 7 (1) As used in this section, the term: 8 (a) "Sex offender" means a person who is in the 9 custody or control of, or under the supervision of, the 10 department on or after October 1, 1997, as a result of a 11 conviction for committing, or attempting, soliciting, or 12 conspiring to commit, any of the criminal offenses proscribed 13 in the following statutes in this state or analogous offenses 14 in another jurisdiction: s. 787.025, chapter 794, s. 796.03, 15 s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, s. 847.0145, 16 or any similar offense committed in this state which has been 17 redesignated from a former statute number to one of those 18 listed in this paragraph. 19 (b) "Conviction" means a determination of guilt as a 20 result of a plea or trial, regardless of whether adjudication 21 is withheld. 22 (2) In addition to notification and transmittal 23 requirements imposed by any other provision of law, the 24 department shall compile information on any sex offender and 25 provide the information to the Department of Law Enforcement. 26 The information shall be made available electronically to the 27 Department of Law Enforcement as soon as this information is 28 in the department's database and must be in a format that is 29 compatible with the requirements of the Florida Crime 30 Information Center. 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 (3) The information provided to the Department of Law 2 Enforcement must include: 3 (a) The name of the sex offender and any alias, if 4 known; 5 (b) The sex offender's most current address and place 6 of permanent or temporary residence, including the name of the 7 county or municipality in which the offender permanently or 8 temporarily resides and, if known, the intended place of 9 permanent or temporary residence upon satisfaction of all 10 sanctions; 11 (c) The legal status of the sex offender and the 12 scheduled termination date of that legal status; 13 (d) The location of, and local telephone number for, 14 any office of probation, community control, parole, 15 conditional release, or control release which is responsible 16 for supervising the sex offender; 17 (e) An indication of any offense for which the 18 offender was convicted which involved a victim who was a minor 19 at the time the offense was committed, if this information is 20 known; 21 (f) A physical description of the sex offender; 22 (g) The offense or offenses for which the sex offender 23 was convicted; and 24 (h) A digitized photograph of the sex offender which 25 must have been taken within 60 days before the offender is 26 released from the custody of the department by expiration of 27 sentence under s. 944.275 or must have been taken by October 28 1, 1997, or within 60 days after the onset of the department's 29 supervision of any sex offender who is on probation, community 30 control, conditional release, parole, provisional release, or 31 control release or who is supervised by the department under 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 the Interstate Compact Agreement for Probationers and 2 Parolees. 3 4 If any information provided by the department changes during 5 the time the sex offender is under the department's control, 6 custody, or supervision, the department shall update the 7 information and provide it to the Department of Law 8 Enforcement in the manner prescribed in subsection (2). 9 (4) The department and its personnel are immune from 10 civil liability for damages for good-faith compliance with 11 this section, and shall be presumed to have acted in good 12 faith in compiling, recording, and providing information. The 13 presumption of good faith is not overcome if technical or 14 clerical errors are made by the department and its personnel 15 in compiling, recording, or providing information, if the 16 information compiled, recorded, or provided by the department 17 and its personnel is incomplete because the information has 18 not been provided to the department by a person or agency 19 required to provide the information, or if the department and 20 its personnel compile, record, or provide information that was 21 falsely reported without the knowledge of the department and 22 its personnel. 23 Section 7. Section 944.605, Florida Statutes, 1996 24 Supplement, is amended to read: 25 944.605 Inmate release; notice by Department of 26 Corrections, Control Release Authority, or Parole 27 Commission.-- 28 (1) Within 6 months before the release of an inmate 29 from the custody of the Department of Corrections by 30 expiration of sentence under s. 944.275, any release program 31 provided by law, or parole under chapter 947, or as soon as 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 possible if the offender is released earlier than anticipated, 2 notification of such anticipated release date shall be made 3 known by the appropriate agency to the chief original 4 sentencing judge of the circuit in which the offender was 5 sentenced, the appropriate state attorney, the original 6 arresting law enforcement agency, the Department of Law 7 Enforcement, and the sheriff as chief law enforcement officer 8 of the county in which the inmate plans to reside. If the 9 original sentencing judge is no longer available, such notice 10 shall be sent to the chief judge of the circuit in which the 11 offender was sentenced. In addition, unless otherwise 12 requested by the victim or the personal representative of the 13 victim, the state attorney, the Department of Corrections, the 14 Control Release Authority, or the Parole Commission, whichever 15 is appropriate, shall notify such person within 6 months 16 before the inmate's release, or as soon as possible if the 17 offender is released earlier than anticipated, when if the 18 name and address of such victim or representative of the 19 victim has been furnished to the agency. The state attorney 20 shall provide the latest address documented for the victim to 21 the sheriff with the other documents required by law for the 22 delivery of inmates to those agencies for service of sentence. 23 For the purposes of this section, the Parole Commission or the 24 Control Release Authority is the appropriate agency for any 25 type of release it grants, and the Department of Corrections 26 is the appropriate agency for any type of release it 27 authorizes. This section does not imply any repeal or 28 modification of any provision of law relating to notification 29 of victims. 30 (2) Within 60 120 days before the anticipated release 31 of an inmate under subsection (1), a digitized photograph 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 except for an inmate for which notification is required under 2 subsection (3) or s. 944.606, an exit photo of the inmate to 3 be released shall be made taken and placed in the inmate's 4 file and shall also be made available electronically to the 5 Department of Law Enforcement as soon as the digitized 6 photograph is in the department's database and must be in a 7 format that is compatible with the requirements of the Florida 8 Crime Information Center. The department shall provide a copy 9 of the digitized photograph to a local law enforcement agency 10 upon request. 11 (3) If an inmate is to be released after having served 12 one or more sentences for a conviction of robbery, sexual 13 battery, home-invasion robbery, or carjacking, or an inmate to 14 be released has a prior conviction for robbery, sexual 15 battery, home-invasion robbery, or carjacking or similar 16 offense, in this state or in another jurisdiction, and if such 17 prior conviction information is contained in department 18 records, the appropriate releasing agency shall release to the 19 sheriff of the county in which the inmate plans to reside, 20 and, if the inmate plans to reside within a municipality, to 21 the chief of police of that municipality, the following 22 information, which must include, but need not be limited to: 23 (a) Name; 24 (b) Social security number; 25 (c) Date of birth; 26 (d) Race; 27 (e) Sex; 28 (f) Height; 29 (g) Weight; 30 (h) Hair and eye color; 31 (i) Tattoos or other identifying marks; 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 (j) Fingerprints; and 2 (k) A digitized photograph taken not more than 90 days 3 before the date of the inmate's release. 4 5 The department, the Parole Commission, or the Control Release 6 Authority shall release the information specified in this 7 subsection within 6 months prior to the discharge of the 8 inmate from the custody of the department. 9 Section 8. Section 944.606, Florida Statutes, 1996 10 Supplement, is amended to read: 11 944.606 Sexual offenders; notification upon release.-- 12 (1) As used in this section: 13 (a) "Conviction" means a determination of guilt that 14 is the result of a plea or a trial, regardless of whether 15 adjudication is withheld. 16 (b) "Sexual offender" means a person who has been 17 convicted of a felony violation of chapter 794, s. 800.04, s. 18 827.071, or s. 847.0145, or a violation of a similar law of 19 another jurisdiction, when the department has received 20 verified information regarding such conviction; an offender's 21 computerized criminal history record is not, in and of itself, 22 verified information. 23 (2) The Legislature finds that sexual offenders, 24 especially those who have committee their offenses against 25 minors, often pose a high risk of engaging in sexual offenses 26 even after being released from incarceration or commitment and 27 that protection of the public from sexual offenders is a 28 paramount governmental interest. Sexual offenders have a 29 reduced expectation of privacy because of the public's 30 interest in public safety and in the effective operation of 31 government. Releasing sexual offender information to law 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 enforcement agencies and to persons who request such 2 information, and releasing such information to the public by a 3 law enforcement agency or public agency, will further the 4 governmental interests of public safety. 5 (3)(a) The department must provide information 6 regarding any sexual offender who is being released after 7 serving a period of incarceration for any offense, as follows: 8 1. The department must provide: the sexual offender's 9 name and any alias, if known; the correctional facility from 10 which the sexual offender is released; the sexual offender's, 11 social security number, race, sex, date of birth, height, 12 weight, and hair and eye color; date and county of sentence 13 and each crime for which the offender was sentenced; a copy of 14 the offender's fingerprints and a digitized photograph taken 15 within 60 90 days before of release; the date of release of 16 the sex offender; and the offender's intended residence 17 address, if known. 18 2. The department may provide any other information 19 deemed necessary, including criminal and corrections records, 20 nonprivileged personnel and treatment records, when available. 21 (b) The department must provide the information 22 described in subparagraph (a)1. to: 23 1. The sheriff of the county from where the sexual 24 offender was sentenced; 25 2. The sheriff of the county and, if applicable, the 26 police chief of the municipality, where the sexual offender 27 plans to reside; and 28 3. The Florida Department of Law Enforcement; and 29 4.3. Any person who requests such information, 30 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 either within 6 months prior to the anticipated release of a 2 sexual offender, or as soon as possible if an offender is 3 released earlier than anticipated. All such information 4 provided to the Department of Law Enforcement must be 5 available electronically as soon as the information is in the 6 agency's database and must be in a format that is compatible 7 with the requirements of the Florida Crime Information Center. 8 (c) Upon request, the department must provide the 9 information described in subparagraph (a)2. to: 10 1. The sheriff of the county from where the sexual 11 offender was sentenced; and 12 2. The sheriff of the county and, if applicable, the 13 police chief of the municipality, where the sexual offender 14 plans to reside, 15 16 either within 6 months prior to the anticipated release of a 17 sexual offender, or as soon as possible if an offender is 18 released earlier than anticipated. 19 (d) Upon receiving information regarding a sexual 20 offender from the department, the Department of Law 21 Enforcement, the sheriff or the chief of police shall provide 22 the information described in subparagraph (a)1. to any 23 individual who requests such information and may release the 24 information to the public in any manner deemed appropriate, 25 unless the information so received is confidential or exempt 26 from s. 119.07(1) and s. 24(a), Art. I of the State 27 Constitution. 28 (4) This section authorizes does not authorize the 29 department or any law enforcement agency to notify the 30 community and the public of a sexual offender's presence in 31 the community. However, with respect to a sexual offender who 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 has been found to be a "sexual predator" under chapter 775, 2 the Florida Department of Law Enforcement or any other law 3 enforcement agency must inform the community and the public of 4 the sexual predator's presence in the community, as provided 5 in chapter 775. Release of information pursuant to this 6 section does not constitute unauthorized public disclosure of 7 information that relates to sexual predators under chapter 8 775. 9 (5) An elected or appointed official, public employee, 10 or agency is immune from civil liability for damages resulting 11 from the release of information under this section. 12 Section 9. Section 947.177, Florida Statutes, 1996 13 Supplement, is amended to read: 14 947.177 Inmate release; notice by Department of 15 Corrections, Control Release Authority, or Parole 16 Commission.-- 17 (1) Within 6 months before the release of an inmate 18 from the custody of the Department of Corrections by 19 expiration of sentence under s. 944.275, control release under 20 s. 947.146, or parole under this chapter, or as soon as 21 possible if the offender is released earlier than anticipated, 22 notification of such release date shall be made known by the 23 appropriate agency to the chief original sentencing judge of 24 the circuit in which the offender was sentenced, the 25 appropriate state attorney, the original arresting law 26 enforcement agency, and the sheriff as chief law enforcement 27 officer of the county in which the inmate plans to reside. If 28 the original sentencing judge is no longer available, such 29 notice shall be sent to the chief judge of the circuit in 30 which the offender was sentenced. In addition, unless 31 otherwise requested by the victim or the personal 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 representative of the victim, the state attorney, the 2 Department of Corrections, or the Parole Commission, whichever 3 is appropriate, shall notify such person within 6 months 4 before the inmate's release, or as soon as possible if the 5 offender is released earlier than anticipated, when if the 6 name and address of the victim or representative of the victim 7 has been furnished to the agency. The state attorney shall 8 provide the latest address documented for the victim to the 9 sheriff with the other documents required by law for the 10 delivery of inmates to those agencies for service of sentence. 11 For the purposes of this section, the Parole Commission or the 12 Control Release Authority is the appropriate agency for any 13 type of release it grants, and the Department of Corrections 14 is the appropriate agency for any type of release it 15 authorizes. This section does not imply any repeal or 16 modification of any provision of law relating to notification 17 of victims. 18 (2) Within 60 120 days before the anticipated release 19 of an inmate, a digitized photograph except for an inmate for 20 which notification is required under subsection (3) or s. 21 944.606, an exit photo of the inmate to be released shall be 22 made taken and placed in the inmate's file and shall also be 23 available electronically to the Department of Law Enforcement 24 as soon as the digitized photograph is in the agency's 25 database and must be in a format that is compatible with the 26 requirements of the Florida Crime Information Center. 27 (3) If an inmate is to be released after having served 28 one or more sentences for a conviction of robbery, sexual 29 battery, home-invasion robbery, or carjacking, or an inmate to 30 be released has a prior conviction for robbery, sexual 31 battery, home-invasion robbery, or carjacking or similar 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 offense, in this state or in another jurisdiction, and if such 2 prior conviction information is contained in records of the 3 Department of Corrections, the appropriate releasing agency 4 shall release to the sheriff of the county in which the inmate 5 plans to reside, and, if the inmate plans to reside within a 6 municipality, to the chief of police of that municipality, the 7 following information, which must include, but need not be 8 limited to: 9 (a) Name; 10 (b) Social security number; 11 (c) Date of birth; 12 (d) Race; 13 (e) Sex; 14 (f) Height; 15 (g) Weight; 16 (h) Hair and eye color; 17 (i) Tattoos or other identifying marks; 18 (j) Fingerprints; and 19 (k) A digitized photograph taken not more than 90 days 20 before the date of the inmate's release. 21 22 The Department of Corrections, the Parole Commission, or the 23 Control Release Authority shall release the information 24 specified in this subsection within 6 months prior to the 25 discharge of the inmate from the custody of the Department of 26 Corrections. 27 Section 10. Present subsections (2), (3), (4), (5), 28 and (6) of section 948.06, Florida Statutes, are redesignated 29 as subsections (3), (4), (5), (6), and (7), respectively, and 30 a new subsection (2) is added to that section, to read: 31 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 948.06 Violation of probation or community control; 2 revocation; modification; continuance; failure to pay 3 restitution or cost of supervision.-- 4 (2)(a) When any state or local law enforcement agency 5 investigates or arrests a person for committing, or 6 attempting, soliciting, or conspiring to commit, a violation 7 of: s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 8 827.071, s. 847.0133, s. 847.0135, or s. 847.0145, the law 9 enforcement agency shall contact the Department of Corrections 10 to verify whether the person under investigation or under 11 arrest is on probation, community control, parole, conditional 12 release, or control release. 13 (b) If the law enforcement agency finds that the 14 person under investigation or under arrest is on probation, 15 community control, parole, conditional release, or control 16 release, the law enforcement agency shall immediately notify 17 the person's probation officer or release supervisor of the 18 investigation or the arrest. 19 Section 11. Paragraph (f) of subsection (3) of section 20 921.0012, Florida Statutes, 1996 Supplement, is amended to 21 read: 22 921.0012 Sentencing guidelines offense levels; offense 23 severity ranking chart.-- 24 (3) OFFENSE SEVERITY RANKING CHART 25 Florida Felony 26 Statute Degree Description 27 28 (f) LEVEL 6 29 316.027(1)(b) 2nd Accident involving death, failure 30 to stop; leaving scene. 31 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 316.193(2)(b) 3rd Felony DUI, 4th or subsequent 2 conviction. 3 775.21(9) 3rd Failure to register; failure to 4 renew driver's license or 5 identification card. 6 775.0875(1) 3rd Taking firearm from law 7 enforcement officer. 8 784.021(1)(a) 3rd Aggravated assault; deadly weapon 9 without intent to kill. 10 784.021(1)(b) 3rd Aggravated assault; intent to 11 commit felony. 12 784.048(3) 3rd Aggravated stalking; credible 13 threat. 14 784.07(2)(c) 2nd Aggravated assault on law 15 enforcement officer. 16 784.08(2)(b) 2nd Aggravated assault on a person 65 17 years of age or older. 18 784.081(2) 2nd Aggravated assault on specified 19 official or employee. 20 784.082(2) 2nd Aggravated assault by detained 21 person on visitor or other 22 detainee. 23 787.02(2) 3rd False imprisonment; restraining 24 with purpose other than those in 25 s. 787.01. 26 790.115(2)(d) 2nd Discharging firearm or weapon on 27 school property. 28 790.161(2) 2nd Make, possess, or throw 29 destructive device with intent to 30 do bodily harm or damage 31 property. 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 790.164(1) 2nd False report of deadly explosive 2 or act of arson or violence to 3 state property. 4 790.19 2nd Shooting or throwing deadly 5 missiles into dwellings, vessels, 6 or vehicles. 7 794.011(8)(a) 3rd Solicitation of minor to 8 participate in sexual activity by 9 custodial adult. 10 794.05(1) 2nd Unlawful sexual activity with 11 specified minor. 12 806.031(2) 2nd Arson resulting in great bodily 13 harm to firefighter or any other 14 person. 15 810.02(3)(c) 2nd Burglary of occupied structure; 16 unarmed; no assault or battery. 17 812.014(2)(b) 2nd Property stolen $20,000 or more, 18 but less than $100,000, grand 19 theft in 2nd degree. 20 812.13(2)(c) 2nd Robbery, no firearm or other 21 weapon (strong-arm robbery). 22 817.034(4)(a)1. 1st Communications fraud, value 23 greater than $50,000. 24 817.4821(5) 2nd Possess cloning paraphernalia 25 with intent to create cloned 26 cellular telephones. 27 825.102(1) 3rd Abuse of an elderly person or 28 disabled adult. 29 825.102(3)(c) 3rd Neglect of an elderly person or 30 disabled adult. 31 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 825.1025(3) 3rd Lewd or lascivious molestation of 2 an elderly person or disabled 3 adult. 4 825.103(2)(c) 3rd Exploiting an elderly person or 5 disabled adult and property is 6 valued at $100 or more, but less 7 than $20,000. 8 827.03(1) 3rd Abuse of a child. 9 827.03(3)(c) 3rd Neglect of a child. 10 827.071(2)&(3) 2nd Use or induce a child in a sexual 11 performance, or promote or direct 12 such performance. 13 836.05 2nd Threats; extortion. 14 836.10 2nd Written threats to kill or do 15 bodily injury. 16 843.12 3rd Aids or assists person to escape. 17 914.23 2nd Retaliation against a witness, 18 victim, or informant, with bodily 19 injury. 20 943.0435(6) 3rd Sex offenders; failure to comply 21 with reporting requirements. 22 944.35(3)(a)2. 3rd Committing malicious battery upon 23 or inflicting cruel or inhuman 24 treatment on an inmate or 25 offender on community 26 supervision, resulting in great 27 bodily harm. 28 944.40 2nd Escapes. 29 944.46 3rd Harboring, concealing, aiding 30 escaped prisoners. 31 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 944.47(1)(a)5. 2nd Introduction of contraband 2 (firearm, weapon, or explosive) 3 into correctional facility. 4 951.22(1) 3rd Intoxicating drug, firearm, or 5 weapon introduced into county 6 facility. 7 Section 12. Section 921.0017, Florida Statutes, is 8 amended to read: 9 921.0017 Credit upon recommitment of offender serving 10 split sentence.--Effective for offenses committed on or after 11 January 1, 1994, if an offender's probation or community 12 control is revoked and the offender is serving a split 13 sentence pursuant to s. 948.01, upon recommitment to the 14 Department of Corrections, the court shall order credit for 15 time served only, without considering any type of gain-time 16 earned before release to supervision, or any type of sentence 17 reduction granted to avoid prison overcrowding, including, but 18 not limited to, any sentence reduction resulting from 19 administrative gain-time, provisional credits, or control 20 release. The court shall determine the amount of jail-time 21 credit to be awarded for time served between the date of 22 arrest as a violator and the date of recommitment, and shall 23 direct the Department of Corrections to compute and apply 24 credit for all other time served previously on the prior 25 sentence for the offense for which the offender is being 26 recommitted. This section does not affect or limit the 27 department's authority to forfeit gain-time under ss. 28 944.28(1) and 948.06(7) 948.06(6). 29 Section 13. At the time of sentencing of any offender 30 for an offense involving a victim who at the time the offense 31 was committed, was a minor, the court shall stamp on the face 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 393 189-823-97 1 of the judgment "VICTIM IS A MINOR" and shall note this fact 2 on any document or information sent to the Department of Law 3 Enforcement for its incorporation into the criminal justice 4 information system of the Department of Law Enforcement. 5 Section 14. This act shall take effect October 1, 6 1997. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 31